Title IX Sexual Misconduct Policy: Appeal Process

The appeal of a Values Council decision is to the Vice President of Student Affairs and Enrollment Management.

Either party engaged in a sexual misconduct incident may appeal the decision of the Values Council. The request for an appeal must be within 48 hours of the notification of the outcome of the Values Council hearing. The grounds for appeal shall be limited to the following:

• University procedures and regulations related to Values hearing process were not followed
• New and compelling evidence that was not available at the time of the hearing
• The decision of the Values Council was not supported by the evidence presented at the hearing

The complainant or the accused has 48 hours from the time the notification of the hearing’s outcome is sent to initiate an appeal. To initiate an appeal, the accused or the complainant must obtain the Appeal Form from the office of the Vice President of Student Affairs and Enrollment Management. Once the form is obtained, the completed form must be returned to the office of the Vice President of Student Affairs and Enrollment Management within 24 hours.

An appeal will not be automatically granted. Individuals requesting an appeal must fill out all questions on the form, and communicating clearly and completely why the case should be reviewed by the Appeal Council. Once the form is submitted back to the Vice President of Student Affairs and Enrollment Management, the completed Appeal Form, along with the requestor’s reason for the appeal, will be submitted to the Values Council’s chair for review and response.

The Chair’s response and the requestor’s form and reasons for an appeal will then be sent to members of the Appeal’s Council. By simple majority, the Appeal Council can decide one of the following:

• Affirm the original decision and sanction
• Affirm the original decision and modify the sanction
• Reverse the decision
• Review the case and all the evidence

The Appeal Council’s decision will be given by the Chair to the University’s Assistant Dean of Student Services who will notify both parties in writing within 48 hours of the decision.

The decision of the Appeal Council is final except in instance of immediate expulsion. In such situations, the accused may seek a review from the Vice President of Student Affairs and Enrollment Management. The Vice President can review the case based on University policy and the evidence of the case. The Vice President’s decision is final.