What is an Appeal Process? (2020)
If either the Respondent or the Complainant is dissatisfied with the resolution stated in the Outcome Letter or with some element of the process, either may appeal. An appeal must be made in writing, within ten (10) business days of the Outcome Letter. The appeal should clearly state the remedy sought. The written appeal must be delivered to the Title IX Coordinator, who will delegate review of the appeal as follows:
- If the person who appeals is a student of CCA, the Title IX Coordintor will assign the appeal request to an impartial staff member with no knowledge of the case, who shall review and make the decision on the appeal.
- If the person who appeals is a faculty member of CCA, the Provost shall review and make the decision on the appeal.
- If the person who appeals is a staff member of CCA, or any other person not identified above, the Senior Vice President for Finance and Administration shall review and make the decision on the appeal.
The final decision on the appeal will be issued in writing and a copy given to the appealing person. The final decision is binding on the appealing person, except for Arbitration in the next section.
Appeals should normally be completed within three College work weeks unless there is good reason to extend the time necessary to review the appeal. Either the Respondent or the Complainant may appeal from a determination regarding responsibility or from a dismissal of a formal complaint on the following bases:
- Is there 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?
- Were there procedural irregularities that affected the outcome of the investigation and decision for action that were detrimental to the Respondent or Complainant?
- Did the Title IX Coordinator, investigator(s), or decision-maker(s) have 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?
As to All Appeals, the College Will:
(A) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
(B) Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s) or the Title IX Coordinator/Deputy Title IX Coordinator;
(C) Ensure that the decision-maker(s) for the appeal do not have a conflict of interest or bias for or against the Complainant or the Respondent, and has adequate training;
(D) Allow both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
(E) Issue a written decision describing the result of the appeal and the rationale for the result, and
(F) Provide a copy of the written determination simultaneously to both parties.
Continue to Arbitration Process.