Appeal when an Employee is the Respondent

Notice of intent to appeal must be submitted to the Vice President for Human Resources within five (5) business days of: (1) the dismissal of any allegation(s); or (2) a determination regarding responsibility. All appeals will be conducted in a fair, impartial, and equitable manner by decision-makers who are free of any conflict of interest.

A complainant or respondent may file a written appeal of a matter eligible for formal investigation based upon: (1) a procedural irregularity that affected the outcome of the matter; (2) a claim that the sanction is substantially disproportionate to the finding(s); (3) 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; or (4) the Director of Gender Equity/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.

1. Appeal of the Dismissal of a Formal Complaint or Any Allegation
   
   The appeal of the dismissal of a Formal Complaint or any allegations is heard by the Vice President for Human Resources or their designee. Within 20 business days of receipt of the notice of intent to appeal, the Vice President for Human Resources or their designee will inform all parties in writing of the final outcome of the appeal. An extension of the time frame to issue the final decision may be granted for good cause as determined by the Vice President for Human Resources or their designee. The complainant and respondent will be notified in writing of both the appeal and the final outcome of the appeal.
   
   
2. Appeal of a Determination Regarding Responsibility
   
   The appeal of a determination regarding responsibility is heard by the Appeal Panel. The Appeal Panel’s makeup will differ based on the constituency of the respondent. If the respondent is an adjunct or full-time non-tenured track faculty member who is also a member of a collective bargaining unit, the Appeal Panel will consist of an administrator selected by the Vice President for Student Affairs, a full-time tenured or tenure-track faculty member selected by the Faculty Senate, and a bargaining unit member of the respondent’s collective bargaining unit selected by the Vice President for Human Resources. The full-time tenured or tenure-track faculty member will serve as Chair of the Appeal Panel.
   
   For all respondents other than those described above, the Appeal Panel will consist of a representative selected by the Vice President for Student Affairs, a representative selected by the Vice President for Human Resources, and a representative of the respondent’s constituency. If the respondent is a faculty member who is not a member of a union, the constituency representative will be selected by the Faculty Senate or their designee. If the respondent is an administrator, the constituency representative will be selected by the Vice President for Administration or their designee. If the respondent is a member of Local 810 or Local 153, the constituency representative will be selected by the respective unions or their designee. The representative selected by the Vice President for Human Resources will serve as Chair.
   
   If the Chair of the Appeal Panel determines there is a conflict of interest with any panel member, that panel member will be excused and replaced by another panel member to ensure a fair and impartial proceeding.
   
   
3. Appeal Panel Procedures
   
   a. The hearing is conducted in a closed session.
   
   b. The Appeal Panel will review the full case record, including the Director of Gender Equity/Title IX Coordinator’s Investigative Report, the sanctions, or lack thereof, imposed by the issuing Vice President, or designee, the related rationale, and any and all evidence in the case file.
   
   c. The issuing Vice President, or designee, will serve as a party during the hearing. If the complainant and/or respondent submits a notice of intent to appeal, they will also serve as a party during the appeal (“appealing party”). A non-appealing complainant or respondent will be considered a witness for the purposes of the appeal.
   
   d. The Vice President, or designee, issuing the findings and the appealing party will present their respective versions of the matter to the Appeal Panel. The Appeal Panel may ask questions to the parties or relevant witnesses. The non-appealing complainant or respondent will be given an opportunity to be heard even though they are not considered a party on appeal.
   
   e. Each party to the appeal may be given an opportunity to submit questions to the other party to the appeal and to relevant witnesses. To do so, the party to the appeal must submit questions to the Appeal Panel Chair, who may then ask the questions.
   
   f. In addition to the Administrative Support Person assigned to students, the parties may have one (1) Advisor of Choice present. However, the Advisor of Choice may not actively participate during the hearing and must adhere to all rules set forth in the Policy and Procedures.
   
   g. The Appeal Panel may affirm the decision of the decision-maker or sustain any of the specified grounds for appeal, in which case the Appeal Panel may:
   ● reverse a finding;
   ● change a sanction or remedy;
   ● remand a case to the original decision-maker for clarification or reconsideration consistent with the Appeal Panel’s decision;
   ● remand a case to the Director of Gender Equity/Title IX Coordinator to identify a new decision-maker due to a conflict of interest substantiated by the appeal process; or
   ● remand a case for a new or additional investigation, to be followed by a finding by a decision-maker.
   
   h. The final outcome will be determined by majority decision. Within 90 business days of receipt of the notice of intent to appeal, the Vice President for Human Resources or their designee will inform all parties in writing of the final outcome of the appeal.
   
   i. The Vice President for Human Resources will simultaneously provide the complainant, the respondent, and the Vice President issuing the sanctions, if applicable, with a copy of the Appeal Panel’s findings.
   
   j. An extension of the timeframe for the Appeal Panel to issue the final decision may be granted for good cause as determined by the Vice President for Human Resources or their designee.
   
   k. A record of the Hearing will be preserved for the case file by the Gender Equity & Title IX Office.
   
   
4. Further Review
   
   Employees may have the right to a limited review of the final decision per the process above.
   
   a. Faculty
   ● Bargaining Unit Faculty Members: Bargaining unit faculty members should follow the grievance and arbitration procedures in the applicable collective bargaining agreements as limited for Title IX purposes.
   ● Non-Bargaining Unit Faculty Members: Faculty who are not a member of a bargaining unit should follow the procedures as limited for Title IX purposes as outlined in Article IV of the University Statutes.
   
   b. Staff
   ● Clerical/Maintenance Union Members: Those employees who are members of either the Clerical or the Maintenance Union should follow the grievance procedures in their respective Collective Bargaining Agreements.