The College must offer both parties an appeal from a determination regarding responsibility, and from a College’s dismissal of a formal complaint or any allegations therein, on the following bases: (a) procedural irregularity that affected the outcome of the matter; (b) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or (c) the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter. 118 Either party may appeal a determination regarding responsibility or a dismissal of a formal complaint or any allegations therein by filing appeal with the Title IX Coordinator within seven (7) days from the date of which the action subject to appeal was taken. Appeals related to incidents reported prior to August, 2023 shall be heard by Mark Miller, the Vice President of Student Affairs and Dean of Students. Appeals related to incidents reported during or after August, 2023 shall be heard by Latoya Pierce, Dean of Diversity, Equity and Inclusion and Chief Diversity Officer of the College.
As to all appeals, the College must (a) notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties; (b) ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator; (c) ensure that the decision-maker(s) for the appeal complies with the standards set forth in this policy and Title IX; (d) give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; (e) issue a written decision describing the result of the appeal and the rationale for the result; and (f) provide the written decision simultaneously to both parties. 119
118 34 CFR §106.45(b)(8)(i)
119 34 CFR §106.45(b)(8)(iii)