SECTION CONTENTS 400.00 Appeals Procedures 410.00 Membership of the Appeals Committee 420.00 Responsibilities of the Appeals Committee or Hearing Officer 430.00 Decision of the Appeals Committee or Hearing Officer 440.00 Responsibilities of the President
The Appeal must be based on evidence that:
- The investigation was not conducted in compliance with the procedures and the non-compliance materially affected the outcome of the investigation;
- The findings were not based on the preponderance of the credible evidence; or
- The appellant has discovered new evidence, not previously available, which would have materially affected the outcome of the investigation.
The appellant must submit a written statement of appeal setting forth with particularity the basis for appeal. If non-compliance with the procedures is the basis for appeal, the appellant shall identify those sections of the policy or procedures that form the basis of the appeal. If discovery of new evidence is the basis for appeal, the appellant must provide the evidence discovered and the reasons why such evidence was not previously available.
Upon receipt of an appeal, the non-appealing party will be provided a copy of the appeal and may respond to the appeal.
Upon receipt of an appeal, the President shall appoint an Appeals Committee or a Hearing Officer to consider the appeal and submit a report. The Appeals Committee or Hearing Officer shall accept the appeal only if it meets the criteria set forth above.
The Appeals Committee is appointed on a case-by-case basis. It shall be composed of no fewer than three (3) voting members including:
- A Chair of the committee and/or a Hearings Officer appointed to act as Chair; and
- At least one representative from the employment categories of the respondent and complainant (faculty, contract professional, classified).
No member of the Committee shall be a member of the original complainant's or respondent’s department or work unit. Every effort shall be made to balance the Committee’s representation by gender and to include members of protected classes as may be appropriate given the nature of the underlying complaint.
The President shall select members for the Appeals Committee after consultation with Faculty Senate, Professional Council and Staff Senate. The President will appoint the Chair of the Appeals Committee who may be the Hearings Officer.
The President shall inform the appellant and complainant of the appointment of the Hearing Officer or Appeals Committee within ten (10) business days of the appointment.
The Appeals Committee or Hearings Officer shall review the written appeal of the appellant and determine whether there are sufficient grounds for appeal. If the appeal is sufficient, the Committee or Hearings Officer shall:
- Read and review the Report of Findings;
- Examine the evidence and documentation obtained through the investigation and hearing;
- Determine if the appellant’s basis for appeal has been established and issue a decision.
Within twenty (20) business days of the appointment of the Appeals Committee or Hearing Officer, the Appeals Committee or Hearings Officer shall submit a written decision to the President with copies to the appellant, the other non-appealing party (if any), and the HR|AA Director.
Upon receipt of the decision, the President may:
- Adopt it as the final decision of the University; or
- Modify the findings and/or
- Remand for further proceedings.
The President shall send a copy of his/her decision to the appellant, the other party (if any) and the HR|AA Director within ten (10) business days of receipt of the decision.
If the final decision of the university concludes that the respondent engaged in prohibited conduct, the President shall forward a copy of the appeal decision to the respondent's supervisor or other university official who shall then take appropriate disciplinary and/or remedial action. The respondent may appeal the disciplinary action through the applicable employee grievance process.
If the final decision of the university concludes that the respondent did not engage in prohibited conduct, the President shall close the case, and no further action shall be taken by the University.