The external reviewer may conclude that there are no relevant issues of concern, and therefore, recommend that the hearing outcome and/or the sanctioning determination be affirmed. In the alternative, the external reviewer may identify issues of concern. If so, the external reviewer will provide, in writing, to the case manager, copying the Title IX Coordinator, one of the following recommended actions and any additional instructions or recommendations they deem appropriate under the circumstances:
- If there was a significant deviation from procedure that impacted the outcome of the case in a way that is fundamentally unfair, remand the matter to the Title IX
- Coordinator or the hearing officer, as appropriate, with corrective instructions from the external reviewer;
- If new information that was unavailable with reasonable diligence earlier in the proceedings would alter the hearing outcome, remand the matter to the hearing officer, to determine whether a new hearing is necessary and whether any modifications may need to be made to the hearing outcome; or
- If the external reviewer determines the sanctions to be clearly inappropriate or disproportionate, they will alter the sanctions or interventions accordingly. The external reviewer’s decision regarding sanctions is final. There will be no further opportunity for the parties to appeal the sanctions, except as set forth in the following paragraph of this Policy.
If a new hearing is deemed necessary following an appeal and results in a different determination, the Claimant or Respondent can appeal the new finding subject to the following grounds:
- A significant deviation from the procedures during the remanded hearing that impacted the outcome of the hearing in a way that is fundamentally unfair;
- There is new and relevant information that was unavailable, with reasonable diligence and effort, at any prior time during the process that would alter the remanded hearing outcome; and
- If the new and different outcome determination is a finding of responsibility, following the sanctioning process, the parties may appeal the sanction as clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible.
The external reviewer will strive to complete the appeal review within seven (7) calendar days of receipt of all documents.
The external reviewer will provide these determinations to the VPSL or their designee who may accept or modify the determinations made by the external reviewer within seventy-two (72) hours of receiving the external reviewer’s decision. If the VPSL or their designee does not complete the review within seventy-two (72) hours, the review will be waived and the external reviewer’s determination will be deemed final. The VPSL’s final and unreviewable decision will be made available to the participating parties, in writing, simultaneously, by OSCR.