Title IX law states: No person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
NUNM has identified a Title IX coordinator and two deputy coordinators. All deputy coordinators have undergone extensive training and are authorized to take reports of harassment and gender discrimination. All reports taken are forwarded to the Title IX coordinator who oversees the Title IX investigative process. A full description of the responsibilities of the Title IX coordinator can be found below and in the student handbook. NUNM assures it will take steps to prevent re-occurrence of sexual misconduct.
Title IX Coordinator
Avoiding Conflict of Interest and Bias
NUNM’s process presumes that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the formal grievance process. All NUNM personnel who administer the Title IX process will receive training on all matters required by Title IX and its implementing regulations, including training on how to serve impartially. No Title IX Coordinator or Deputy Coordinator, Investigator, Hearing Board member, Hearing Officer, or any person who facilitates any informal resolution process, will be permitted to maintain a conflict of interest or bias for or against complainants or respondents generally or against any particular Complainant or Respondent. Any Complainant or Respondent who believes that a conflict of interest or bias exists should contact the Title IX Coordinator with their concerns. If the party’s concerns are about the Title IX Coordinator, the party should contact the Vice President of Student Engagement and Innovation.
Scope of Title IX Sexual Harassment
When the Title IX Coordinator receives an initial report or complaint, they will make an initial determination of whether the matter constitutes Title IX Sexual Harassment. In order for a matter to qualify as Title IX Sexual Harassment, it must meet the following criteria:
- The matter must meet the definition of Title IX Sexual Harassment in Section 13.1 of the Student Handbook.
- The matter complained of must occur in an education program or activity of NUNM, meaning that means locations, events, or circumstances where NUNM exercises substantial control over both the Respondent and the context in which the harassment occurs. Alternatively, the harassment may occur in any building owned or controlled by a student organization that is officially recognized by the University. Employees who work in NUNM’s education programs or activities are part of those programs and activities.
- The matter complained of must take place in the United States.
- At the time of filing a complaint, the Complainant must be participating in or attempting to participate in an NUNM education program or activity.
- The Respondent must be a member of the NUNM community.
If the Title IX Coordinator determines that a matter constitutes Title IX Sexual Harassment, they will consult with the Complainant to determine whether to
- Offer supportive and remedial measures only,
- Use an informal resolution process if the Title IX Coordinator deems it appropriate, or
- Use the formal process described in this policy and process.
The Title IX Coordinator will give substantial deference to a Complainant’s wishes on the choice of process. On but on occasion the Title IX Coordinator may decide to proceed with a formal process to protect the safety and wellbeing of the NUNM Community, despite the Complainant’s wishes. In that rare case, the Title IX Coordinator will file a formal complaint on behalf of NUNM and will proceed with a formal process.
Dismissal of Complaints from Title IX ProcessNUNM must dismiss a formal complaint or any allegations therein from this Title IX Process if, at any time during the investigation or hearing, it is determined that the matter does not fall within the Scope of Title IX Sexual Harassment, as described above. If the matter is dismissed for this reason, the Title IX Coordinator will evaluate the matter to determine if it should be addressed under another NUNM policy or process, including through the Human Resources grievance process or the Student Code of Conduct..
NUNM may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal Complaint or any allegations therein. (A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.); or
- The Respondent is no longer enrolled in or employed by NUNM; or
- Specific circumstances prevent NUNM from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
When a complaint is dismissed from the Title IX process for any reason, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. Any party may appeal a dismissal under the processes for appeals, with the applicable appeal timelines running from the date of the Title IX Coordinator’s notice.
Supportive Measures. NUNM will offer supportive measures to all Complainants and will inform all Complainants that supportive measures are available without filing a formal complaint. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to NUNM’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or NUNM’s educational environment, or deter Title IX Sexual Harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. NUNM will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining confidentiality does not impair NUNM’s ability to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Emergency Measures. In certain instances, the Title IX Coordinator may remove a Respondent entirely or partially from NUNM’s education program or activities as an emergency measure.
To implement emergency measures, the Title IX Coordinator must evaluate the situation individually and determine that the Respondent poses an immediate threat to the physical health or safety of students or employees and that the threat justifies the emergency measure.
The Title IX Coordinator will determine and implement the least restrictive emergency measures possible in light of the risks and the safety concerns. Emergency measures may include, but are not limited to;
- Temporary suspension;
- Restricting access to or use of facilities or equipment;
- Allowing a student to withdraw or take grades of incomplete without financial penalty;
- Alternative coursework options;
- Authorizing an administrative leave; and/or
- Suspending a student’s participation in extracurricular activities, student employment, or student organizational leadership.
The Title IX Coordinator will give Respondent and Complainant notice of the emergency measures, and both will have an opportunity to provide a statement for or against the emergency measures. The Title IX Coordinator, in their sole discretion, may modify or end an emergency measure.
Informal Resolution Processes
Informal resolution is a resolution that does not involve a full investigation and adjudication as described in the Formal Complaint Process. It may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. Defining this concept may have the unintended effect of limiting parties’ freedom to choose the resolution option that is best for them. If the parties wish to explore an informal resolution, and the matter is appropriate for informal resolution, the Title IX Coordinator will assist them in doing so.
The Title IX Coordinator retains the authority to determine whether a matter is appropriate for informal resolution. Certain cases, such as those involving violence or substantial power differentials, may not be appropriate for informal resolution. For example, informal resolution is not appropriate to resolve allegations that a PSU employee sexually harassed a student.
If the matter is appropriate for informal resolution, the Title IX Coordinator generally seeks a process with the following characteristics:
- The process results in a resolution that is final, written, and satisfactory to both Parties;
- The resolution seeks to prevent future instances of Sexual Harassment; and
- The resolution seeks to remedy any past Sexual Harassment and allow any wronged party the opportunity to participate fully in NUNM’s education program or activity.
If the parties decide to engage in informal resolution, the Title IX Coordinator will ask for each party’s voluntary written consent. The Title IX Coordinator will provide each party a notice disclosing the allegations, the requirements of the informal resolution process, and any consequences that might result.
No party is ever obligated to engage in informal resolution, and either party may withdraw from an informal resolution process and resume the Formal Complaint Process at any time before a final resolution. After a final resolution, however, the parties may not use the Formal Complaint Process to resolve the matters covered by the informal resolution process.
Formal Title IX Complaint Process
NUNM strives to complete the formal Title IX Complaint Process, excluding appeals, within 60 days. NUNM may extend this period for good cause. If good cause exists to extend the timeline, NUNM will inform the parties in writing of the delay and the reasons for it.
Notice of Allegations
To begin the formal process, the Title IX Coordinator will obtain a formal complaint in writing from a Complainant and will appoint an Investigator. The Investigator will provide a written notice to the parties containing the following:
- Notice of this Title IX Sexual Harassment Process;
- Notice of the allegations of Title IX Sexual Harassment, including the identities of the parties involved in the incident, if known, the conduct allegedly constituting Title IX Sexual Harassment, and the date and location of the alleged incident, if known.
- Notice that the Code of Student Conduct prohibits knowingly making false statements or knowingly submitting false information during this process.
Request to Remove Investigator
The Complainant and Respondent may submit written requests to the Title IX Coordinator asking that the Investigator be removed for reasonable articulable grounds of bias, conflict of interest, or an inability to be fair and impartial. The written request must identify the grounds for the removal and be received by the Title IX Coordinator within 72 hours following delivery of the Notice of Allegations. The Title IX Coordinator will decide whether to grant such request. Removal of the Investigator may require that the investigation be delayed.
During the investigation, the Investigator will:
- provide an equal opportunity for the parties to provide information and witnesses;
- not restrict the ability of either party to discuss the allegations or to gather or present evidence;
- provide each party detailed written notice of all meetings or interviews they are expected to attend, together with the purpose of the meeting or interview, with enough time for the party to prepare to participate;
- allow each party to have an advisor of their choice (who may be but need not be an attorney) at any meetings or interviews;
- provide each party with an equal opportunity to inspect any evidence gathered that is directly related to the formal complaint;
- draft a written report that fairly summarizes relevant evidence and provide a copy to both parties at least 10 days before finalizing the report;
- allow both parties an opportunity to comment on the draft report in writing before finalizing the report; and
- finalize the report and send a copy simultaneously to both parties.
Complaints of Title IX Sexual Harassment shall be brought before a Hearing Board for hearing. The Hearing Board is composed of three persons drawn from a pool of NUNM Employees who have been recruited from the community and trained by the University. NUNM students may not sit on the Hearing Board.
All Hearing Board members will annually receive training regarding: the dynamics of sexual harassment and the scope of Title IX Sexual Harassment; the factors relevant to a determination of credibility; the appropriate manner in which to receive and evaluate sensitive information; the manner of deliberation and the application of the preponderance of the evidence standard; the University’s policies and procedures; and any other matter required by applicable Title IX regulations.
A Hearing Officer will assist the Hearing Board by coordinating logistics, administering the hearing, ruling on evidence, and helping to draft a written decision document. The Hearing Officer will also vet any alleged conflicts of interest by Hearing Board members. The Hearing Officer is not a decisionmaker and has no voice in making any determination of responsibility or sanctions.
Notice of Hearing
The Hearing Officer will issue a Notice of Hearing to the Complainant and the Respondent. The Notice of Hearing will identify the date, time, and place of the hearing and provide the names of the Hearing Board members who have been chosen to serve on the Board for that particular matter. The Notice of Hearing will be sent at least 10 calendar days before the hearing date. The hearing date must be at least 10 days after the parties receive the Investigator’s final report.
Meeting with Complainant and Respondent
As soon as possible after issuing the Notice of Hearing, the Hearing Officer may (but need not) meet individually with Complainant and Respondent and their respective Advisors to discuss the hearing process and answer any questions. At the Hearing Officer’s option, the Hearing Officer may also use the meeting to discuss evidentiary issues in an effort to resolve any disputes about evidence before the hearing.
Request to Reschedule Hearing
Either party may request to reschedule the hearing. Requests to re-schedule must come directly from the Complainant or Respondent, must be submitted to the Hearing Officer at least 48 hours prior to the scheduled start of the hearing, whenever possible, and must specify the reasons for the request. The Hearing Officer will decide whether to grant such request. The Hearing Officer retains the discretion to reschedule the hearing at any time for good cause.
Request to Remove Board Member
The Complainant and Respondent may submit written requests to the Hearing Officer or designee asking that a member of the Hearing Board be removed for reasonable articulable grounds of bias, conflict of interest, or an inability to be fair and impartial. The written request must identify the grounds for the removal and be received by the Hearing Officer within 72 hours following delivery of the Notice of Hearing. The Hearing Officer will decide whether to grant such request. Removal of a Hearing Board member may require that the hearing be rescheduled.
Request to Remove Hearing Officer
The Complainant and Respondent may submit written requests to the Title IX Coordinator asking that the Hearing Officer be removed for reasonable articulable grounds of bias, conflict of interest, or an inability to be fair and impartial. The written request must identify the grounds for the removal and be received by the Title IX Coordinator within 72 hours following delivery of the Notice of Hearing. The Title IX Coordinator will decide whether to grant such request. Removal of the Hearing Officer may require that the hearing be rescheduled.
Request to Present Witnesses
The Complainant or Respondent may call witnesses at the hearing only upon satisfaction of the conditions below being met. A party wishing to call any witness at hearing, including those witnesses that have been previously identified and/or interviewed by the Investigator, must submit a list of witnesses to the hearing at least 72 hours before the scheduled start of the hearing. Parties should provide contact information (e-mail address; telephone number, if known) for any witness who is not a member of the NUNM community.
For proposed witnesses who were not interviewed by the Investigator, the following information must be submitted:
- Names of witnesses the party intends to call;
- A written statement and/or description of the information the witness is expected to provide at the hearing;
- A summary of why the witness’ presence is relevant to making a decision on the complaint; and
- The reason why the witness was not interviewed by the Investigator.
The Hearing Officer will determine if there is sufficient justification for permitting a witness who was not interviewed by the Investigator. Generally, neither party will be permitted to call character witnesses. The Hearing Officer may require that the Investigator interview newly suggested witnesses. Both parties and the Hearing Board will learn, before the hearing, what witnesses have been approved to appear.
The Hearing Officer will notify all approved witnesses of the date, time, and location of the hearing and offer each witness an opportunity to ask questions about the process.
The Hearing Board may call any person it deems to have relevant information. NUNM students called to participate as a witness in a Title IX Hearing are expected to participate.
Requests to Present new Investigator Documentation
Complainant or Respondent may wish to present documentation or other evidence at the hearing that was not provided to the Investigator. No later than 72 hours before the scheduled start of the hearing, the requesting party must submit to the Hearing Officer a list of any new documents or other evidence. The list of documents must contain the following information:
- Identification and description of the document or other evidence the party intends to present;
- A summary of why the document or other evidence is relevant to deciding on the complaint, and
- The reason why the document or other evidence was not provided to the Investigator.
The Hearing Officer will determine if the additional documentation or other evidence is relevant and if there is sufficient justification for permitting its use at the hearing. The Hearing Officer may also require that the Investigator review the additional documentation or other evidence. If the additional documentation or evidence is approved, it will be shared with the parties and the Hearing Board before the hearing.
Request to Present Information Related to Prior Sexual History, Prior Findings of Similar Acts of Sexual Misconduct, or Pattern Evidence
Questions or information about Complainant’s prior sexual history with the Respondent may only be admitted if the Respondent raises consent as a defense and is using the information to show that the Complainant consented. Such information may be relevant, but is not necessarily determinative of whether it is more likely than not that the Respondent is responsible for the nonconsensual conduct alleged in the Complaint.
Questions or information about the Complainant’s prior sexual history with anyone other than the Respondent will not be allowed unless the questions or evidence are offered to show that someone other than Respondent committed the conduct alleged by Complainant.
Generally, questions or evidence about the Respondent’s prior sexual history with anyone other than the Complainant will not be allowed. In limited circumstances, such as when there is evidence of a pattern of behavior that is factually similar, information about that pattern of behavior may be relevant to the determination of responsibility or assigning of a sanction.
A prior finding (post appeal opportunities) of Respondent’s responsibility for a similar act of sexual misconduct is generally relevant and may be considered in making a determination as to responsibility and/or assigning of a sanction.
Subject to the considerations above, if either party wishes at hearing to bring forth information – in any form – concerning the other party’s sexual history, evidence of a pattern of behavior, or prior bad acts, such requests must be made to the Hearing Officer, regardless of whether the information was brought forward during the investigation. The Hearing Officer or designee will judge the admissibility of such information. The following must be submitted to the Hearing Officer or designee no later than 72 hours prior to the scheduled start of the hearing: A written statement and/or description of the proposed information, if not already provided during investigation, and a summary of why this information is relevant to making a decision of responsibility at the hearing. The Hearing Officer will determine if the information concerning prior sexual history or pattern evidence is appropriate for inclusion at the hearing.
The Complainant and the Respondent may each prepare an Impact Statement. An Impact Statement is a written document to be considered by the Hearing Board while determining sanctions. Both parties may, but are not required to, prepare an Impact Statement and provide it in a sealed envelope to the Hearing Officer on the day of the hearing. The statements will be opened only if the Respondent is found responsible; otherwise, they will be destroyed. Impact Statements will be reviewed by the Hearing Board before it decides on sanctions. Impact Statements should not contain information that has already been excluded from consideration or which is otherwise irrelevant. The Hearing Officer retains discretion to instruct the Hearing Board to disregard information contained in the Impact Statement that would not otherwise be permissible under this process.
Those who may be present at the hearing are: the Complainant; the Respondent; each party’s Advisor; Investigator; witnesses; and other University officials. The Investigator and witnesses may only be present in the hearing room during the Call to Order and Confidentiality portions of the hearing and when they are providing information to the Hearing Board. The Complainant and Respondent will be present in the hearing room, unless as prescribed under Alternative Attendance.
Failure to Attend
If a party fails to attend a hearing for any reason other than an emergency, the hearing may be held in their absence. The Hearing Board may not draw any inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
A Complainant or Respondent may request to participate in the hearing by suitable means that would not require physical proximity to the other. This can include, but is not limited to, partitioning a hearing room or using technology to facilitate participation from a remote location. All requests by a party to participate in the hearing other than in person must be submitted in advance of the hearing to the Hearing Officer. The Hearing Officer will review the request to ensure compliance with a fair and equitable process. The Hearing Officer may allow for witnesses to appear through technological means rather than in-person attendance.
Standard of Evidence
The Hearing Board will determine the Respondent’s responsibility by a preponderance of the evidence standard, which is whether the information provided at the hearing supports a finding that it is “more likely than not” (50.01% or more) that the Respondent is responsible for the alleged violation(s).
Cross examination (asking questions of the opposing party or witnesses) is an essential part of the hearing. If a party or witness does not submit to cross-examination at the hearing, the Hearing Board may not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the Hearing Board cannot draw any inference about the determination regarding responsibility based solely on a party’s or witness’s refusal to answer cross-examination or other questions.
The parties are not allowed to cross examine one another or witnesses. Only the parties’ advisors may cross examine on their behalf. The Hearing Officer and Hearing Board may also ask questions.
Hearings before the Hearing Board are audio-recorded for the purpose of: (1) reference by the Hearing Board or Hearing Officer during deliberations; (2) the official record of the hearing; and (3) availability to the Complainant or Respondent should either wish to file an appeal. The Hearing Board’s deliberations are not audio-recorded.
Hearing Officer’s Rulings
Throughout the Hearing, the Hearing Officer will listen to each question as it is asked; if the question is deemed relevant and permissible, the Hearing Officer will allow it. If the question is not deemed relevant and permissible, the Hearing Officer will state that the question is not relevant and permissible and will state the reason for that determination. If the question may be rephrased, the Hearing Officer may say so.
The Hearing Officer will observe evidence being introduced to ensure that it was either provided to the Investigator or properly approved.
Similarly, the Hearing Officer may make any other rulings that are necessary to protect the relevance, integrity, and clarity of evidence in the record. The Hearing Officer may ask any questions that are necessary to fulfill the Hearing Officer’s role. The Hearing Officer may instruct the Hearing Board to disregard evidence or questions that were improperly put before the Hearing Board.
Each party must have an advisor at the hearing. Each party is entitled to bring an advisor of their choice, who may or may not be an attorney. If a party does not have an advisor present at the live hearing, NUNM will provide without fee or charge to that party, an advisor of NUNM’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party. If a party knows that they will not have an advisor present at the live hearing, they should notify NUNM as soon as possible, and preferably at least five business days in advance, so that it can provide an advisor. Failure to notify NUNM in a timely way could result in the hearing being postponed.
During the hearing, all participants are expected to act with proper decorum and treat all other participants with respect. The Hearing Officer may exclude any participant who fails to meet this standard and who does not correct their behavior after the hearing officer reminds them. Exclusion of an essential participant may require the hearing to be rescheduled.
Conducting the Hearing
Call to Order
The Hearing Officer will call the hearing to order. All parties, the Investigator, and available witnesses will be present to hear the Call to Order. The Hearing Officer will describe the hearing process and provide an opportunity for all parties to ask procedural questions before opening remarks and before information is presented. The Hearing Officer will ask each individual present to state their name and identify their role during the hearing.
The Hearing Officer will inform parties that the proceedings are confidential as required under the Family Educational Rights and Privacy Act (FERPA) and and to the extent required by Title IX..
The Investigator will present a brief summary of the Investigative Report. The Hearing Board may first ask questions of the Investigator, followed by the Complainant and then the Respondent. Once the Investigator’s Presentation is completed, the Investigator will leave the room.
Complainant’s Opening Remarks
The Complainant may present their own account of the events.
Respondent’s Opening Remarks
The Respondent may present their own account of the events.
The Hearing Board may ask Complainant questions, followed by the Respondent. The Respondent’s questions must be asked by the Respondent’s Advisor and not by the Respondent. The Hearing Board will then have an opportunity to ask additional questions of the Complainant. The Complainant may then offer witnesses who may be questioned directly first by the Complainant, then the Hearing Board, and then the Respondent. There will then be additional opportunities for the Hearing Board and the parties to question the witness. Once a witness other than a party is done presenting information and answering questions, they will be asked to leave the hearing room.
The Hearing Board may ask the Respondent questions, followed by the Complainant. The Complainant’s questions must be asked by the Complainant’s Advisor and not by the Respondent. The Hearing Board will then have an opportunity to ask additional questions of the Respondent. The Respondent may then offer witnesses who may be questioned directly first by the Respondent, then the Hearing Board, and then the Complainant. There will then be additional opportunities for the Hearing Board and the parties to question the witness. Once a witness other than a party is done presenting information and answering questions, they will be asked to leave the hearing room.
Recall of Witnesses
The Hearing Board reserves the right to recall any party or witness during the hearing process for further questions and to seek additional information necessary to make a decision.
The Hearing Officer and Hearing Board will offer a final opportunity for any additional questions.
Discretion of the Hearing Officer
The Hearing Officer retains discretion to alter, at any time, the order of the hearing process, as needed.
Upon conclusion of the presentation of information by the Investigator, parties and witnesses, the Complainant and the Respondent may make brief summary statements to the Hearing Board. The Complainant will present their summary statement first, followed by the Respondent.
At the conclusion of the hearing, everyone other than the Hearing Officer, the University’s legal counsel and the Hearing Board members will be dismissed from the hearing room to allow the Hearing Board to deliberate in private. The Hearing Officer and the University’s legal counsel may remain for deliberations but may not vote. The Hearing Board’s decision will be determined by majority vote.
The Hearing Officer will provide the Board with violation precedence and a student conduct history (if applicable). If the Hearing Board finds responsibility, it will deliberate regarding the appropriate sanction(s) and reach a decision by majority vote. The votes themselves will not be shared with the parties and only the decision on responsibility and any applicable sanction will be announced. The Hearing Board may schedule additional meetings to complete deliberations if necessary.
If the Hearing Board finds the Respondent responsible for violations of NUNM’s Title IX Policy, the Hearing Board will impose appropriate sanctions. Sanctions may be issued individually or in combination with other sanctions. In determining the appropriate sanction(s), the Hearing Board may consider a number of factors including: the harm suffered by the Complainant; any ongoing risk to either the Complainant or the community posed by the Respondent; the impact of the violation(s) on the community, its members or its property; any previous conduct violations; any mitigating or aggravating circumstances; and the information contained in any impact statements submitted by the parties.
Notice of Outcome
The Hearing Board, with the help of the Hearing Officer if desired, will prepare a written Notice of Outcome will send it to the Respondent and the Complainant at the same time. Generally, the notice will occur within 48 hours of the conclusion of the Hearing Board’s deliberations. The Notice will include the following:
- Identification of the allegations potentially constituting Title IX Sexual Harassment;
- A description of the procedural steps taken from the receipt of the formal complaint through the determination;
- Findings of fact supporting the determination;
- Conclusions regarding the application of NUNM’s Title IX Policy to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the Hearing Board is imposing on the Respondent, and whether remedies designed to restore or preserve equal access to NUNM’s education program or activity will be provided to the Complainant; and
- NUNM’s procedures and permissible bases for the complainant and respondent to appeal.
The determination regarding responsibility becomes final either on the date that the parties receive the outcome on appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Within ten business days after the Hearing Board notifies the parties of its determination, any party who wishes to appeal must notify the Dean of Students of any request to appeal. An appeal must be based on one of the following grounds:
- A procedural error or omission occurred that significantly impacted the outcome of the investigation (e.g. material deviation from established procedures, etc.);
- The Title IX Coordinator, Investigator, Hearing Officer, or Hearing Board member had a conflict of interest or bias that affected the outcome of the matter; or
- New evidence is available that was not reasonably available at the time the determination or dismissal was made and could affect the outcome. A summary of this new evidence and its potential impact should be included in the appeal request. Intentional failure to provide information during the investigation is not grounds for an appeal.
The Dean of Students will determine whether the appeal states one or more of the required grounds for appeal. If the appeal does not state one or more of the required grounds for appeal, the Dean of Students will notify the parties simultaneously in writing that the appeal is denied. The notice will include an explanation of the reasons why the appeal was denied.
If the appeal does state one or more of the required grounds for appeal, the Dean of Students will notify the parties, the Title IX Coordinator, the Investigator, the Hearing Officer, and the Hearing Board and give the opposing party, Title IX Coordinator, Investigator, Hearing Officer, and Hearing Board an opportunity to respond to the appeal in writing within ten business days. The Hearing Officer or Investigator may respond only if their conduct or decision is the basis for the appeal.
After receiving the responses, if any, the Dean of Students will consider any responses and make a decision within another five business days. Both the Respondent and Complainant will receive a simultaneous written notification of the decision. The Dean of Students’ decisions are final and not subject to appeal.