HCAP

5.10 Appeal

5.10.1. Time for Filing a Request for an Appeal

To appeal any Hearing Panel decision, a request for appeal must be filed with the President or their designee's office by the Complainant or Respondent within five business days after the date the Affirmative Action Officer delivers the Hearing Panel's decision to the appropriate individuals.

5.10.2. Appeals

The Complainant and Respondent may request an appeal of the Hearing Panel's findings and/or sanctions. Requests for appeal will be granted only for the following reasons:

  • There was a denial of the elements of a fair hearing.
  • There was insufficient evidence to establish responsibility for the alleged harassment.
  • The sanctions imposed can be shown to be arbitrary or capricious.
  • There is new information to present that was not available at the time of the hearing, and that may have a bearing on the Hearing Panel's decision or sanctions.

Requests for appeal in Title IX Sexual Harassment matters will be granted only for reasons found in HCAP 4.7.1.5 Title IX Sexual Harassment Appeals.

The request for appeal must state the reason(s) the appeal should be accepted and provide specific details or an explanation to support each reason. Any request for an appeal will be denied that fails to explain why one of these four reasons justifies the appeal.

The recording of the original hearing is for the sole use of the University, though it may be used by either party during an appeal. Any use by a party is limited to listening to the tape recording. The tape recording may not be removed from the Xavier campus, and it may only be reproduced by the University for University purposes.

Within seven business days after the request for appeal is filed, the President or designee will determine whether the request will be accepted or denied. Within three business days of making the determination, the President or designee will notify the Complainant, Respondent, Affirmative Action Officer, and the Hearing Panel Chair of their decision to accept or deny the request for appeal. If the request for appeal is denied then the decision of and any sanction imposed by the Hearing Panel shall be final and binding.

If a request for appeal is granted, both the Complainant and Respondent will have the opportunity to submit written statements to the President or designee, within a reasonable time to be determined by the President or designee. The review will be confined to these written arguments and the evidence that was presented to the Hearing Panel, except for requests that are granted because new information is available that was not available at the time of the hearing.

Requests for appeal that are granted, in whole or in part, because new information is available will be remanded by the President or designee to the original Hearing Panel for further proceedings. When the President or designee grants a request for appeal for any other reason, they shall have the power to affirm, reverse, or modify the decision and/or the sanction imposed, or to remand the matter to the original Hearing Panel.

Within ten business days after the time expires for receiving written arguments pursuant to section 5.10.2, the President or designee shall review the matter and either remand, affirm, reverse, or modify the decision and/or sanction. Within three business days the President shall provide written notice of their decision to the Affirmative Action Officer and the Hearing Panel Chair. The Affirmative Action Officer will notify the Complainant and Respondent of the President's decision within two business days of receiving the President's decision, including the information that all decisions by the President or designee regarding an appeal are final.

When the President or designee remands a matter to the original Hearing Panel, the President or designee shall provide to the Hearing Panel a copy of the written request for appeal and any written arguments submitted pursuant to section 5.10.2. In reviewing the matter, the Panel shall consider only the new evidence or issues upon which the request for appeal was granted. Within ten business days after the matter is remanded, the original Hearing Panel shall review the matter and either affirm, reverse, or modify its original decision and/or sanction. Within three business days the Hearing Panel Chair shall provide written notice of the Hearing Panel's decision to the Affirmative Action Office. Within two business days after receipt the Affirmative Action Office shall deliver the decision in writing to the Complainant, Respondent, and the President or designee, including the information that all decisions by the Hearing Panel upon remand will be reviewed by the President or designee. The President or designee may approve or modify the Hearing Panel's decision upon remand and that approval or modification will be final and binding. If the President modifies the Hearing Panel decision they will notify the Affirmative Action Officer within two business days of making that modification. The Affirmative Action Officer will notify in writing the Complainant, Respondent, and Hearing Panel members of the President's modification within two business days of receipt, with the information that the President's decisions are final and binding.