11. Appeals a. Within seven (7) calendar days, any party may appeal from a determination regarding responsibility, and from an institution’s dismissal of a formal complaint or any allegations therein, on the following bases: i. Procedural irregularity that affected the outcome of the matter; ii. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; iii. The Title IX Coordinator, investigator(s), or hearing officer(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and iv. Any additional basis offered by an institution. b. As to all appeals, the institution must: i. Immediately notify the other party in writing when an appeal is filed; ii. Ensure that the decision-maker for the appeal is not the same person as the hearing officer(s) or decisionmaker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator; iii. Ensure that the decision-maker(s) for the appeal complies with the standards set forth in Subsections e-i of Subsection 5; iv. Give all parties an equal opportunity to submit a written statement in support of, or challenging, the outcome within seven (7) calendar days of the outcome; v. Issue a written decision within ten (10) calendar days of receiving a written statement in support of, or challenging, the outcome describing the result of the appeal and the rationale for the result; and vi. Provide the written decision simultaneously to all parties. c. The review on appeal is limited to the record, except in appeals based on newly discovered evidence that could affect the outcome of the matter and that was not reasonably available at the time the determination regarding responsibility or dismissal was made. In such appeals, newly discovered evidence may be considered on appeal notwithstanding its absence from the record. 12. Provides Informal Resolution a. If a formal complaint of sexual harassment is filed, and at any time prior to reaching a determination regarding responsibility, an institution may offer the parties the option of informal resolution and may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the institution: i. Provides to the parties a written notice disclosing the allegations; setting forth the requirements of the informal resolution process, including the circumstances under which the process’s agreed upon resolution precludes the parties from resuming a formal complaint arising from the same allegations; and explaining that any statements made or documentation or information provided by a party during the informal resolution process shall not be used or relied upon in a subsequent complaint process or live hearing without the permission of the party who made the statement or provided the documentation or information; ii. Obtains the parties’ voluntary, informed written consent to the informal resolution process; and iii. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. 43
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