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Appealing a Grievance Process Outcome

BOTH PARTIES HAVE THE EQUAL RIGHT TO APPEAL the findings and/or sanctions resulting from the Grievance Process. The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee. Allegations involving student-worker respondents or other respondents who hold dual classifications will be routed to the most appropriate appeal administrator depending on the individual context of the alleged misconduct, at the discretion of the EDEC.

Grounds for Appeal

Appeals may be requested by any party on the following grounds:

  • A procedural irregularity that affected the outcome of the matter;
  • 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; and/or
  • The Executive Director for Equity & Compliance, investigator(s), or hearing administrator(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.

In cases involving student respondents (only), both parties may also appeal on the grounds that the sanction or sanctions are disproportionate to the violation(s).

In cases involving unionized faculty respondents (only), both parties may appeal on any applicable grounds as described above.

In cases involving unionized staff respondents (only), both parties may also appeal on any applicable grounds as described in the applicable collective bargaining agreement.

Timeline for Requests & Responses

Both parties have the equal right to appeal the findings and/or sanctions resulting from the Grievance Process. Appeal requests must be submitted within 10 business days.

Following the conclusion of the appeal window, if a timely appeal request is received from any party, all other parties (complainants and respondents) are provided notice of and access to the appeal request(s) and any supporting documentation provided. Any non-appealing party then has 10 business days to respond in writing, if desired. Following the end of the appeal response window, any written responses received are shared with the appealing party, but no further response (i.e., “response to a response”) is permitted.

Appeal requests and responses must be submitted by 11:59 PM CST on the respective deadline date; requests and responses received thereafter will not be accepted or considered.

Appellate Review

Appeals are reviewed by one or more appeal administrators who are trained and qualified to serve in that role (i.e., free from any conflict of interest or bias; was/were not the original investigator, hearing administrator, or Title IX Coordinator). Appeal administrators may consult with the investigator, hearing administrator(s), sanctioning administrator(s), and/or Executive Director for Equity & Compliance at any time and for any reason, if needed.

An appeal administrator’s responsibility is strictly limited to determining if, based on the applicable appeal grounds, there is cause for the original decision to be modified, overturned, or remanded. Decisions by appeal administrators are deferential to the original decision, which may be modified or overturned only when there is clear error and a compelling justification. An appeal is not an opportunity for an appeal administrator to substitute their judgment for that of a hearing or sanctioning administrator merely because the appeal administrator disagrees with the finding(s) or sanction(s) assigned.

During the appeal process, any opportunity provided to either party to review or respond to appeal documents, meet with the appeal administrator, or otherwise participate in the process will be provided equally to the other party.

Notification of Appeal Outcome

Upon rendering an appeal decision, the appeal administrator notifies all parties simultaneously and in writing of the decision, and any sanction(s) are implemented as soon as feasible. In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the respondent to their prior status, recognizing that some lost opportunities may be irreparable in the short term.

Appeal Format Based on Respondent Classification

The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee.

When Respondent is a Student

In cases where the respondent is a student, an appealing party must submit a written request for appeal to the Executive Director for Equity & Compliance ("EDEC"), as directed in the written determination letter. The EDEC facilitates the exchange of appeal request(s) and responses, if applicable, and assigns the matter to one or more appeal administrators from among the pool of qualified Comprehensive Policy Administrators ("CPA").

When Respondent is a Non-Unionized Staff Employee

In cases where the respondent is a non-unionized staff employee, an appealing party must submit a written request for appeal to the Vice President for Human Resources, as directed in the written determination letter. The Vice President for Human Resources or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the Vice President for Human Resources either serves as the appeal administrator or assigns the matter to the Employee Complaint Appeals Committee, when applicable under the Employee Staff Handbook.

When Respondent is a Unionized Staff Employee

In cases where the respondent is a unionized staff employee, please consult the applicable collective bargaining agreement.

When Respondent is a Non-Unionized Faculty Employee

In cases where the respondent is a faculty employee, an appealing party must submit a written request for appeal to the University President, as directed in the written determination letter. The President or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the President (or a designee) reviews the appeal in accordance with the procedures set forth in the Faculty Handbook, as applicable.

When Respondent is a Unionized Faculty Employee

In cases where the respondent is a unionized faculty employee, an appealing party must submit a written request for appeal to the University President, as directed in the written determination letter. The President or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the President (or a designee) reviews the appeal in accordance with the procedures set forth in the Comprehensive Policy.