Both parties must be afforded the opportunity to appeal dismissal of a formal complaint as well as a final determination on the following grounds:
- A procedural irregularity affecting the outcome
- New evidence not available at the time of the determination that could affect the outcome; or
- Conflict of interest or bias on the part of the Title IX coordinator, investigator(s), or decision-maker which affected the outcome.
If a party wishes to appeal, an appeal must be made within ten (10) instructional days of dismissal of a formal complaint or delivery of a written determination. If a party files an appeal, the other party must be notified by an approved method of notification. A party wishing to appeal must do so by submitting an appeal in writing to the Title IX coordinator, who will assign review of the appeal to an appeals officer within three (3) instructional days of receipt. The appeal must include a statement indicating why the appealing party disagrees with dismissal of the complaint or the determination and specify on which ground(s) the appeal is being made. The college must ensure that the appeals officer is not the Title IX coordinator, investigator(s), or decision-maker who reached the original determination. A decision by an appeals officer must be rendered within three (3) instructional days of receipt by the appeals officer and provided in writing to both parties simultaneously through an approved method of notification. Should an extension be necessary, the appeals officer may provide the parties with written notice extending determination of the appeal for five (5) instructional days with an explanation for the extension. The results of an appeal and the rationale for the determination must be provided in writing simultaneously to both parties.