Appeals

The Title IX and Sexual Misconduct Appeals Board will hear appeals regarding cases investigated under the Title IX and the Sexual Misconduct Policy. Both complainant and respondent will be afforded equal opportunity to submit appeals based on (1) a determination of outcome and/or (2) a dismissal of a formal complaint or any allegations in the complaint under the Title IX Investigation and Adjudication Process and Procedures. The Appeals Board is jointly appointed by the Vice President for Student Life and the Provost. It is comprised of faculty and staff members trained in both this policy and appeal process, and the issues related to sexual misconduct and gender-based violence. The Title IX and Sexual Misconduct Appeals Board Chair receives all requests for appeals and convenes a panel to review the case.

Appeals must be submitted in writing through the online appeal form by 5 p.m. on the fifth business day after the issuance of an appealable decision. If neither party requests a timely appeal, any Outcome imposed will take effect immediately at the end of the five (5) business day appeal timeline. Any exceptions to the timeline are made at the discretion of the Chair (or designee).

Appeal requests are subject to the procedures outlined below. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not re-hearings. The decision will be based solely on the investigation and hearing record, including the written appeal, the Investigative Report, and the Notice of Outcome and included rationale, and any Hearing materials.

Basis of Appeals

Only appeals based on the following grounds will be considered by the Title IX and Sexual Misconduct Appeal Board. Appeal requests that do not allege one of the following grounds will not be considered and will be summarily denied by the Appeal Board:

New Evidence

Discovery of new evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the original finding or outcome. Withholding information or declining to participate in the original investigation is not grounds for an appeal based on discovery of new evidence. If the appeal is based on substantial new evidence the request must outline the following:

• Source of new information and complete explanation of that information;
• Name(s) of who can present this information;
• Reason(s) why this information was not presented at the original investigation; and
• Reason(s) why this new evidence could affect the original finding our outcome.

Arbitrary and Capricious Outcomes

If the assigned outcomes are substantially disproportionate to the violation of this policy, considering any mitigating and aggravating factors, including but not limited to the disciplinary history of the party found responsible. Outcomes will be reduced or changed only if they are determined to be arbitrary or capricious.

Procedural Irregularity

If it is believed there was an irregularity in the Title IX Process and Procedures (outlined above) that impacted the original finding or outcome (e.g. material deviation from established procedures that could affect the outcome of the hearing, etc.), the appeal request must outline the following:

• Citation of specific procedural errors with appropriate reference;
• Reason(s) why procedural error was not mentioned in the original investigation; and
• Reason(s) why the procedural irregularity affected the original finding or outcome.

Conflict of Interest or Bias

If there was an actual conflict of interest or bias exhibited by the Investigators, Title IX Coordinator, or Hearing Officer for or against complainants or respondents generally or the individual complainant or respondent that affected the original finding or outcome. The appeal request must outline the follow:

• Citation of bias or actual conflict of interest exhibited by the Investigators, Title IX Coordinator, or Hearing Officer;
• Reason(s) why the bias or conflict of interest was not mentioned in the original investigation; and
• Reason(s) why the bias or actual conflict of interest affected the original finding or outcome.

Appeal Procedures

Once a request for an Appeal is submitted, written notice will be provided to the other party sharing the submission and the appeal procedures. Each party will be given the opportunity to submit a written response in support of or challenging the outcome, for consideration.

The panel is comprised of at least three board members with the following requirements to serve:

• There is no conflict of interest or bias;
• They were not involved in the initial investigation in any way including the hearing; and
• They have been properly trained on Elon’s Title IX and Sexual Misconduct Policy and investigative process, the unique nature of incidents involving interpersonal violence and sexual misconduct, and appropriate appeals procedures.

 Both parties will be provided names of potential panelists to address any potential conflicts of interest or bias. Potential panelists will also be provided the name of both students to address any potential conflicts of interest or bias, and panelists who feel they cannot make an objective determination must recuse themselves. Should any party object to any panelist, that party must raise all objections, in writing, to the convener immediately. Panelists will only be replaced if the convener concludes that they have a conflict of interest or bias that may preclude an impartial review of the appeal.

The Title IX and Sexual Misconduct Appeals Board has the authority to:

• Uphold the original decision;
• Uphold the original decision but change the outcome (i.e., adjust the sanction to be more or less severe);
• Remand the case to the original decisionmaker (the Hearing Officer for Title IX cases or the Title IX Coordinator for Sexual Misconduct cases); or
• Remand the case to the investigative team.

The decision of the Appeal Board is final and written notification of their decision (related to responsibility and Outcomes) will be sent to both parties along with a rationale for their decisions. The appeal process is typically completed within 30 calendar days. When the academic calendar or a complicated incident requires going beyond this timeline, both parties will be kept apprised of the process and next steps.