University Student Handbook

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XXVI. Appeals

The University will offer all parties the opportunity to appeal under two situations:

  1. If there is a dismissal of a formal complaint on any allegations by the University; and
  2. A determination regarding responsibility after the live hearing.

Under either of the two appeal options listed above, these are the basis for appeal:

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence, that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
  3. The 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.

All parties wishing to appeal will have five (5) calendar days to submit a written explanation of their appeal after receiving the written notification regarding the determination of responsibility for the alleged prohibited behavior. The Title IX Coordinator must receive the appeal by 5:00 PM (CST) of the 5th day. When an appeal is received, the Title IX Coordinator will notify all parties that an appeal was received and provide notice of the appeal procedures. The appeal will be heard by an appellate decision-maker who did not serve as decision-maker during the live hearing. All parties will have the opportunity to submit a written statement in support of, or challenging the outcome, that will be considered by the decision-maker for the appeal process. All parties will be provided a written decision simultaneously that describes the result of the appeal and rationale for the result. An Appeal Outcome is final.

University of Jamestown may make changes to this policy on an as needed basis in order to ensure compliance with federal and/or state regulatory updates, changes, and/or modifications.

7/2018

7/2019

8/2020

8/2021