The appeal review will be conducted by an external reviewer. The external reviewer will be a neutral party outside of the University. The external reviewer will be chosen by OGC in consultation with VPSL. The external reviewer will receive annual training regarding the University’s policies and procedures, the handling of student sexual misconduct cases, and other relevant issues.
The external reviewer must be impartial and free from bias or conflict of interest. If the external reviewer has concerns that he or she cannot conduct a fair or unbiased review, the external reviewer may report those concerns to the Title IX Coordinator and a different external reviewer will be assigned to the appeal. Similarly, a Claimant or a Respondent who has concerns that the assigned external reviewer cannot conduct a fair and unbiased review, may report those concerns to the Title IX Coordinator who will assess the circumstances and determine whether a different external reviewer should be assigned to the appeal.
The external reviewer will review the matter based on the issues identified in the appeal(s) materials. The external reviewer may, at any time, freely consult with or request additional information from the Title IX Coordinator, OGC, and other University administrators as necessary. The external reviewer has the authority to determine the appropriateness of evidence, including whether certain evidence should be considered, and the strength and value that evidence will be given. In deciding an appeal of the finding or the sanction, the external reviewer may consider the investigation report, the hearing transcript, the notice of hearing outcome, and any written appeal by the parties outlining any basis for altering the hearing outcome and/or sanctions, the sanctioning determination, and any sanctioning input statements. The external reviewer also may consider any other materials the University deems relevant and that have been shared with the parties.