7. Loss of privileges or wages
8. Class or job reassignment
c. Student Appeal Process: Both the complainant and accused have the right to
appeal. An appeal must be made in writing to the Title IX Coordinator. The other
person will be notified if an appeal has been filed. The Title IX Coordinator will
assign members to the appellate panel.
The original decision may be appealed only due to:
1. Procedural Errors: The appellant alleges that there was a deviation or change
from the procedures outlined in the adjudication process which adversely
impacted the outcome of the complaint. If the appellate panel determines
that there was a procedural error which may have altered the outcome of the
case, the appeal will be investigated.
2. New Evidence: The appellant alleges that new evidence became available
which would have impacted the outcome of the complaint. The appellant
must (i) present the new evidence, (ii) explain why it was unavailable prior to
the original decision and (iii) prove that the new evidence may have altered
the outcome. The other person will be given an opportunity to address the
3. Severity of the Disciplinary Action: The appellant believes that the disciplinary
action issued was insufficient or excessive.
The appellate panel will make a recommendation to the Vice President
of Academic and Student Affairs who will then make the final decision and
impose sanctions, if any, within 21 calendar days.
The accused has an additional right to appeal, within one year, to the Vice
President of Academic and Student Affairs. The Vice President of Academic
and Student Affairs may grant a rehearing, order a new hearing, reduce
or modify the suspension or expulsion, grant other appropriate relief or
uphold the original decision. Upon conclusion of all appeal activities, a final
decision will be made within 21 days. If the appeal results in a the reversal
of the decision or a change to the sanction, the institution may reimburse
the student for any tuition and fees paid to the institution for the period of
suspension or expulsion which had not been previously refunded.
d. Records Retention/Reporting
1. Document Retention: After the decision has been issued, and after all appeals
have been exhausted, all materials created by or reviewed by the investigators
and/or the appellate panel will be retained by the Title IX Coordinator in
accordance with the NDUS Records Retention Schedule.
2. Internal Reporting: If the final decision involves suspension, expulsion or
termination, the resolution will become a permanent part of the accused
student or employee record.
3. No person involved can be required to sign a nondisclosure agreement or to
otherwise agree to a prohibition from truthfully discussing the case.
12. FALSE REPORTS: Knowingly making a false statement, presenting inaccurate information
or withholding evidence constitutes misconduct under LRSC Policy 800.30 (Student