������Ƶ

These procedures apply to individual student misconduct, involving violations of the Student Code of Conduct, except for allegations related to Sexual Misconduct and Relationship Violence, which are outlined in Appendix III. Additionally, these procedures do not apply to misconduct involving Registered Student Organizations as such cases are governed by procedures outlined in Appendix II.

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A. Complaints of Student Misconduct

1. Any individual may report a complaint of student misconduct in writing to the Office of Student Conduct or by submitting an online report at��. All reports will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the student conduct process.
   
   
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint of misconduct has merit. If the complaint of misconduct is deemed credible, it will be assigned University policy violations and forwarded to an Incident Reviewer. The responding student will then be scheduled for an Incident Review meeting.

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B. Interim Actions

1. The Assistant Dean of Students and Director of Student Conduct, or designee may impose interim actions prior to, or during an Incident Review meeting or student conduct hearing board. Interim actions may be imposed under the following circumstances:
   1. To ensure the safety and well-being of members of the University community or to protect university property.
      
      
   2. To safeguard the physical or emotional safety and well-being of a student.
      
      
   3. To preserve the integrity of the investigative and/or student conduct process.
      
      
   4. If a student poses a threat of disruption or interference with the normal operations of the University; or
      
      
   5. In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, to be in the best interest of the University or its community.
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2. The Office of Student Conduct shall have the sole authority within its discretion to determine and implement interim actions. It may select any action it deems necessary from all the available actions that it finds appropriate based on the specific circumstances. When an interim action is imposed, the Office of Student Conduct will initiate the formal student conduct process as promptly as possible ensuring compliance with applicable due process requirements. Students who are placed on an interim suspension may request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any materials submitted by the student and will issue a written determination within five (5) business days after receipt of the materials. The determination will indicate whether the interim suspension is supported, modified, or revoked. Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension notification.

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For more information on Interim Actions please refer to Appendix V

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C. Notification of Student Misconduct and Incident Review Meeting

1. Students will be notified of their scheduled Incident Review meeting at least one (1) business day in advance via their University e-mail. The notification will include the Incident Review meeting procedures, date of alleged misconduct, the allegations of misconduct, and the scheduled date and time of the meeting with the Office of Student Conduct.

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D. Incident Review Meeting Procedures

Respondent students will:

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1. Be notified in writing via their university e-mail of the alleged misconduct and student conduct procedures at least one (1) business day prior to their scheduled Incident Review meeting.
   
   
2. Review any incident report(s) submitted to the Office of Student Conduct during the Incident Review meeting. At the conclusion of the meeting, respondent students may request a redacted copy of the reports. Such requests must be submitted in writing and emailed to��conduct@ut.edu.
   
   
3. Present information on their own behalf at the Incident Review meeting.
   
   
4. Have the opportunity to accept responsibility for the alleged misconduct. By accepting responsibility during the Incident Review meeting, respondent students waive procedural appeal rights.
   
   
5. Have the opportunity to deny responsibility and request a student conduct hearing board to determine whether a violation occurred. The appropriate student conduct hearing board will be determined by the Assistant Dean of Students and Director of Student Conduct or designee.
   
   
6. Be notified in writing via their university email of the outcome of the Incident Review meeting within ten (10) business days, unless additional time is needed to gather further information regarding the alleged misconduct.

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E. Incident Review Meeting

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1. The Incident Review meeting is a meeting with the Incident Reviewer and the respondent student. Witnesses, parents, attorneys, and University Support Persons are not permitted to attend this meeting.
   
   
2. During the Incident Review meeting the Incident Reviewer will explain the alleged misconduct to the respondent student.
   
   
3. The Incident Reviewer will interview the responding student about the alleged misconduct. Information shared during the Incident Review meeting may be used in further disciplinary meetings, including but not limited to student conduct hearing board meetings. During the Incident Review meeting the respondent student may accept or deny responsibility for the alleged misconduct.
   
   
4. If a respondent student admits responsibility, the Incident Reviewer will impose at a minimum a standard disciplinary sanction. At their discretion, the Incident Reviewer may also impose additional disciplinary sanctions as deemed appropriate. The imposition of sanctions may be delayed if additional information is needed. All sanctions are subject to approval by the Office of Student Conuduct. The Incident Reviewer also reserves the right to refer a case to a student conduct hearing board for adjudication, regardless of the respondent student’s admission of responsibility.
   
   
5. If a respondent student denies responsibility, the Incident Reviewer may either recommend the dismissal of the alleged violation or refer the adjudication of the violation to a student conduct hearing board. The Office of Student Conduct reserves the right to reinstate any dismissed violations if new information emerges that was not known to the Incident Reviewer or the Office of Student Conduct at the time of the initial Incident Review meeting.
   
   
6. If a respondent student fails to attend their scheduled Incident Review meeting, their case will be referred to the appropriate student conduct hearing board at the sole discretion of the Assistant Dean of Students and Director of Student Conduct or designee.

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F.�������� Student Conduct Hearing Board Meeting Procedures

Respondent students will:

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1. Be notified in writing via their university e-mail about the alleged misconduct and hearing procedures at least one (1) business day prior to the student conduct hearing board meeting.
   
   
2. Have an opportunity to review any incident report(s) submitted to the Office of Student Conduct during the student conduct hearing board.
   
   
3. Have an individual student conduct hearing board. In cases involving multiple respondents connected by the same incident or facts, individual hearings may be scheduled to run concurrently. This approach streamlines the process for efficiency and a prompt resolution particularly when witnesses have information relevant to multiple respondents. The Office of Student Conduct reserves sole discretion to determine when concurrent individual hearings occur.
   
   
4. Present information on their own behalf at a student conduct hearing board. This includes up to three (3) witnesses or written witness statements. All witnesses or witness statements must have direct knowledge of the incident under reviewed by the student conduct hearing board. Respondent students may also choose not to provide any information; however, the student conduct hearing board reserves the right to draw reasonable inference from a respondent student’s decision to answer questions or provide information.
   
   
5. Question individuals presented as witnesses who provide information to the student conduct hearing board. All questions must be directed to the Hearing Board Advisor, who will make the final decision regarding their relevance and appropriateness.
   
   
6. Request the removal of student conduct hearing board members based on bias or other conflict of interest. The Hearing Board Advisor will have the final determination regarding such requests.
   
   
7. Be assisted by one (1) University support person as defined above. Attorneys are not permitted to participate in the student conduct hearing board process.
   
   
8. Be notified in writing via their university e-mail of the determination of the student conduct hearing board within fifteen (15) business days after the conclusion of the student conduct hearing board.
   
   
9. Appeal the hearing board determination of responsibility of assigned violation(s) within two (2) business days from receiving written notification of the outcome to their university email.
   
   
10. Schedule a post-hearing meeting with the Office of Student Conduct to discuss the student conduct hearing board's determination.

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G. Student Conduct Hearing Board Meeting

1. At the sole discretion of the Assistant Dean of Students and Director of Student Conduct, or designee, the student conduct hearing board may be designated an Administrative Hearing Board or a Student Review Hearing Board.
   
   
2. Student conduct hearing boards are restricted to involved parties. Admission of any individual is at the sole discretion of the Hearing Board Advisor. Student conduct hearing boards must not be disrupted by any party. The Hearing Board Advisor has the right to remove any disruptive individual, including the respondent student. In such cases the student conduct hearing board will proceed in the absence of the removed party.
   
   
3. Student conduct hearing boards will have a minimum of three (3) voting members to establish a quorum. The Hearing Board Advisor is considered a non-voting member.
   
   
4. Student conduct hearing boards will have one official verbatim record, which is the sole property of the University of Tampa.
   
   
5. Student conduct hearing board members will review all relevant information submitted to the Office of Student Conduct, including materials submitted by the respondent student, and any applicable witnesses.
   
   
6. The Hearing Board Advisors, at their sole discretion, may postpone or suspend a student conduct hearing board to gather additional information.
   
   
7. Student conduct hearing board members, including the Hearing Board Advisor, may question parties providing information during the hearing.
   
   
8. Student conduct hearing boards reserve the right to proceed and make a determination of responsibility in the absence of the respondent student, reporting party, or any witnesses, if they fail to appear during a student conduct hearing board meeting.
   
   
9. Student conduct hearing board members are responsible for determining the respondent’s responsibility for the alleged misconduct, using the “preponderance of the evidence” standard.
   
   
10. All procedural questions or disputes during the student conduct hearing board are resolved by the Hearing Board Advisor, whose decision is final.
    
    
11. The Office of Student Conduct reserves the right to reinstate any dismissed violations if new information emerges that was not known to the student conduct hearing board or the Office of Student Conduct at the time of the student conduct hearing board

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H. Types of Student Conduct Hearing Boards

1. Student Review Hearing Boards��are comprised of at least three (3) full-time students with a minimum grade-point average of 2.8 and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or designee shall select and ensure that all board members are trained. The Student Review Hearing Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final determination on the appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.
   
   
2. Administrative Hearing Boards��are comprised of at least three (3) faculty and/or staff members at ������Ƶ and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or��designee shall select the board members and ensure that all board members are trained. The Administrative Hearing Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final determination on the appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.

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I.���������� Appeal of Student Conduct Hearing Board Determination

1. If the respondent student is determined responsible by a student conduct hearing board, they may submit an appeal of the determination of responsibility to the Office of Student Conduct within two (2) business days of receiving the notification of the determination of the student conduct hearing board to their university e-mail. Appeals are limited to a review of the verbatim record of the student conduct hearing board and supporting documents submitted with the appeal on one or most of the following grounds:
   
   
   1. Procedural Error- To determine whether the original student conduct hearing board was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.
      
      
   2. New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the hearing. The responding student must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the hearing.
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2. The Office of Student Conduct, in its sole discretion, will determine if the appeal meets the criteria for review. If the appeal is eligible for review, it will be referred to the appropriate appellate reviewer.
   
   
3. The appellate reviewer has the authority to render the following determinations based on its limited review:
   1. Affirm the determination of the original student conduct hearing board.
      
      
   2. Modify the determination of the original student conduct hearing board.
      
      
   3. Affirm the decision and modify imposed sanctions.
      
      
   4. Refer the case for a re-hearing by the original student conduct hearing board or a new student conduct hearing board.
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4. All appeal determinations are final. Students will be notified of the outcome of their appeal within ten (10) business days via their university e-mail.

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J. Disciplinary Sanctions

1. When a respondent student admits responsibility or is determined responsible for misconduct by a student conduct hearing board, the Office of Student Conduct will review and confirm assigned sanctions to ensure the appropriateness of the sanction(s) for the violation of misconduct. All sanctions are designed to be progressive, educational, and assigned based upon the severity of the respondent’s misconduct and prior student conduct history if applicable. Additional information regarding sanctioning can be found in Appendix V Interim Actions and Sanctioning.

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K.�������� End of Semester Incidents

1. Recognizing that incidents occur during or immediately prior to the closure of an academic semester, the Office of Student Conduct reserves the right, at its sole discretion, to proceed with student conduct cases during or after final exams have concluded. Alternatively, the Office of Student Conduct may elect to suspend the case until the beginning of the next semester in which the respondent student is enrolled. In such instances the following procedures may apply:
   
   
   1. Students may be required to participate in an Incident Review meeting or a student conduct hearing board meeting during finals exam week.
      
      
   2. Students who reside more than fifty (50) miles away from campus may be asked to participate in the conduct process remotely through video and/or audio conferencing.
      
      
   3. All graduating students who have been documented in an incident that occurred prior to the deadline for semester final grades must complete the student conduct process and all assigned sanctions to have their degree conferred.
      
      
   4. ������Ƶ reserves the right to withhold a respondent student’s degree if there is a pending student conduct case or incomplete sanction at the time of graduation.

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L. Holds and Incomplete University Sanctions

1. If a student fails to complete their sanction requirements, the following measures will be applied:
   1. A registration hold will be placed on the student’s account; and
      
      
   2. The student may be referred to the Office of Student Conduct for additional University policy violations.

These procedures apply to Registered Student Organization misconduct, including all violations of the Student Code of Conduct, except for sexual misconduct and relationship violence, which is addressed in Appendix III. This section does not cover the procedures used in individual student misconduct which are addressed in Appendix I.��

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A. Complaints of Registered Student Organization Misconduct

1. Any individual may submit a written complaint regarding a Registered Student Organization to the Office of Student Conduct or online at��.��Complaints may also be filed on behalf of the University by the Office of Student Conduct. All complaints will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who oversees the administration of the Registered Student Organization process.
   
   
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint has merit. If the complaint is found to have merit, a formal investigation will be initiated to determine if the misconduct has violated University policy.��

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B. Interim Actions

1. The Assistant Dean of Students and Director of Student Conduct, or designee, may impose interim actions prior to, or during a registered student organization investigation. Interim actions may be imposed under the following circumstances:
   
   
   1. To ensure the safety and well-being of members of the University community or to protect university property.
      
      
   2. To safeguard the physical or emotional safety and well-being of students.
      
      
   3. To preserve the integrity of the investigative and/or student conduct process.
      
      
   4. If a registered student organization poses a threat of disruption of or interference with the normal operations of the University; or
      
      
   5. In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, to be in the best interest of the University or its community.
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2. The Assistant Dean of Students and Director of Student Conduct, or designee, shall have the sole authority to determine and impose any interim action deemed appropriate based on the circumstances. Any such action may be selected from the full range of available interim actions. When an interim action is imposed, the Office of Student Conduct will initiate the formal registered student conduct process in accordance with due process requirements and in consideration of the specific circumstances involved.

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For more information on Interim Actions please refer to Appendix V.

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C. Notification of Investigation of Registered Student Organization Misconduct

1. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the responding Registered Student Organization of the alleged misconduct. A meeting will be scheduled with the Assistant Dean of Students and Director of Student Conduct, or designee, and the responding Registered Student Organization’s president or designated representative. The president or representative will be notified at least one (1) business day prior to the scheduled meeting. The notification will include the Registered Student Organization procedures, date of alleged misconduct, the allegations of misconduct, university investigator, and the scheduled date and time of the meeting with the Office of Student Conduct. The Assistant Dean of Students and Director of Student Conduct, or designee, will select the University investigator who will investigate the allegations of misconduct.
   
   
2. The responding Registered Student Organization’s president or representative is required to attend a meeting with Assistant Dean of Students and Director of Student Conduct, or designee, who is free of any conflict of interest or bias. The purpose of this meeting is to review the Registered Student Organization conduct process. During the meeting, the president or representative will be formally notified of the alleged misconduct. The Assistant Dean of Students and Director of Student Conduct, or designee, will appoint an investigator who will investigate the allegations of misconduct. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, the Assistant Dean of Students and Director of Student Conduct, or designee, will provide the Registered Student Organization with an update informing him/her of the reason for the delay.

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D.�������� Investigation of Registered Student Organization Misconduct

1. ��University will respond to all complaints of Registered Student Organization misconduct that are determined to have merit in a prompt, fair and impartial way, including through a thorough fact-finding investigation. The responding Registered Student Organization may choose not to provide information during the investigation. However, the Investigator(s) may draw reasonable inferences from the decision of any participant including the Registered Student Organization or its members not to provide information.

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E. Investigation Report

1. At the conclusion of the investigation, the Investigator(s) will prepare a written report. In conducting their analysis, the Investigator(s) will first assess whether a reasonable observer would associate the alleged misconduct with the Registered Student Organization. If so, the Investigator(s) will then determine, using the preponderance of the evidence standard, whether a violation of University policy occurred.

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F. Notification of Determination and Sanctioning of Registered Student Organization Misconduct

1. The Office of Student Conduct will, at a minimum, notify the president or designated representative of the responding Registered Student Organization, as well as the Office of Leadership and Engagement, and the Office of Fraternity and Sorority Life when applicable of the outcome of the investigation and any applicable sanctions. For more information regarding potential sanctions, please refer to Appendix V. If the investigative report does not support a finding of a policy violation, no sanctioning process will be initiated.

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G. Appeal of Determination

1. If the responding Registered Student Organization is found responsible for misconduct, the president or designated representative may submit a written appeal to the Office of Student Conduct within two (2) business days of receiving notice of the Investigator’s determination. Appeals are limited to a review of the Investigator’s report and any supporting documentation submitted with the appeal and must be based on one of the following grounds:
   
   
   1. Procedural Error- To determine whether the original investigation was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.
      
      
   2. New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the investigation The responding student organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the investigation.
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2. The Vice President for Student Affairs, or designee, will determine whether the appeal meets the criteria for review. Based on this limited review, the Vice President for Student Affairs, or designee, may take one of the following actions:
   
   
   1. Deny the appeal if it fails to meet established appeal criteria.
      
      
   2. Affirm the determination of the original Investigator(s).
      
      
   3. Accept the appeal and refer the matter for re-investigation by a new Investigator(s). The new Investigator(s) will be provided with all prior statements and interview materials by the Assistant Dean of Students and Director of Student Conduct, or designee, but will not receive the determination or findings from the original report.
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3. All appeal decisions are final. The president or designated representative of the Registered Student Organization and the Office of Student Leadership and Engagement will be notified of the appeal determination within ten (10) business days.��

The following procedures are utilized to adjudicate sexual misconduct and relationship violence complaints (as defined in Section XVIII. Sexual Misconduct and Relationship Violence) that do not fall under the University’s Title IX Sexual Harassment Policy and Grievance Procedures. For procedures related to other types of student misconduct, refer to Appendix I, and for procedures for alleged misconduct by registered student organizations, refer to Appendix II.��

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A. Complaints of Sexual Misconduct and Relationship Violence

1. Any individual ��may report a complaint of sexual misconduct and relationship violence in writing to the Office of Student Conduct or online at������All reports will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process.
   
   
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine whether the complaint has merit. If the complaint is found to have merit, a formal investigation will be initiated to determine if the misconduct has violated University policy.

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B. Interim Actions

1. The Assistant Dean of Students and Director of Student Conduct may impose interim actions prior to, or during a sexual misconduct and relationship violence investigation. Interim actions may be imposed under the following circumstances:
   
   
   1. To ensure the safety and well-being of members of the University community or to protect university property.
      
      
   2. To safeguard the physical or emotional safety and well-being of students.
      
      
   3. To preserve the integrity of the investigative and/or student conduct process.
      
      
   4. If a registered student organization poses a threat of disruption of or interference with the normal operations of the University; or
      
      
   5. In any other situation, where the Assistant Dean of Students and Director of Student Conduct, or designee determines, in its sole discretion, to be in the best interest of the University or its community.
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2. The Assistant Dean of Student and Director of Student Conduct, or designee, shall have the sole authority within its discretion to determine and implement interim actions. It may select any action it deems necessary from all the available actions that it finds appropriate based on the specific circumstances. When an interim action is imposed, the Office of Student Conduct will initiate the formal student conduct process as promptly as possible ensuring compliance with applicable due process requirements. Students who are placed on an interim suspension may request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any materials submitted by the student and will issue a written determination within five (5) business days after receipt of the materials. The determination will indicate whether the interim suspension is supported, modified, or revoked. Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension notification.

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For more information on Interim Actions please refer to Appendix V

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C. Notification of Sexual Misconduct and Relationship Violence Investigation

1. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the Complainant party of the alleged Sexual Misconduct and/or Relationship Violence policy violation. A meeting will be scheduled with the Complainant and the Assistant Dean of Students/ and Director of Student Conduct, or designee. The Complainant will receive notice of the meeting at least one (1) business day in advance and may bring an advisor. At the conclusion of the meeting, the Complainant may submit a written complaint detailing the alleged conduct.
   
   
2. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the Respondent of the alleged Sexual Misconduct and/or Relationship Violence policy violation. A meeting will be scheduled with the Respondent and the Assistant Dean of Students and Director of Student Conduct, or designee. The Respondent will be notified at least one (1) business day prior to the scheduled meeting and may bring an advisor. During this meeting, the Respondent will have the opportunity to review the written complaint (if submitted by the Complainant) and any other relevant information pertaining to the allegation.
   
   
3. The Assistant Dean of Students and Director of Student Conduct, or designee, will assign an Investigator(s) to conduct a prompt and thorough investigation of the allegations. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, the Assistant Dean of Students and Director of Student Conduct, or designee, will provide both the Complainant and Respondent with an update informing the Complainant and Respondent of the reason for the delay.

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D. Investigation of Sexual Misconduct and Relationship Violence

1. Investigations will consist of a thorough fact-finding process. Throughout the investigation, the Complainant and Respondent(s) may have an advisor present for all required meetings with Investigator(s).
   
   
2. University Investigator(s) will conduct interviews with individuals who may have relevant information regarding the alleged violation of the Sexual Misconduct and Relationship Violence policy. Following initial interviews with the Complainant and Respondent, each party will be given the opportunity to review a written summary of their own individual statements. Each party will have two (2) business days from receipt of their initial meeting summary to submit any comments or clarifications on their respective summaries. After this period, no edits to these statements will be permitted within the preliminary and final reports.

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E. Investigation Report

1. Investigator(s) will prepare a preliminary written report upon completing the initial fact-finding phase of the investigation. This report will include all information deemed relevant by the Investigator(s), including statements from relevant witnesses, but will not contain any summary of findings or conclusions. The Complainant(s) and Respondent(s) will be given the opportunity to review the preliminary report during a scheduled meeting with the Assistant Dean of Students and Director of Student Conduct, or designee. Each party will have two (2) business days following this meeting to submit comments, including additional questions for any parties previously interviewed.
   
   
2. After receiving comments from the Complainant and/or Respondent—or after the two (2) business day comment period has passed without submission—the Investigator(s) will, at their discretion, address any relevant questions submitted and correct any identified factual inaccuracies or misunderstandings. The Investigator(s) will then complete a final written report, which will include a determination as to whether a violation of the Sexual Misconduct and Relationship Violence policy occurred. This determination will be made using the preponderance of the evidence standard. The final report will be submitted to the Office of Student Conduct. The Complainant(s) and Respondent(s) will be scheduled for a follow-up meeting with the Assistant Dean of Students and Director of Student Conduct, or designee, to review the final report.

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F. Notification of Determination of Policy Violation and Sanctioning of Sexual Misconduct and Relationship Violence Violations

1. The Office of Student Conduct will notify the Complainant and Respondent(s) of the determination of the policy violations and sanctions (if applicable) simultaneously. In instances where the Respondent(s) are determined responsible for sexual misconduct and relationship violence, the University will initiate a sanctioning process in accordance with established procedures established in��Appendix V.

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G. Appeal of Determination of Policy Violation

1. Either party (Complainant or Respondent) may submit a written appeal to the Office of Student Conduct within two (2) business days of receiving notice of the Investigator’s determination. Appeals are limited to a review of the Investigator’s report and any supporting documentation submitted with the appeal and must be based on one of the following grounds:
   
   
   1. Procedural Error- To determine whether the original investigation was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.
      
      
   2. New Information- To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the investigation The responding student organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the investigation.
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2. The Vice President for Student Affairs or designee, in their sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. The Vice President for Student Affairs, or designee, has the authority to render the following determinations based on their limited review:
   
   
   1. Deny the appeal if it fails to meet established appeal grounds.��
      
      
   2. Affirm the determination of the original Investigator(s).
      
      
   3. Accept the appeal and refer the matter for re-investigation by a new Investigator(s). The new Investigator(s) will be provided with all prior statements and interview materials by the Assistant Dean of Students and Director of Student Conduct, or designee, but will not receive the determination or findings from the original report.
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3. All appeal determinations are final. Complainant and Respondent students will be notified of the outcome of their appeal within ten (10) business days via their university e-mail.