VIII. Review, Investigation and Resolution Options

The College’s response to reports under this policy will be guided by principles of fairness and respect for all parties. In every case, the College will conduct an assessment and determine the most appropriate manner of resolution under the policy. The College recognizes that in some circumstances, due to aspects of a particular case, strict compliance with the policy may create unexpected conflicts of interest or raise other concerns about the fairness of the typical process. The Civil Rights Coordinator is empowered to adjust the process, with notice to the parties, as necessary to provide an adequate, reliable, thorough, and impartial investigation.

Resources are available for both parties, whether as a complainant or respondent, to provide guidance throughout the investigation and resolution of the report. Both respondents and complainants are entitled to an advisor of their choice throughout the process. The Civil Rights Coordinator will provide the complainant and the respondent with an overview of available resources and options at their first meeting.

Withdrawal, resignation, graduation, retirement, or other departure of a complainant or respondent from the College after a report has been made will not discontinue the review, investigation, and/or resolution of the report or complainant. A respondent who separates from the College under any circumstance is not eligible for re-admittance or re-employment until they have successfully completed the terms of any sanctions imposed.

A. Procedural Expectations: Complainant and Respondent

In any report, assessment, investigation or resolution under this policy, both a complainant and a respondent can expect:

  1. A prompt and equitable response to reports of Prohibited Conduct.
  2. To receive interim measures that may be reasonably available and necessary for protection and support.
  3. Information about where to find confidential resources on and off campus and other forms of support available through the College and in the community.
  4. Notice of the alleged conduct, potential policy violations at issue, and the identity of the complainant, which may be the College, prior to the start of a formal investigation.
  5. An adequate, reliable, thorough, and impartial investigation.
  6. The opportunity for an advisor of choice who may attend all meetings and proceedings related to the assessment, investigation, or resolution of the report.
  7. Agency and autonomy to decline to participate in an investigation or resolution under the policy, although the College may choose to continue the process even if the complainant and/or respondent do not participate.
  8. To identify witnesses, submit suggested questions in writing, and provide evidence during the investigation.
  9. Prompt remedial action if Prohibited Conduct is determined to have occurred.
  10. Regular communication about the progress of the process and of the resolution.
  11. Timely written notice of the outcome, and sanctions, and the rationale for each.
  12. The opportunity to appeal the outcome (determination as to responsibility) and sanction.
  13. To be free from retaliation, harassment, or intimidation relating to this policy.
  14. Reasonable accommodation during the resolution process for individuals with disabilities can be requested through established College protocol as provided by the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act.

B. Initial Civil Rights Assessment

Upon receipt of a report, the Civil Rights Coordinator will conduct an initial assessment to provide an integrated and coordinated response to reports under this policy. In the course of this initial assessment, the Civil Rights Coordinator will consider the interest of the reporting party and their expressed preference for the manner of resolution, as well as the College’s broader obligation to maintain a safe campus free from harassment and discrimination. Where possible, the College will seek to resolve reports under this policy in a manner consistent with the reporting party’s request. As part of the initial assessment, the Civil Rights Coordinator will:

  • Assess the nature and circumstances of the allegation;
  • Address immediate physical safety and emotional well-being;
  • Notify the reporting party of the right to contact law enforcement;
  • Inform the reporting party of the importance of preservation of evidence (i.e., physical, electronic, etc.);
  • Enter the incident into the College’s daily crime log, if appropriate (without identifying information);
  • Evaluate whether to issue a timely warning consistent with the Clery Act; 14
  • Provide the reporting party with information about on and off-campus resources;
  • Notify the reporting party of the range of interim measures;
  • Provide the reporting party with an explanation of the procedural options under the policy, including Informal Resolution and Formal Resolution;
  • Notify the reporting party of the ways they may choose to participate, or decline to participate, in the various steps of the process. This will include notification that the Civil Rights Coordinator may, in certain circumstances, proceed without a reporting party’s participation and that non-participation by the reporting party may limit the ability of the College to respond;
  • Assess for pattern evidence or other similar conduct by respondent;
  • Discuss the reporting party’s expressed preference for manner of resolution and any barriers to proceeding;
  • Explain the College’s policy prohibiting retaliation; and
  • If the determination has been made to notify the respondent of the report, provide the respondent with information about resources, possible interim measures, and procedural options.

The initial review will proceed to the point at which a reasonable assessment of the safety of the individual and of the campus community can be made, and the Civil Rights Coordinator has sufficient information to determine the appropriate manner of resolution.

At the conclusion of the assessment, the Civil Rights Coordinator, will determine the appropriate manner of resolution. If the reported information would not support a policy violation (see Section IV, Prohibited Conduct), accepting all reported information as true, the Civil Rights Coordinator may decline to pursue an investigation, and, when appropriate, refer the incident to the relevant College office. It is at the discretion of the Civil Rights Coordinator to determine which method of resolution is appropriate.

The Civil Rights Coordinator will communicate the decided upon manner of resolution to the reporting party in writing. Depending on the circumstances and requested resolution, the respondent may or may not be notified of the report or resolution. A respondent will be notified when the action would impact a respondent, such as protective measures that restrict the respondent’s movement on campus, the initiation of an investigation, or the decision to involve the respondent in an informal process. If an investigation is initiated, the respondent and complainant will be informed of the nature of the alleged conduct and/or potential charges being investigated as detailed in section VIII.F.1.

C. Advisor of Choice

Both complainants and respondents may be supported by an advisor of choice during the resolution of a report under this policy. The advisor may be an attorney. Any person who serves as an advisor should be available for meetings, telephone calls, and/or video calls throughout the process. The advisor is a silent and non-participating presence who is there solely to observe and provide support during the investigative process. The College has the right at all times to determine what constitutes appropriate behavior on the part of an advisor. Prior to participating in any meeting, the advisor will be required to meet with or speak with the Civil Rights Coordinator (or designee) for an orientation to the College’s policies and procedures, privacy protections, and expected participation and 15 decorum. The complainant or respondent may be present for this meeting. The advisor may not be a fact witness or otherwise have any conflicting role in the process. All communication shared with the investigators must come directly from the complainant or respondent.

D. Reporting Party’s Request for Anonymity or that No Action/Investigation Be Pursued

The Civil Rights Coordinator will take all reasonable steps to investigate and respond to the report consistent with the reporting party’s request where possible. Where a reporting party makes a report but requests that a name or other identifiable information not be shared with the respondent or that no formal action be taken, the College’s ability to respond may be limited by the request. The College will balance this request with its dual obligation to provide a safe and non-discriminatory environment for all Kenyon College community members.

In making this determination, the Civil Rights Coordinator will consider, among other factors:

  • Whether the reporting party has requested confidentiality or will participate in an informal or formal process;
  • The severity and impact of the conduct;
  • The respective ages of the parties, including whether the reporting party is a minor (under the age of 18);
  • Whether the respondent has admitted to the conduct;
  • Whether there have been other complaints or reports of harassment or violence by the respondent under this policy;
  • Whether circumstances suggest there is an increased risk of the respondent committing additional acts of violence;
  • Whether the respondent threatened further violence against the reporting party or others;
  • Whether the report indicates that multiple respondents were involved;
  • Whether the report indicates that the conduct involved a weapon; and

Whether the school possesses independent means to obtain relevant evidence (e.g., witnesses, security cameras or personnel, or physical evidence). Where the College is unable to take action consistent with the request of the reporting party, the Civil Rights Coordinator will inform the reporting party about the chosen course of action, which may include the College initiating an investigation into whether a policy violation occurred. Alternatively, the course of action may include a form of Informal Resolution, which will include steps to eliminate the effects of the Prohibited Conduct and prevent its recurrence that do not involve formal disciplinary action against a respondent or revealing the identity of the reporting party.

E. Informal Resolution

The Informal Resolution process is designed to eliminate a hostile environment without taking formal disciplinary action against a respondent. Where the initial assessment concludes that Informal Resolution may be appropriate, the College may take immediate and corrective action through the imposition of individual and community remedies designed to maximize the reporting party’s access to the educational, co-curricular, and employment activities at the College and to eliminate a hostile environment.

Participation in Informal Resolution is voluntary, and either party (the Complainant or the Respondent) can request to end Informal Resolution process at any time. Pursuing Informal Resolution does not preclude later use of Formal Resolution if the Informal Resolution fails to achieve a resolution acceptable to the parties and the College, or if the informal agreement is violated. The Civil Rights Coordinator may refer a report for Formal Resolution at any time and retains the discretion to determine the type of Informal Resolution that may be appropriate in a specific case.

As part of Informal Resolution, the Civil Rights Coordinator may:

  1. Resolve the report through the implementation of remedies when there is sufficient information about the nature and scope of the conduct to support such a response.
  2. Act promptly to meet with the parties involved to inform them of the corrective actions.

Remedies may include any option outlined in Section VII.B. regarding Interim Measures. Other potential remedies include targeted or broad-based educational programming or training, an agreement between the parties that addresses the complainant’s concerns, supported direct confrontation of the respondent, and/or indirect action by the Civil Rights Coordinator or the College. Depending on the form of resolution, it may be possible for a reporting party to maintain anonymity.

There are two primary types of Informal Resolution: Facilitated Agreement, and Mediation. Neither may be used to resolve a report of Non-Consensual Sexual Intercourse. In an Informal Resolution, the parties are not compelled to engage in the process, to directly confront each other, or to participate in any particular form of Informal Resolution.

In Facilitated Agreement, the Civil Rights Coordinator or designee generally acts as a facilitator to work with the parties to reach an agreement outlining a resolution. In Mediation, a mediator conducts a confidential mediation between the parties to reach a binding legal agreement that may be enforced in court. Informal Resolution agreements are signed by the parties and the Civil Rights Coordinator and are enforced by the College. If the agreement includes disciplinary probation, suspension, or dismissal, this will be recorded in the respondent’s disciplinary record.

At the discretion of the Civil Rights Coordinator, after an investigation or Formal Resolution of a report has begun, a complainant and respondent may agree to pursue Informal Resolution.

The Civil Rights Coordinator will maintain records of all reports and conduct referred for Informal Resolution, which will typically be completed within thirty (30) calendar days of the initial report. When the respondent is a student, an Informal Resolution will not be recorded in the respondent’s student file in the Dean of Students Office, unless the respondent agrees to have it recorded. When the respondent is an employee, a notation will be made in the employee’s file maintained by the Office of Human Resources and/or the Provost’s Office.

F. Formal Resolution

Where the Civil Rights Coordinator concludes that Formal Resolution is appropriate, the College will initiate an investigation. The Civil Rights Coordinator will identify the potential violations and prepare the initial notification of charges. Any non-Civil Rights conduct charges will be determined in consultation with the appropriate administrator (Director of Student Rights and Responsibilities, Human Resources Director, or Provost) 17 and will be investigated and, if appropriate, adjudicated and/or appealed pursuant to this policy, provided that it does not unduly delay resolution under this policy.

The College may delay granting a diploma otherwise earned until the completion of all phases of a formal resolution including completion of an appeal and/or sanctions imposed.

1. Investigation

The complainant and respondent will receive written notice that an investigation has been initiated. The notice of investigation will include the identities of the parties involved, the specific section/s of the policy allegedly violated, the precise conduct allegedly constituting the potential violation, and the approximate date and location of the alleged incident. The notice shall be provided in advance of any interview with the investigators, with sufficient time for meaningful preparation. The Civil Rights Coordinator, in consultation with the investigators, may amend the charges as part of the investigative process. The Civil Rights Coordinator will, if appropriate, issue amended charges to both parties.

The Civil Rights Coordinator will designate two investigators to conduct an adequate, reliable, and impartial investigation, one of whom will typically be a College employee. Any investigator used by the College must have specific training in investigations. The College may engage an external investigator as one or both of the two assigned investigators. The investigators will be impartial and free of any actual conflict of interest. In complex situations, the Civil Rights Coordinator, in consultation with the two investigators, may engage additional trained investigators to gather additional information to be considered by the primary investigators in the resolution of the complaint.

The investigators will interview the complainant and the respondent to understand the details of the reported incident. The investigators, at their discretion, will conduct other fact finding and/or discussions with any other individuals who may have information relevant to the determination. The witnesses must have observed the acts in question or have information relevant to the incident and cannot be participating solely to speak about an individual’s character. The investigators will also gather any available physical evidence, including documents, communications between the parties, and other electronic records as appropriate. Audio and/or video recording of interviews is prohibited under the policy unless there is a special need for the recording and it has been approved in advance by the Civil Rights Coordinator.

The complainant and respondent will have an equal opportunity to be heard; submit written questions for the investigators to ask of the other party; submit information and evidence; and identify witnesses who may have relevant information. Investigators will review submitted questions and, in their discretion, may choose which questions are necessary and appropriate to the investigation and conduct any follow-up as they deem relevant.

All parties and witnesses are expected to provide truthful information. Knowingly providing false or misleading information is a violation of College policy and can subject a student or employee to disciplinary action. Making a good faith report to the College that is not later substantiated does not constitute false or misleading information.

The investigators and Civil Rights Coordinator have the discretion to consolidate multiple reports against a respondent into one investigation in the interests of efficiency based on the relationship between the witnesses, incidents, and/or evidence. Where multiple complainants are involved in the same investigation, each complainant will be 18 provided only with the appropriate portion(s) of the investigative documents that relate to their individual complaint. If there are multiple respondents, each respondent will be provided only with the appropriate portion(s) of the investigative documents that relate to the individual report involving them.

A person’s medical and counseling records are privileged and confidential documents that a complainant or respondent will not be required to disclose to investigators. However, where a party chooses to share medical and counseling records as part of the investigation, the records will be shared with the other party subject to redaction requirements as detailed in section VIII.F.2.

In gathering the facts, the investigators may consider similar prior or subsequent reports of, or findings of responsibility for, similar conduct by the respondent to the extent such information is relevant. Such patterns may indicate a heightened risk to the campus community, and therefore can be taken into account during an investigation. If the Civil Rights Coordinator determines that there may be a pattern of behavior, the Civil Rights Coordinator may, in their discretion, offer the information to the investigators for the limited purpose of consideration as pattern evidence. The investigators may then, in their discretion, determine whether such evidence is or may be to determine whether a policy violation occurred with respect to the allegations being investigated based on an assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation or indicates a pattern of similar Prohibited Conduct. Prior or subsequent conduct of the respondent may also be considered in determining other relevant issues, including knowledge, intent, motive, or absence of mistake.

Any party seeking to introduce information about pattern evidence should bring this information to the attention of the investigators at the earliest opportunity. While the investigators may explore relevant areas of inquiry, the Civil Rights Coordinator has the discretion to make the final determination whether evidence of prior or other misconduct is relevant to the determination regarding responsibility.

At any time, the respondent may choose to agree to a finding of responsibility to some or all of the charged conduct. The matter will be referred to an Adjudicator to determine the appropriate sanction as set forth below (Section VIII.F.4).

The College will seek to complete the investigation within forty-five (45) calendar days from the notice of investigation, but this time frame may be extended for good cause with written notice to the parties of the delay and the reason for the delay. Good cause may include the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

2. Review of Investigation and Initial Investigative Report

At the conclusion of the investigation, the investigators will prepare a preliminary written investigation report that summarizes the relevant information gathered and synthesizes the areas of agreement and disagreement between the parties and any supporting information or accounts. In preparing the report, the investigators will: • Review all facts gathered to determine whether the information is relevant given the allegation;

  • Redact information that is irrelevant, more prejudicial than probative, immaterial, and/or information relating to any mediation that may have occurred between the parties;
  • Redact statements of personal opinion, rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty.

The Civil Rights Coordinator will share the initial investigative report with the complainant and respondent to provide each the opportunity for review before the report is finalized. Due to the privacy of all those involved, shared documents will not be printable, downloadable, or shareable by the parties. Exceptions may be made in compliance with Section 504 of the Rehabilitation Act of 1973.

The complainant and respondent may request that they be re-interviewed. The complainant and the respondent may, in writing, submit any additional comments, witnesses, evidence, or follow-up questions to the investigators within five (5) business days of the opportunity to review the report. Upon receipt of any additional information by the complainant or respondent, or after the five (5) business day period has lapsed without comment, the investigators will conduct any additional follow-up that they deem appropriate.

3. Determination of Responsibility

The investigators will make a determination, by a preponderance of the evidence, whether there is sufficient information to support a finding of responsibility. The investigators finding, and the rationale for the finding, will be included in the final investigative report which will be shared with the complainant and the respondent by the Civil Rights Coordinator. The preponderance of the evidence is the standard whereby all relevant and admissible information is found to support, more likely than not, the allegations.

If the investigators determine by a preponderance of the evidence that there is insufficient information to find the respondent responsible for violating this or other policies, the complainant may appeal this outcome following the procedures set forth in Section VIII.G. (Appeals).

If the investigators determine, by a preponderance of the evidence, that there is sufficient information to find the respondent responsible for violating this or other policies, the matter will be referred to an Adjudicator to determine the appropriate sanction. The Civil Rights Coordinator will notify the Registrar to place a hold on the respondent’s transcript until the sanction has been issued by the Adjudicator.

If the investigators determine, by a preponderance of the evidence, that there is sufficient information to find the respondent responsible, the respondent may be immediately placed on restricted access, the restrictions of which will be determined by the Civil Rights Coordinator on a case-by-case basis.

4. Adjudicator

The Adjudicator is determined by the status of the respondent:

  • For reports against students or student groups, the Adjudicator is typically the Director of the Office of Student Rights and Responsibilities.
  • For reports against staff, the Adjudicator is typically the Director of Human Resources or, if the Director of Human Resources is unable to serve, the Director of Student Rights and Responsibilities.
  • For reports against faculty, the Adjudicator is typically the Provost or, if the Provost is unable to serve, one of the Associate Provosts.

When the typical or alternate Adjudicator is unable to serve, or is not otherwise designated in this policy, the Civil Rights Coordinator will select a trained individual to be the Adjudicator with notice to both parties.

The Adjudicator must be a neutral and impartial decision-maker. The parties will be informed, in writing, of the specific Adjudicator assigned to determine the sanction(s). Within 1 calendar day of receiving the notice of the designated Adjudicator, the complainant and the respondent may submit a written request to the Civil Rights Coordinator to replace the named Adjudicator, if there are reasonable articulable grounds to establish bias, conflict of interest, or an inability to be fair and impartial. The designated Adjudicator will only be replaced if the Civil Rights Coordinator determines that their bias precludes impartiality or constitutes conflict. Additionally, an Adjudicator who has reason to believe they cannot make an objective determination must recuse themselves.

5. Sanctions

In determining the appropriate sanction(s), the Adjudicator will:

  • Afford the complainant and the respondent the opportunity to submit a written impact/mitigation statement to the Adjudicator for consideration within 3 calendar days of the notice of referral to adjudication;
  • Consider a sanction(s) designed to eliminate the Prohibited Conduct, prevent its recurrence, and address its effects, while supporting the College’s educational mission and legal obligations;
  • Impose any sanction(s) deemed appropriate after a consideration of all of the relevant information.

The Adjudicator will impose the sanction(s) based upon a full consideration of the following factors: (1) the respondent’s prior conduct history; (2) how the College has sanctioned similar incidents in the past; (3) the nature and violence of the conduct at issue; (4) the impact of the conduct on the complainant; (5) the impact of the conduct on the community, its members, or its property; (6) whether the respondent has accepted responsibility for their actions; (7) whether the evidence, in conjunction with the prior conduct history, suggests that the respondent is reasonably likely to engage in the same or similar conduct in the future; (8) the need to deter similar conduct by others; and (9) any other mitigating or aggravating circumstances, including the College’s values.

The imposition of the sanction(s) will typically take effect immediately, but may be stayed at the discretion of the Adjudicator in consultation with the Civil Rights Coordinator. A respondent who separates from the College under any circumstance is not eligible for re-admittance or re-employment until they have successfully completed the terms of any sanction(s) imposed.

A transcript notation of Suspension or Dismissal will be noted at the time the sanction is imposed. If an appeal reverses the decision, the notation will be removed.

(a) Sanctions for Students or Student Groups

For students, the sanction may include removal from specific courses or activities, removal from College housing, suspension from the College, or dismissal. While sanctions may be of a punitive nature, they are intended to be educational as well. The possible sanctions that may be issued, individually or in combination, for students found responsible for Prohibited Conduct include:

  • Organizational Notification. Written or verbal notification to inter/national organization representatives, officers or advisers.
  • Loss of Privileges. Denial of privileges such as removal of services and access to facilities, restriction of use of campus financial accounts and/or student activity fee funding, attendance or participation in activities/programs, loss of theme or division housing privileges.
  • Social Probation. Probationary status during which time the organization is restricted from participating in social events, including hosting as an organization.
  • Probation of Student Organization. Probationary status for a specified period, typically not less than one semester, during which time the organization will be required to fulfill specific conditions before reinstatement to good standing.
  • Suspension of Student Organization. Separation from the College for a specified period, typically not less than one semester. Involves loss of all rights and privileges of student organizations, including the use of College facilities, and probationary status for one year following completion of suspension.
  • Termination of Student Organization. Termination is the most serious of College disciplinary actions for a student organization. It involves permanent separation of a student organization from the College and removal of recognition of the organization.

For a student employee who is acting within the scope of their employment at the time of the incident, the sanction may include any permissible sanction as a student or an employee.

(b) Sanctions for Employees or Employee Groups

For employees, the sanction may include any form of responsive action or progressive discipline as set forth in the Employee Handbook, including training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination of employment.

(c) Sanctions for Faculty or Faculty Groups

Appropriate sanctions may range from a warning, a reprimand, relevant training, referral to counseling, salary freeze, removal from certain responsibilities (e.g. supervising employees), paid leave or unpaid leave, non-renewal of contract, reassignment, termination of tenure and/or termination of employment.

(d) Sanctions for Non-students and Non-employees

Appropriate sanctions may include but are not limited to: warning, counseling, training, restricted campus access, restricted participation in College activities and events.

6. Timeframe for Resolution

The College will seek to complete the adjudication (imposition of sanction) within 10 calendar days of the notice of referral to adjudication, but this time frame may be extended for good cause with written notice to the parties of the delay and the reason for the delay.

7. Notice of Outcome

The Adjudicator’s written determination of the outcome, the sanction, and the rationale for each will be provided to the complainant and respondent by the Adjudicator. The complainant and respondent will be informed of any sanctions, the date by which the requirements must be satisfied (if applicable), and the consequences of failure to satisfy the requirements.

The outcome letter will also provide each party with their appeal options. If, under extenuating circumstances, there are any changes to the outcome, both parties will be simultaneously notified at the earliest possible time. The College may also notify appropriate College officials, including a direct supervisor of a sanction, as necessary to implement the outcome and/or sanctions.

G. Appeals

A complainant and respondent may each appeal the outcome, including the investigators’ finding of responsibility (or no responsibility). In a request for an appeal, the burden of proof lies with the party requesting the appeal. Dissatisfaction with the outcome of the investigation is not grounds for appeal. The limited grounds for appeal are as follows:

  • procedural error(s) that materially affected the outcome;
  • new information unavailable at the original proceeding, which shall be set forth in the appeal; or
  • the decision of the investigators and/or adjudicator was clearly erroneous based on the evidential record.

The Appeal Officer is the Vice President for Student Affairs. The alternate Appeal Officer is determined by the status of the respondent:

  • For students, the Appeals Officer is the Vice President for Student Affairs or, if the Vice President cannot serve, the Provost.
  • For faculty, the Appeals Officer will be the Vice President for Student Affairs or, if the Vice President cannot serve, the Director of Human Resources.
  • For staff, the Appeals Officer is the Vice President for Student Affairs or, if the Vice President of Student Affairs cannot serve, the Provost.
  • When the typical or alternate Appeal Officer is unable to serve, or is not otherwise designated in this policy, the Civil Rights Coordinator will select a trained individual to be the Appeal Officer with notice to the parties.

The Appeal Officer must be a neutral and impartial decision-maker. The parties will be informed, in writing, of the specific Appeals Officer. Within 1 calendar day of receiving the notice of the of the designated Appeals Officer, the complainant and the respondent may submit a written request to the Civil Rights Coordinator to replace the named Appeals Officer, if there are reasonable articulable grounds to establish bias, conflict of interest, or an inability to be fair and impartial. The designated Appeals Officer will only be replaced if the Civil Rights Coordinator determines that their bias precludes impartiality or constitutes conflict. Additionally, an Appeals Officer who has reason to believe they cannot make an objective determination must recuse themselves.

A complainant or respondent must submit a written appeal to the Civil Rights Coordinator within 5 business days of receipt of the Notice of Outcome. The written appeal must include the specific basis for the appeal and any information or argument in support of the appeal.

Upon receipt of the appeal, the Civil Rights Coordinator will provide the other party notice of the appeal and the opportunity to respond in writing to the appeal. Any response to the appeal must be submitted within 3 business days from the other party’s receipt of the appeal.

The Appeals Officer will make a decision regarding the written appeal and, within 10 business days of receipt of all appeal documents, notify the complainant and the respondent of the outcome. The Appeal Officer may:

  • Affirm the finding(s);
  • Alter the finding(s);
  • Alter the sanctions; or
  • Request that additional steps be taken

Appeal decisions are final. In compliance with FERPA, access to all initial and final investigative reports will be removed once the appeals process has been completed.

All appeal deadlines may be extended for good cause by the Civil Rights Coordinator. Any extension will be communicated to the both parties.