Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases:
- The existence of a procedural irregularity that affected the outcome of the matter;
- Discovery of 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;
- The Title IX Coordinator, investigator, or decision-maker 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; or
- An appeal of the disciplinary sanctions from the initial determination.
For all appeals, the District shall:
- Notify the other party in writing when an appeal is filed;
- Simultaneously provide all parties a written copy of the District’s procedures governing the appeal process;
- Implement appeal procedures equally for both parties;
- Ensure that the decision-maker for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
- Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
- Issue a written decision describing the result of the appeal and the rationale for the result; and
- Provide the written decision simultaneously to both parties.
All appeals should be submitted to Superintendent, Dr. Charles McNulty via email at email@example.com.