NOTE: The information contained in this section of the handbook is only applicable for those participating in the Sexual Misconduct Accountability Process. For cases not alleging Sexual Misconduct, see the “Accountability Process” section within this Handbook.

Appealing a Sexual Misconduct Case Review

Responding Parties and Reporting Parties have the right to submit a written appeal of the recommendation rendered at a Sexual Misconduct Case Review within four days of receiving the recommendation rendered at the Sexual Misconduct Case Review. Responding Parties and/or Reporting Parties must directly submit their written appeal.

Either party may submit an appeal of the recommendation made at a Sexual Misconduct Case Review on grounds of alleged violation(s) of procedural standards and/or on grounds of new evidence. Appeals on grounds of alleged violation(s) of procedural standards must outline how the university failed to adhere to its responsibilities and/or follow the stated process for the adjudication of the allegation(s) and how that affected the recommendation. Appeals on grounds of new evidence must introduce evidence that was not available or accessible during the Sexual Misconduct Formal Complaint and Investigation Process or only relevant to refute information relevant to the recommendation of whether or not the Responding Party is responsible for violating policy shared for the first time during the Sexual Misconduct Case Review. The Associate Dean of Students or designee will evaluate the submitted appeal and determine if a Sexual Misconduct Appeal Review will be granted; appeals that do not meet these grounds will be denied. Typically, this evaluation by the Associate Dean of Students or designee takes place within ten days of the deadline for submission of a written appeal. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

If an appeal is submitted by the Responding Party and/or Reporting Party and neither party is granted a Sexual Misconduct Appeal Review by the Associate Dean of Students or designee, the Dean of Students or designee will conduct a final review of all recommendations, rationales, and materials relevant to the case and render the final decision in the case. In such circumstances, the Dean of Students or designee’s review typically takes place within ten days of the determination that a Sexual Misconduct Appeal Review will not take place. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

If a Sexual Misconduct Appeal Review is granted and the Appeal Board makes a recommendation of whether or not the Responding Party is responsible for violating policy and, if applicable, recommends sanctions, the Dean of Students or designee conducts a final review and renders the final decision in the case. Typically, this takes place within ten days of the Sexual Misconduct Appeal Review. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

In this final review and decision, for any findings for any violation of policy(s) and sanction(s) included in the Board’s recommendation the Dean of Students or designee may:

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and uphold the recommended sanctions.

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and increase or decrease the severity of the sanctions.

  • Reverse a recommendation of finding the Responding Party responsible for violating policy, instead finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Uphold a recommendation of finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Reverse a recommendation of finding the Responding Party not responsible for violating policy, instead finding the Responding Party responsible for violating policy and assigning sanctions.

  • Order the case to be reheard at a new Sexual Misconduct Case Review. If the Dean of Students or designee determines the case should be reheard at a new Sexual Misconduct Case Review, the new recommendations of responsibility and/or sanctions from the rehearing may be less severe, the same, or more severe than those recommended at the original Sexual Misconduct Case Review.

  • Order a new Sexual Misconduct Appeal Review to be conducted in the case. If the Dean of Students or designee determines the case should be reheard at an Appeal Review, the ability of the Board to recommend sanctions more or less severe than those recommended at the Sexual Misconduct Case Review is determined by the party who was granted an appeal as outlined in the Appeal Process.

After the final review by the Dean of Students or designee, OSARP will concurrently notify the Responding Party and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision and sanctions rendered. This will include the Dean of Student or designee’s rationale for each finding on policy J34-100 Sexual Misconduct, including any sanctions rendered. 

If a Sexual Misconduct Appeal Review is granted and the Appeal Board orders a new Sexual Misconduct Case Review be conducted for the case, the Dean of Students or designee will not conduct a final review and render the final decision in the case until the new Sexual Misconduct Case Review takes place and the appeal process for the new Sexual Misconduct Case Review is either complete or the appeal deadline for the new Sexual Misconduct Case Review has passed.

OSARP reserves the right to redact information from the appeal to be used by the Appeal Board that is prohibited by the Sexual Misconduct Accountability Process, is not relevant to the arguments granted by the Associate Dean of Students or designee, or that violates the rights of either party. The party that submitted the appeal may challenge these redactions to the Director of OSARP or designee within two days of their receipt of the granted appeal to be used by the Appeal Board.

If the Associate Dean of Students or designee grants a Sexual Misconduct Appeal Review, the other party is provided four days to submit a response to the appeal after all challenges to redactions have been resolved or the deadline to challenge redactions has passed. If there are alleged policy violations other than J34-100 Sexual Misconduct in a case and a Responding Party does not contest the recommended finding on policy J34-100 Sexual Misconduct in their submitted appeal and a Sexual Misconduct Appeal Review is granted, the Reporting Party will not be given the opportunity to provide a written response to the appeal. 

OSARP reserves the right to redact information from the response submitted that is prohibited by the Sexual Misconduct Accountability Process, is not relevant to the arguments granted by the Associate Dean of Students or designee, or that violates the rights of either party. The party that submitted the response may challenge these redactions to the Director of OSARP or designee within two days of their receipt of the submitted response to be used by the Appeal Board Members.

If a Sexual Misconduct Appeal Review is granted by the Associate Dean of Students or designee as stated in the Sexual Misconduct Accountability Process, OSARP typically schedules the Sexual Misconduct Appeal Review to occur within twenty days of notifying the parties in a case that a Sexual Misconduct Appeal Review has been granted. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline. OSARP will concurrently notify the Responding Party and Reporting Party of the outcome of the Appeal Review including, if applicable, the Appeal Board’s rationale for each finding on policy J34-100 Sexual Misconduct, including any sanctions rendered. 

The Sexual Misconduct Appeal Review will be conducted by a Board of three voting faculty or staff members of the Accountability Board. One of the faculty or staff members, in addition to being a voting member, will also serve as the Board Chair. If any member of the Accountability Board feels that their previous contact with the case or the parties involved will prevent them from rendering a fair decision, the Board Member must request that they not be assigned to the Sexual Misconduct Appeal Review. Responding Parties and Reporting Parties will be informed of the Board Members assigned to the Sexual Misconduct Appeal Review. Upon receiving notification of the assigned Appeal Board Members, a Responding Party or Reporting Party may request that a Board Member be replaced if the student can show a bias on the part of the Board Member. In order to make such a request, a Responding Party or Reporting Party must contact the Director of OSARP or designee immediately, setting forth their reasons in writing. The Director of OSARP or designee will review all requests. Any decision to remove a Board Member and/or to postpone a Sexual Misconduct Appeal Review is at the discretion of the Director of OSARP or designee.

Responding Parties and Reporting Parties may request that reasonable safety measures be put in place during the Sexual Misconduct Appeal Review including but not limited to partitions, teleconferencing, or police presence. Requests for safety measures will be coordinated by the Advisor.

Appeal Boards will review the Case File, a recording of the Sexual Misconduct Case Review, the portions of the appeal granted by the Associate Dean of Students or designee, any responses submitted to the portions of the appeal granted, and, when applicable, the information provided by those in attendance at the Sexual Misconduct Appeal Review. 

The determinations and recommendations rendered at a Sexual Misconduct Appeal Review are determined by a majority vote of the Appeal Board Members. Additionally, the phrase “through the Board Chair” used throughout the Appeal Board procedures refers to the Appeal Board Chair confirming or denying a Reporting Party, Responding Party, Reporting Party Witness, or Responding Party Witness’ ability to respond to a question; this confirmation or denial may be verbal or non-verbal. During the Sexual Misconduct Appeal Review the Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Sexual Misconduct Accountability Process, or bears no relevancy to the granted appeal. The Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Sexual Misconduct Accountability Process, or bears no relevancy to the granted appeal. 

In cases where both the Reporting Party and Responding Party are granted a Sexual Misconduct Appeal Review, there will be one Sexual Misconduct Appeal Review to render recommendations considering the arguments raised in both appeals. When both parties are granted an appeal on alleged violation(s) of procedural standards, the Appeal Board will review the appeal submissions in the order they were received by OSARP.

If an appeal is granted by the Associate Dean of Students or designee based on alleged violation(s) of procedural standards, either in its entirety or with appropriate redactions, for one or both parties, the Sexual Misconduct Appeal Review will follow the procedures listed in “Procedures – Sexual Misconduct Appeal Review: Alleged Violation(s) of Procedural Standards.” Neither the Reporting Party nor the Responding Party may participate or attend a Sexual Misconduct Appeal Review granted on the grounds of alleged violation(s) of procedural standards. OSARP reserves the right to alter the procedures as necessary to allow for a fair adjudication of the case.

If an appeal is granted by the Associate Dean of Students or designee based on new evidence, either in its entirety or with appropriate redactions, for one or both parties, the Sexual Misconduct Appeal Review will follow the procedures listed in “Procedures – Sexual Misconduct Appeal Review: New Evidence.” The party or parties granted an appeal on the grounds of new evidence may choose to present the evidence to the Appeal Board in person; the other party or parties may choose to present their response to the new evidence to the Appeal Board in person. OSARP reserves the right to alter the procedures as necessary to allow for a fair adjudication of the case.

If an appeal is granted by the Associate Dean of Students or designee based on both grounds of an alleged violation of procedural standards and new evidence, either in its entirety or with appropriate redactions, to one or both parties, one Sexual Misconduct Appeal Review will be held and follow the procedures listed in “Procedures – Sexual Misconduct Appeal Review: New Evidence and Alleged Violation(s) of Procedural Standards.” The party or parties granted an appeal on the grounds of new evidence may choose to present the evidence to the Appeal Board in person; the other party or parties may choose to present their response to the new evidence to the Appeal Board in person. Neither party will present their argument or response regarding alleged violation(s) of procedural standards. OSARP reserves the right to alter the procedures as necessary to allow for a fair adjudication of the case.

Procedures – Sexual Misconduct Appeal Review: Alleged Violation(s) of Procedural Standards

Responding Parties and Reporting Parties are not present for and do not participate in Sexual Misconduct Appeal Reviews granted based on alleged violation(s) of procedural standards. Character information will be withheld from the Appeal Board in appeals granted based on alleged violation(s) of procedural standards except when such information is relevant to the argument that the Appeal Board is evaluating.  If both parties were granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then each appeal submission and its response will be reviewed separately using the following procedures. When both parties are granted an appeal on alleged violation(s) of procedural standards, the Appeal Board will review the appeal submissions in the order they were received by OSARP.

  1. For the first, or only, granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural standards occurred by considering the arguments made in the granted appeal and any response submitted.

    • If the Appeal Board determines that no violation(s) of procedural standards occurred, the recommendation rendered at the Sexual Misconduct Case Review will stand.

    • If the other party in the case was also granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 3.

  2. If the Appeal Board determines that a violation(s) of procedural standards occurred, the Board will then determine if the violation(s) of procedural standards can reasonably be said to have materially affected the interests of the first, or only, party granted the Sexual Misconduct Appeal Review.  

    • If the Appeal Board determines that the violation of procedural standards cannot reasonably be said to have materially affected the interests of the first party granted the Sexual Misconduct Appeal Review on the basis of the procedural standard(s) that was violated, the recommendation rendered at the Sexual Misconduct Case Review will stand.  

      • If the other party in the case was also granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 3.

    • If the Appeal Board determines that the violation of procedural standards can reasonably be said to have materially affected the interests of the first party granted the appeal on the basis of the procedural standard(s) that was violated, the Appeal Board will order that a new Sexual Misconduct Case Review be conducted to render a recommendation for the case.  

      • If a new Sexual Misconduct Case Review is ordered after review of the first granted appeal in a Sexual Misconduct Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since the case will be re-heard.

  3. For the second granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural standards occurred by considering the arguments made in the granted appeal and any response submitted.

    • If the Appeal Board determines that no violation(s) of procedural standards occurred, the recommendation rendered at the Sexual Misconduct Case Review will stand.

  4. If the Appeal Board determines that a violation(s) of procedural standards occurred, the Board will then determine if the violation(s) of procedural standards can reasonably be said to have materially affected the interests of the second party granted the Sexual Misconduct Appeal Review.

    • If the Appeal Board determines that the violation of procedural standards cannot reasonably be said to have materially affected the interests of the second party granted the Sexual Misconduct Appeal Review on the basis of the procedural standard(s) that was violated, the recommendation rendered at the Sexual Misconduct Case Review will stand.

    • If the Appeal Board determines that the violation of procedural standards can reasonably be said to have materially affected the interests of the second party granted the appeal on the basis of the procedural standard(s) that was violated, the Appeal Board will order that a new Sexual Misconduct Case Review be conducted to render a recommendation for the case.

Procedures – Sexual Misconduct Appeal Review: New Evidence

If the Responding Party and/or Reporting Party are enrolled in classes at JMU, the Sexual Misconduct Appeal Review will be scheduled around their academic schedules to ensure they are able to participate. If the Responding Party and/or Reporting Party are not enrolled in classes at JMU, their availability will be considered, and reasonable efforts will be made to ensure they are able to participate. The availability or academic schedule(s) of support persons or witnesses called by either party will not be considered in scheduling the Sexual Misconduct Appeal Review.

Responding Parties and Reporting Parties have a right to be accompanied at the Sexual Misconduct Appeal Review by a Support Person of their choice provided that person is willing and able to attend the scheduled Sexual Misconduct Appeal Review. A Support Person attending a Sexual Misconduct Appeal Review may not communicate for or speak on behalf of a party but may give advice on how to present their case.

If a Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to appear at a Sexual Misconduct Appeal Review after being properly notified of its date and time, the Sexual Misconduct Appeal Review will proceed; the Appeal Board’s evaluation of the arguments raised in the appeal will be rendered on the basis of the Case File, the granted appeal(s), any responses, and the information provided by those in attendance at the Sexual Misconduct Appeal Review. The decision to postpone a Sexual Misconduct Appeal Review to accommodate a necessary or extreme circumstance is at the discretion of the Director of OSARP or designee and will be communicated to each party.

Sexual Misconduct Appeal Reviews granted on the grounds of new evidence will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No participant may make their own recordings of the Sexual Misconduct Appeal Review. A Sexual Misconduct Appeal Review will proceed in accordance with the procedures below. However, Board Members may ask additional questions at any time.  If only the Responding Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below.  If only the Reporting Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 2-5 will be eliminated in the procedures below.  If both parties were granted a Sexual Misconduct Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using the entirety of following procedures.  Character information will be withheld from the Appeal Board unless the Responding Party is determined to be responsible for an alleged violation(s); at that time, it will be revealed in accordance with the procedures provided. Additionally, the phrase “through the Board Chair” used throughout the following procedures refers to the Appeal Board Chair confirming or denying a participant’s ability to respond to a question; this confirmation or denial may be verbal or non-verbal.

  1. The Board Members and participants are introduced.

  2. Information is presented by the Responding Party solely about the new evidence presented in their appeal. 

    • The Board Members may ask questions about the new evidence presented in the Responding Party’s appeal. 

    • The Reporting Party, through the Board Chair, may question the Responding Party about the new evidence presented in the Responding Party’s appeal.

  3. If applicable, the Responding Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on the new evidence presented in the Responding Party’s appeal and be questioned by the Responding Party. Witnesses may only provide information relevant to the new evidence presented in the Responding Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be.   

    • The Board Members may ask questions. 

    • The Reporting Party, through the Board Chair, may question the witness about the new evidence presented in the Responding Party’s appeal.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  4. Information is presented by the Reporting Party solely about their response to the new evidence presented by the Responding Party’s appeal.

    • The Board Members may question the Reporting Party about their response to the new evidence presented by the Responding Party’s appeal. 

    • The Responding Party, through the Board Chair, may ask questions about the Reporting Party’s response to the new evidence.

  5. If applicable, the Reporting Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on their response to the new evidence presented by the Responding Party’s appeal and be questioned by the Reporting Party. Witnesses may only provide information relevant to the new evidence presented by the Responding Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be.

    • The Responding Party, through the Board Chair, may question each witness about their response to the new evidence.

    • The Board Members may ask questions. 

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  6. Information is presented by the Reporting Party solely about the new evidence presented in their appeal. 

    • The Board Members may ask questions about the new evidence presented in the Reporting Party’s appeal. 

    • The Responding Party, through the Board Chair, may question the Reporting Party about the new evidence presented in the Reporting Party’s appeal.

  7. If applicable, the Reporting Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on the new evidence presented in the Reporting Party’s appeal and be questioned by the Reporting Party. Witnesses may only provide information relevant to the new evidence presented in the Reporting Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. 

    • The Board Members may ask questions. 

    • The Responding Party, through the Board Chair, may question the witness about the new evidence presented in the Reporting Party’s appeal.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification. 

  8. Information is presented by the Responding Party solely about their response to the new evidence presented by the Reporting Party’s appeal.

    • The Board Members may question the Responding Party about their response to the new evidence presented by the Reporting Party’s appeal. 

    • The Reporting Party, through the Board Chair, may ask questions about the Responding Party’s response to the new evidence.

  9. If applicable, the Responding Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on their response to the new evidence presented by the Reporting Party’s appeal and be questioned by the Responding Party. Witnesses may only provide information relevant to the new evidence presented by the Reporting Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be.

    • The Reporting Party, through the Board Chair, may question each witness about their response to the new evidence.

    • The Board Members may ask questions. 

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  10. The Board Members may ask final questions of the Responding Party and/or Reporting Party.

  11. The Responding Party, Reporting Party, and Support Persons will leave; the Appeal Board will enter closed deliberation.

  12. The Appeal Board will vote to determine if the new evidence and any response(s) presented by both parties as a part of the appeal is significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence.

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented by both parties, is not significant enough to alter the recommendation made at the Sexual Misconduct Case Review, the recommendation rendered at the Sexual Misconduct Case Review will stand.

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the recommendation made at the Sexual Misconduct Case Review, the Appeal Board will render their recommendations of whether or not the Responding Party is responsible for violating policy and proceed to step 13.A or 13.B.

  13. A. If the Appeal Board recommends finding the Responding Party not responsible for violating all policies, they will not review any of the withheld character information nor assign any sanctions.  The Appeal Board will proceed to Step 15.

    • B. If the Appeal Board recommends finding the Responding Party responsible for violating policy, they will be provided with the withheld information regarding the character of the Responding Party. Further, if the Appeal Board recommends finding the Responding Party responsible for violating policy J34-100 Sexual Misconduct, they will also be provided with the withheld information regarding the character of the Reporting Party. Upon the completion of this review, they will proceed to step 14.

  14. Upon completion of the review of character information, the Appeal Board will render their recommended sanctions for the case. If only a Responding Party was granted a Sexual Misconduct Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Sexual Misconduct Case Review.

  15. The Appeal Board’s recommendation will be given to the Dean of Students or designee for review.

Procedures – Sexual Misconduct Appeal Review: New Evidence and Alleged Violation(s) of Procedural Standards 

The portions of the appeal(s) granted on alleged violation(s) procedural standards will be considered first.  Responding Parties and Reporting Parties are not present for and do not participate in the portions of the Sexual Misconduct Appeal Review granted based on alleged violation(s) of procedural standards. Character information will be withheld from the Appeal Board in appeals granted based on alleged violation(s) of procedural standards except when such information is relevant to the argument that the Appeal Board is evaluating.  If both parties were granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then each appeal submission and its response will be reviewed separately using the following procedures. When both parties are granted an appeal on alleged violation(s) of procedural standards, the Appeal Board will review the appeal submissions in the order they were received by OSARP.

To ensure the ability for both the Responding Party and Reporting Party to participate in the new evidence portion of the Sexual Misconduct Appeal Review, if applicable, the case will be scheduled around academic schedules and availability as outlined. If the Responding Party and/or Reporting Party are enrolled in classes at JMU, the Sexual Misconduct Appeal Review will be scheduled around their academic schedules to ensure they are able to participate. If the Responding Party and/or Reporting Party are not enrolled in classes at JMU, their availability will be considered, and reasonable efforts will be made to ensure they are able to participate. The availability or academic schedule(s) of support persons or witnesses called by either party will not be considered in scheduling the Sexual Misconduct Appeal Review.

Responding Parties and Reporting Parties have a right to be accompanied at the Sexual Misconduct Appeal Review by a Support Person of their choice provided that person is willing and able to attend the scheduled Sexual Misconduct Appeal Review. A Support Person attending a Sexual Misconduct Appeal Review may not communicate for or speak on behalf of a party but may give advice on how to present their case.

If a Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to appear at a Sexual Misconduct Appeal Review after being properly notified of its date and time, the Sexual Misconduct Appeal Review will proceed; the Appeal Board’s evaluation of the arguments raised in the appeal will be rendered on the basis of the Case File, the granted appeal(s), any responses, and the information provided by those in attendance at the Sexual Misconduct Appeal Review. The decision to postpone a Sexual Misconduct Appeal Review to accommodate a necessary or extreme circumstance is at the discretion of the Director of OSARP or designee and will be communicated to each party.

When an appeal is granted to either or both parties on both the grounds of new evidence and alleged violation(s) of procedural standards, the portions of the Sexual Misconduct Appeal Review related to the arguments relevant to new evidence will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No participant may make their own recordings of the Sexual Misconduct Appeal Review. 

A Sexual Misconduct Appeal Review will proceed in accordance with the procedures below. If only the Responding Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 10-13 will be eliminated in the procedures below.  If only the Reporting Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below.  If both parties were granted a Sexual Misconduct Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using all of Steps 6-13 to review the New Evidence submitted. For the New Evidence section, character information will be withheld from the Appeal Board unless the Responding Party is determined to be responsible for an alleged violation(s). If a finding of responsibility is rendered, character information will be revealed in accordance with the procedures provided.

Responding Parties and Reporting Parties are not present for and do not participate in the part of the Sexual Misconduct Appeal Review granted based on alleged violation(s) of procedural standards. Character information will be withheld from the Appeal Board in appeals granted based on alleged violation(s) of procedural standards except when such information is relevant to the argument that the Appeal Board is evaluating.  If both parties were granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then each appeal submission and its response will be reviewed separately using the procedures provided. When both parties are granted an appeal on alleged violation(s) of procedural standards, the Appeal Board will review the appeal submissions in the order they were received by OSARP.

A Sexual Misconduct Appeal Review granted to either or both parties on both grounds of new evidence and alleged violation(s) of procedural standards will proceed in accordance with the procedures below. However, Board Members may ask additional questions at any time. Additionally, the phrase “through the Board Chair” used during the new evidence review portion of these procedures refers to the Appeal Board Chair confirming or denying a student’s ability to respond to a question; this confirmation or denial may be verbal or non-verbal.

  1. The Board Members and participants are introduced.

  2. For the first, or only, granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural standards occurred by considering the arguments made in the granted appeal and any response submitted.

    • If the Appeal Board determines that a violation(s) of procedural standards occurred, then the Appeal Board will proceed to Step 3.

    • If the Appeal Board determines that no violation(s) of procedural standards occurred, and the other party in the case was also granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 4.

    • If the Appeal Board determines that no violation(s) of procedural standards occurred, and the other party in the case was not granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 6.

  3. Based on their determination that a violation(s) of procedural standards occurred, the Appeal Board will then determine if the violation(s) of procedural standards can reasonably be said to have materially affected the interests of the first, or only, party granted the Sexual Misconduct Appeal Review.   

    • If the Appeal Board determines that the violation of procedural standards cannot reasonably be said to have materially affected the interests of the first party granted the Sexual Misconduct Appeal Review on the basis of the procedural standard(s) that was violated, the Appeal Board will proceed in one of the following ways:

      • If the other party in the case was also granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 4.

      • If the other party in the case was not granted a Sexual Misconduct Appeal Review based on alleged violation(s) of procedural standards, then the Appeal Board will proceed to Step 6.

    • If the Appeal Board determines that the violation of procedural standards can reasonably be said to have materially affected the interests of the first party granted the appeal on the basis of the procedural standard(s) that was violated, the Appeal Board will order that a new Sexual Misconduct Case Review be conducted to render a recommendation for the case.   

      • If a new Sexual Misconduct Case Review is ordered after review of the first granted appeal in a Sexual Misconduct Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since the case will be re-heard. In addition, the Appeal Board will not review any submissions on New Evidence since the case will be re-heard. Any new evidence that was granted on appeal and any response(s) to it will be added the Case File to be used in the new Sexual Misconduct Case Review.  The Responding Party, Reporting Party, Responding Party Witnesses, Reporting Party Witnesses, and Support Persons will leave and wait to be notified about the new Sexual Misconduct Case Review.

  4. For the second granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural standards occurred by considering the arguments made in the granted appeal and any response submitted.

    • If the Appeal Board determines that a violation(s) of procedural standards occurred, then the Appeal Board will proceed to Step 5.

    • If the Appeal Board determines that no violation(s) of procedural standards occurred, then the Appeal Board will proceed to Step 6.

  5. If the Appeal Board determines that a violation(s) of procedural standards occurred, the Board will then determine if the violation(s) of procedural standards can reasonably be said to have materially affected the interests of the second party granted the Sexual Misconduct Appeal Review.   

    • If the Appeal Board determines that the violation of procedural standards cannot reasonably be said to have materially affected the interests of the second party granted the Sexual Misconduct Appeal Review on the basis of the procedural standard(s) that was violated, then the Appeal Board will proceed to Step 6.

    • If the Appeal Board determines that the violation of procedural standards can reasonably be said to have materially affected the interests of the second party granted the appeal on the basis of the procedural standard(s) that was violated, the Appeal Board will order that a new Sexual Misconduct Case Review be conducted to render a recommendation for the case.

      • If a new Sexual Misconduct Case Review is ordered after review of the second granted appeal in a Sexual Misconduct Appeal Review, the Appeal Board will not review any submissions on New Evidence since the case will be re-heard.  Any new evidence that was granted on appeal and any response(s) to it will be added the Case File to be used in the new Sexual Misconduct Case Review.  The Responding Party, Reporting Party, Responding Party Witnesses, Reporting Party Witnesses, and Support Persons will leave and wait to be notified about the new Sexual Misconduct Case Review.

  6. Information is presented by the Responding Party solely about the new evidence presented in their appeal. 

    • The Board Members may ask questions about the new evidence presented in the Responding Party’s appeal. 

    • The Reporting Party, through the Board Chair, may question the Responding Party about the new evidence presented in the Responding Party’s appeal.

  7. If applicable, the Responding Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on the new evidence presented in the Responding Party’s appeal and be questioned by the Responding Party. Witnesses may only provide information relevant to the new evidence presented in the Responding Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. 

    • The Board Members may ask questions. 

    • The Reporting Party, through the Board Chair, may question the witness about the new evidence presented in the Responding Party’s appeal.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  8. Information is presented by the Reporting Party solely about their response to the new evidence presented by the Responding Party’s appeal.

    • The Board Members may question the Reporting Party about their response to the new evidence presented by the Responding Party’s appeal. 

    • The Responding Party, through the Board Chair, may ask questions about the Reporting Party’s response to the new evidence.

  9. If applicable, the Reporting Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on their response to the new evidence presented by the Responding Party’s appeal and be questioned by the Reporting Party. Witnesses may only provide information relevant to the new evidence presented by the Responding Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be.

    • The Responding Party, through the Board Chair, may question each witness about their response to the new evidence.

    • The Board Members may ask questions. 

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  10. Information is presented by the Reporting Party solely about the new evidence presented in their appeal. 

    • The Board Members may ask questions about the new evidence presented in the Reporting Party’s appeal. 

    • The Responding Party, through the Board Chair, may question the Reporting Party about the new evidence presented in the Reporting Party’s appeal.

  11. If applicable, the Reporting Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on the new evidence presented in the Reporting Party’s appeal and be questioned by the Reporting Party. Witnesses may only provide information relevant to the new evidence presented in the Reporting Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. 

    • The Board Members may ask questions. 

    • The Responding Party, through the Board Chair, may question the witness about the new evidence presented in the Reporting Party’s appeal. 

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification. 

  12. Information is presented by the Responding Party solely about their response to the new evidence presented by the Reporting Party’s appeal.

    • The Board Members may question the Responding Party about their response to the new evidence presented by the Reporting Party’s appeal. 

    • The Reporting Party, through the Board Chair, may ask questions about the Responding Party’s response to the new evidence.

  13. If applicable, the Responding Party will call their witnesses individually. 

    • Each witness called will individually share a verbal statement on their response to the new evidence presented by the Reporting Party’s appeal and be questioned by the Responding Party. Witnesses may only provide information relevant to the new evidence presented by the Reporting Party’s appeal; witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be.

    • The Reporting Party, through the Board Chair, may question each witness about their response to the new evidence.

    • The Board Members may ask questions. 

    • At the conclusion of the statement and questions for each witness, the witness will leave.

    • The Appeal Board may request witnesses to return for further clarification.

  14. The Board Members may ask final questions of the Responding Party and/or Reporting Party.

  15. The Responding Party, Reporting Party, and Support Persons will leave; the Appeal Board will enter closed deliberation and complete steps 16-19, as applicable.

  16. The Appeal Board will vote to determine if the new evidence and any response(s) presented by both parties as a part of the appeal are significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence.

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented by both parties, is not significant enough to alter the recommendation made at the Sexual Misconduct Case Review, the recommendation rendered at the Sexual Misconduct Case Review will stand.

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the recommendation made at the Sexual Misconduct Case Review, the Appeal Board will render their recommendations of whether or not the Responding Party is responsible for violating policy and proceed to step 17.A. or 17.B.

  17. A. If the Appeal Board recommends finding the Responding Party not responsible for violating all policies, they will not review any of the withheld character information nor assign any sanctions. The Appeal Board will proceed to Step 19.

    • B. If the Appeal Board recommends finding the Responding Party responsible for violating policy, they will be provided with the withheld information regarding the character of the Responding Party. Further, if the Appeal Board recommends finding the Responding Party responsible for violating policy J34-100 Sexual Misconduct, they will also be provided with the withheld information regarding the character of the Reporting Party. Upon the completion of this review, they will proceed to step 18.

  18. Upon completion of the review of character information, the Appeal Board will render their recommended sanctions for the case. If only a Responding Party was granted a Sexual Misconduct Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Sexual Misconduct Case Review.

  19. The Appeal Board’s recommendation will be given to the Dean of Students or designee for review.


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