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7. Loss of privileges or wages

8. Class or job reassignment

9. Termination

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

new evidence.

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