Grievance Process Appeals
BOTH PARTIES HAVE THE EQUAL RIGHT TO APPEAL the findings and/or sanctions resulting from the Grievance Process. The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee. Allegations involving student-worker respondents or other respondents who hold dual classifications will be routed to the most appropriate appeal administrator depending on the individual context of the alleged misconduct, at the discretion of the EDEC.
Grounds for Appeal
Appeals may be requested by any party on the following grounds:
- A procedural irregularity that affected the outcome of the matter;
- 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; and/or
- The Executive Director for Equity & Compliance, investigator(s), or hearing administrator(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.
In cases involving student respondents (only), both parties may also appeal on the grounds that the sanction or sanctions are disproportionate to the violation(s).
In cases involving unionized faculty respondents (only), both parties may appeal on any applicable grounds as described above.
In cases involving unionized staff respondents (only), both parties may also appeal on any applicable grounds as described in the applicable collective bargaining agreement.
Appeal Format Based on Respondent Classification
The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee.
BOTH PARTIES HAVE THE EQUAL RIGHT TO APPEAL the findings and/or sanctions resulting from the Grievance Process. The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee. Allegations involving student-worker respondents or other respondents who hold dual classifications will be routed to the most appropriate appeal administrator depending on the individual context of the alleged misconduct, at the discretion of the EDEC.
Grounds for Appeal
Appeals may be requested by any party on the following grounds:
- A procedural irregularity that affected the outcome of the matter;
- 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; and/or
- The Executive Director for Equity & Compliance, investigator(s), or hearing administrator(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.
In cases involving student respondents (only), both parties may also appeal on the grounds that the sanction or sanctions are disproportionate to the violation(s).
In cases involving unionized faculty respondents (only), both parties may appeal on any applicable grounds as described above.
In cases involving unionized staff respondents (only), both parties may also appeal on any applicable grounds as described in the applicable collective bargaining agreement.
Appeal Format Based on Respondent Classification
The procedures for requesting an appeal differ depending on whether the respondent is a student, faculty employee, or staff employee.
When Respondent is a Student
In cases where the respondent is a student, an appealing party must submit a written request for appeal to the Executive Director for Equity & Compliance ("EDEC"), as directed in the written determination letter. The EDEC facilitates the exchange of appeal request(s) and responses, if applicable, and assigns the matter to one or more appeal administrators from among the pool of qualified Comprehensive Policy Administrators ("CPA").
When Respondent is a Non-Unionized Staff Employee
In cases where the respondent is a non-unionized staff employee, an appealing party must submit a written request for appeal to the Vice President for Human Resources, as directed in the written determination letter. The Vice President for Human Resources or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the Vice President for Human Resources either serves as the appeal administrator or assigns the matter to the Employee Complaint Appeals Committee, when applicable under the Employee Staff Handbook.
When Respondent is a Unionized Staff Employee
In cases where the respondent is a unionized staff employee, please consult the applicable collective bargaining agreement.
When Respondent is a Non-Unionized Faculty Employee
In cases where the respondent is a faculty employee, an appealing party must submit a written request for appeal to the University President, as directed in the written determination letter. The President or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the President (or a designee) reviews the appeal in accordance with the procedures set forth in the Faculty Handbook, as applicable.
When Respondent is a Unionized Faculty Employee
In cases where the respondent is a unionized faculty employee, an appealing party must submit a written request for appeal to the University President, as directed in the written determination letter. The President or a designee facilitates the exchange of appeal request(s) and responses, if applicable, and the President (or a designee) reviews the appeal in accordance with the procedures set forth in the Comprehensive Policy.