August 22, 2016

Final decision (Student Misconduct)

The Title IX Appellate Coordinator informs the Vice President for Student Affairs of the recommendation of the Misconduct Appellate Panel in writing within seven calendar days of the conclusion of review. That time may be extended for good cause.

The recommendations of the Misconduct Appellate Panel are accepted or modified by the Vice President for Student Affairs. The decision to modify or accept the recommendations is a matter of the Vice President’s discretion and upon his or her review of the entire record of the case.

The final decision of the Vice President for Student Affairs will be as follows:

1. Affirm. The Vice President for Student Affairs may affirm the conclusions of the Title IX Office and the sanctioning decision of the Misconduct Sanctioning Panel in their entirety.

2.  Remand. The Vice President for Student Affairs may remand the case:

(a)  To the Title IX Office for further investigation in light of new evidence or with instructions to correct a deviation from the process set forth in this policy. Both parties will be notified of the remand and will be given the opportunity to respond to any new evidence that is collected. The Title IX Office will issue a revised SAR, which will be provided to both parties and to the Misconduct Sanctioning Panel. The Misconduct Sanctioning Panel will then issue a revised sanctioning decision, which will be provided to both parties and to the Vice President for Student Affairs. Thereafter, the Vice President for Student Affairs will issue a final decision.

(b)  To the Misconduct Sanctioning Panel to review modified findings of fact and/or conclusions of policy violations or with instructions to correct a deviation from the process set forth in this policy. The Misconduct Sanctioning Panel will issue a revised sanctioning decision, which will be provided to both parties and to the Vice President for Student Affairs. Thereafter, the Vice President for Student Affairs will issue a final decision.

3. Modify. The Vice President for Student Affairs may increase or decrease the assigned sanctions.

The Vice President for Student Affairs makes the final decision on appeal. Once made, this decision is final and binding upon all parties. There is no further appeal.

The Vice President for Student Affairs simultaneously provides both the Reporting Party and the Respondent the final decision in writing. Final results are available only after the appellate process has been exhausted or waived.