HR-17-4 Appealing a Formal Process Decision
The following outlines the process and timeline associated with an appeal of a decision regarding discrimination, discriminatory or sexual harassment and sexual misconduct/sexual violence investigations. Note that certain circumstances may require that the timeline be extended; in such situations, the College will make a reasonable effort to notify all affected parties.
- If an appeal is filed, the Title IX/EEO Officer will work with the Chief Human Resources Officer (or designee) to identify an appeals officer of the College to lead the appeal process. The appeals officer is typically someone not immediately affiliated with the situation who can objectively review the Title IX/EEO Officer's decision.
- The appeals officer will review the investigation file and may choose to meet with any party associated with the complaint and/or request additional documentation. The appeals officer will prepare a written decision to include findings and recommendations (if any). The written decision will be sent to the complainant, accused, and the Title IX/EEO Officer within 15 business days of notice of appeal.
- Either party may file an appeal of the appeals officer's decision to the Title IX/EEO
Officer within five (5) business days of receipt of the decision under the following
- Evidence exists that shows the discrimination, discriminatory or sexual harassment and sexual misconduct/sexual violence investigative process was not followed, and the failure to follow the process materially affected the outcome of the investigation;
- New information or evidence is available that was not available at the time of the original investigation or appeal and is relevant to the complaint.
- Clear abuse of discretion on the part of the investigating or administrative officer.
- The appeal of the appeals officer's decision will be reviewed by the College President or designee. A written decision will be sent to the complainant, accused and Title IX/EEO Officer within ten (10) business days of notice of the appeal. The president's or designee's decision shall be the final decision of the College.