August 22, 2016

Grounds for appeal (Student Misconduct)

Appeals are documentary reviews in which no oral testimony is taken and no oral argument takes place. Appeals are determined on the merits of the documents submitted and evidence reviewed. Appellate documents should be as complete as possible.

The appeal must include the Appeal Request Cover Sheet provided by the Title IX Office or the Title IX Appellate Coordinator indicating the specific grounds for appeal, and arguments and documentation specifically relevant to and in support of the stated grounds for appeal. Appellants should refer to Guidelines for Writing Appeals, a document available from the Title IX Appellate Coordinator.

Appeals may only be brought on one or more of the following grounds:

(a)  That new evidence has become available which is sufficient to alter the findings of fact and/or conclusions of policy violation made by the Title IX Office and which the appellant was not aware of or which could not have been reasonably obtained at the time of the original review.

(b)  That the findings of fact made by the Title IX Office are not supported by substantial evidence in light of the whole record or that the conclusions of policy violations are not supported by the findings of fact.

(c)  That the sanction imposed by the Misconduct Sanctioning Panel is grossly disproportionate to the violation found.

(d)  That the Title IX Office or the Misconduct Sanctioning Panel deviated from the process set forth in this policy and such deviation had a material impact on the outcome of the investigation.