Page 38 - Demo

No Retaliation:The Title IX Coordinator will take steps to prevent any harassment of or retaliation against the complainant, the respondent, or third parties, such as informing them about howto report subsequent problems, following up with them to ensure that there are no subsequent problems, and providing training for the campus community. APPEALSProcedure for Appeals:Both the complainant and the respondent may appeal from (1) the Title IX Coordinator%u2019s dismissal of a formal complaint or any allegations therein or (2) the Hearing Panel%u2019s determination. The appeal should be submitted in writing to the Title IX Coordinator within 7 days of receipt of the Hearing Panel%u2019s decision.The Title IX Coordinator will forward the appeal to the Chancellor. The appeal will be decided based on the written record and without deference to the decision of the Hearing Panel.If the respondent is an employee, the Chancellor or his/her designee will decide theappeal. If the respondent is a student, the appeal will be decided by the Chancellor or his/her designee or, in the alternative, the Chancellor will designate an Appeal Panel comprised of at least two faculty and/or staff members. One of the members of the Appeal Panel can be (but need not be) an outside person who is not an employee. If an Appeal Panel is utilized, the Chancellor shall designate one of the panelists as the Chair of the Appeal Panel. The Chair of the Appeal Panel (in cases where the respondent is a student and a panel is utilized) or the Chancellor or designee (in other cases) shall make any decisions concerning appellate jurisdiction under the permissible grounds for appeal described below. The party appealing may use the Appeal Form or the party may submit his/her own written and signed document. Acceptable means of notification include email, facsimile, hand-delivered notification, or postal delivery. The Title IX Coordinator will promptly inform the other party of the appeal. Grounds for Appeal:The appeal from the decision of the Hearing Panel must be for one of the following reasons:(1) a procedural irregularity that affected the outcome of the decision; (2) there is new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; or (3) the Title IX Coordinator, Investigator(s), or Panel Member(s) had a conflict of interest or bias for or against complainants or respondents in general or against an individual complainant or respondent that affected the outcome. Responses:Within 5 days of receipt of the appeal, the other party may submit a written statement in response to the appeal and which supports or challenges the dismissal or determination.The response should be submitted to the Title IX Coordinator, who shall provide a copy to the decision-maker and the appealing party. Decision on Appeal:As soon as practicable after receiving the parties%u2019 written submissions(and ordinarily within approximately 10 days), the Chancellor (or designee) or Appeal Panel will issue a written decision describing the result of the appeal and the rationale for the result. The decision on appeal may uphold the decision, modify it, or remand for further factual development. The decision-maker on appeal will concurrently notify the complainant and the respondent of the decision, with a written copy provided to the Title IX Coordinator.