Appeals Process

1. The Equity Resolution Appellate Officer is an administrator appointed by the Chancellor to serve as the University’s Equity Resolution Appellate Officer. The Equity Resolution Appellate Officer will be the individual who reviews all appeals.

2. Requirements for appeal:

1. The request is timely, and
2. The appeal is on the basis of any of the three articulated grounds:
   
   1. A procedural error occurred that significantly impacted the outcome of the Informal or Formal Resolution (e.g. substantiated bias, material deviation from established procedures, etc.)
   2. To consider new evidence, unavailable during the original hearing, Informal or Formal Resolution or Investigation, that could substantially impact the finding or sanction
   3. The sanctions fall outside the range typically imposed for this offense, or for the cumulative conduct record of the Accused
3. When viewed in the light most favorable to the appealing party, the appeal states grounds that could result in an adjusted finding or sanction.

3. The Equity Resolution Appellate Officer will render a decision applying the following principles:

1. Decisions by the Equity Resolution Appellate Officer are to be deferential to the original decision, making changes to the finding only where there is clear error and to the sanction/remedial action only if there is a compelling justification to do so.
2. Appeals are not intended to be full re-hearings of the complaint. In most cases, appeals are confined to a review of the written documentation or record of the Formal Resolution or Informal Resolution, and pertinent documentation regarding the grounds for appeal. Appeals granted based on new evidence should normally be remanded to the original Equity Resolution Hearing Panel or Appropriate Administrative Officer for reconsideration.
3. Sanctions imposed are implemented immediately unless the Equity Resolution Hearing Panel or Appellate Officer or designee stays their implementation pending the outcome of the appeal.
4. The Equity Resolution Appellate Officer will normally render a written decision on the appeal to all parties within 7 business days from accepting the request for appeal.
5. All parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision.
6. Once an appeal is decided, the outcome is final: further appeals are not permitted.