Following issuance of a written determination regarding a determination of responsibility or the College’s dismissal of a complaint or any included allegations within a complaint, the Complainant and/or Respondent, may file an appeal with the Title IX Coordinator via email: tvarlaro@prattmunson.edu. (Note that a non-community member does not have a right of appeal.)
A written appeal, based on one or more of the grounds listed below, must be made within five business days of the receipt of the written decision or notification of dismissal of a complaint. The written appeal must clearly and fully set forth the evidence to support each identified ground of appeal which the appealing Party is asserting. If no written notice of either Party’s intent to appeal is received by the Title IX Coordinator, then the written determination becomes final after the time period to file an appeal (five business days) has expired.
The grounds for appeal are limited to:
Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or
- New Evidence: New evidence or information has arisen that was not available or known to the Party during the investigation or hearing, that would change the outcome; or
- Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, Investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against Complainants or Respondents generally, or the individual complainant or respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not automatically demonstrated simply by working in complainants’ or respondents’ rights organizations. ‘
- Unreasonable Sanction: Any sanction imposed is disproportionate to the nature or severity of the violation(s) or otherwise inappropriate.
When an appeal is filed, the Title IX Coordinator will determine if the written appeal identifies one or more of the grounds for appeal. The Title IX Coordinator will not assess the merit of the appeal, but will review the documentation to confirm that grounds for an appeal have been asserted in the appeal. If a request for appeal is accepted, both Parties will be notified in writing that an appeal is filed. The non-appealing Party will be provided the opportunity to review the appeal and will be permitted three business days from the date of review of the appeal to submit a written statement in support of, or challenging, the appeal. Any Party’s decision not to submit a reply to an appeal is not evidence that the non-appealing Party agreed with the appeal.
The Institute will appoint an Appeals Officer(s), who may be a single Decision Maker or Panel of three, to review the appeal. In cases where the Respondent is a student of the College, the appeal will be before a three-member panel. No Appeal Officer shall have a conflict of interest or bias. Anyone who made the determination regarding responsibility (i.e., who served as the Decision Maker(s) at the hearing) or dismissal of a complaint, investigated the complaint, or who is a Title IX Coordinator will not serve as an Appeal Officer regarding that same complaint.
Within three business days of an Appeal Officer(s) being assigned, either Party may provide written objection to the Appeal Officer(s) on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another Appeal Officer. This process will repeat for any newly appointed Appeal Officers.
Appeals are not intended to be full re-hearings of the complaint and generally will be considered upon a review of the written documentation only, of the Parties and any pertinent documentation regarding the grounds for appeal. However, the designated person(s) reviewing the appeal may, as part of this appeal process, speak directly with the investigatory team, the initial Decision Maker(s), or otherwise directly seek additional information from the Parties or witnesses, if considered necessary. A preponderance of the evidence standard will be applied on appeal.
The Appeal Officer(s) will issue a written decision describing the result of the appeal and the rationale for the result. The decision of the Appeal Officer(s) will be communicated to both Parties, simultaneously and in writing. The appeal outcome will be final and binding.
