Appeals Following an Investigation
In cases where the respondent(s) accepted the findings of discrimination or harassment after the investigation, those findings cannot be appealed. Although the findings cannot be appealed, the sanctions that have been imposed post-investigation can be appealed by any party according to the grounds below by contacting the Title IX Compliance Coordinator within five (5) business days following receipt of the written Letter of Determination as previously defined.
Appeal Procedures
Any party who files an appeal must do so in writing to the Title IX Compliance Coordinator. Acceptable means of notification include email, facsimile, hand delivered notification, or postal delivery. The Title IX Compliance Coordinator will share the appeal with the other concerned parties, and then the Title IX Compliance Coordinator will draft a response memorandum (also shared with all concerned parties). The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party requesting an appeal must show error. The ONLY grounds for appeal are as follows:
- A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- New evidence has been found which was unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
- The sanctions imposed are substantially disproportionate to the severity of the violation.
If the Title IX Compliance Coordinator determines that a material procedural or substantive error occurred, the Coordinator may return the grievance to the Investigative Team with instructions to reconvene to correct the error. In rare cases, where the procedural or substantive error cannot be corrected by the Investigative Team, the Title IX Compliance Coordinator may order a new investigation on the complaint with new members serving on the Investigative Team. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the three applicable grounds for appeal.
If the Title IX Compliance Coordinator determines that new evidence should be considered, he or she will return the grievance to the Investigative Team to reconsider only the new evidence. The reconsideration of the Investigative Team is not appealable.
If the Title IX Compliance Coordinator determines that the sanctions imposed appear to be disproportionate to the severity of the violation, the Title IX Compliance Coordinator will refer the complaint to a board composed of three (3) executive officers, which may then increase, decrease or otherwise modify the sanctions.
This decision is final. The appeal procedure and determination will typically be completed within 20 business days.
The procedures governing the hearing of appeals include the following:
- Sanctions imposed are implemented immediately unless the party determining the sanction stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
- All parties should be informed in a timely manner of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
- The appeal will be returned to the original hearing body unless bias has been determined;
- Appeals are not intended to be full re-hearings of the complaint, with the exception of substantiated cases of bias. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
- The Title IX Compliance Coordinator will render a written decision on the appeal to all parties within seven (7) business days, or as soon as possible thereafter from hearing of the appeal.
Complaint and Grievance Process Provisions
Time Periods
All effort will be made to make a determination in no more than 60 calendar days of filing a formal complaint/grievance. For purposes of calculating all time periods set forth in this Complaint and Grievance Policy, a business day is defined to mean normal operating hours, Monday through Friday, excluding recognized national and state holidays and SAU Tech closings.
Timelines may be modified in cases where information is not clear, judged to be incomplete, relevant parties are not available for interview, and/or other related circumstances as may arise. In the event that this step is necessary, the Title IX Compliance Coordinator or his or her respective deputies will notify the complainant who filed the grievance in writing within the set timeline.
No Retaliation
Retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory employment or educational practice or policy is prohibited by SAU Tech policy and federal and state law. A person who believes retaliation has occurred should notify the Title IX Compliance Coordinator as soon as possible.
Office of Civil Rights Complaint
Although complainants are encouraged to attempt to resolve complaints pertaining to discrimination by utilizing this Grievance Procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR) (Dallas regional office, see page 48). Information regarding applicable timelines and procedures is available from OCR.
Effective Date
This Complaint and Grievance Policy will be effective upon formal adoption. SAU Tech reserves the right to make changes and amendments to this policy and procedure as needed, with appropriate notice to the community.