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Policies

Sex Discrimination Appeal Procedures

The following procedures apply to appeals of dismissals of Sex Discrimination Complaints and Determinations regarding Sex-Based Harassment. Key terms in these procedures are defined herein and in the Sex Discrimination Policy and Sex-Based Harassment Grievance Procedures.

1. Submitting an Appeal

 
Either Party may appeal (i) the Title IX coordinator’s dismissal of a Complaint (or any of its allegations) of Sex Discrimination; or (ii) a Determination made pursuant to the Sex-Based Harassment Grievance Procedures.

The appealing Party must submit a written appeal to the Title IX office within ten (10) business days of receiving the notice of dismissal/Determination. The written appeal is limited to five (5) pages, exclusive of exhibits, and must identify at least one of the following grounds that the appealing Party believes would change the outcome:

  • A procedural irregularity. 
  • New evidence that was not reasonably available at the time the dismissal/Determination was made. The appeal must identify the new evidence and include an explanation as to both why the evidence was unavailable at the time the dismissal/Determination was made and its potential impact on the outcome. 
  • That the Title IX coordinator or Investigator had a conflict of interest, a bias for or against Complainants or Respondents generally, or a preexisting bias against a Party. 

The Title IX coordinator will send a copy of the written appeal to the designated appeal reviewer (Reviewer) (see Section 2) and will provide the Reviewer with access to the Record, if one exists. The Reviewer will promptly determine if the appealing Party has asserted one of the three permissible bases for appeal listed above. If no permissible basis for appeal is asserted, the Reviewer will dismiss the appeal after providing proper written notice to the appealing Party.

2. Appeal Reviewer

 
Neither the Title IX coordinator nor the Investigator in a matter may serve as the Reviewer of the same matter. The Reviewer is designated based on the status of the Respondent who is the subject of the Determination, as follows:

  • Student (including a student employee): dean of students (or his or her designee). 
  • Faculty member: academic vice president (or his or her designee). However, if the sanction imposed by the Investigator is for the involuntary termination of a faculty member with continuing faculty status (CFS) or in a CFS-track position, the university president will be the Reviewer and will make the decision. 
  • Administrative or staff employee: employee’s line vice president (or his or her designee). 
  • Other individual (neither a student nor an employee): Banning Committee or, where the sanction does not include a ban of the Respondent, the vice president who oversees the area within BYU–Hawaii’s Education Program or Activity in which the Complainant was participating or attempting to participate when the alleged harassment occurred, or an individual designated by that vice president. 

The Title IX coordinator will send the Determination, written appeal, and any written opposition to the Reviewer for review.

3. Review Process

 
If the Reviewer determines that a proper basis for appeal has been asserted, the Title IX coordinator will send a copy of the written appeal to the other Party, who may file a written opposition to the appeal with Title IX office within ten (10) business days. The opposition is limited to five (5) pages, exclusive of exhibits. The Title IX coordinator will promptly send a copy of the opposition to the appealing Party for reference, as no further opposition or statements will be accepted.

Except for the appeal of a decision terminating the employment of a CFS or CFS-track faculty member, the Reviewer will not interview the Parties or consider any information outside the Record and the written appeal and opposition of the Parties.

An appeal is not a reconsideration of the case but is limited to consideration of the acceptable bases for appeal.

4. Final Appeal Decision

 
Within fifteen (15) business days of receiving the appeal, the Reviewer will simultaneously provide the Parties and the Title IX coordinator with a written appeal decision (Appeal Decision) upholding, reversing, or amending all or part of the original Determination and providing the Reviewer’s rationale for the result. If the Reviewer cannot reasonably consider and resolve the appeal within fifteen (15) business days, the Reviewer will advise the Parties as to when the Appeal Decision will be provided. The Reviewer’s Appeal Decision is final, and no further review will be allowed.

Last Update: 09/1/2024