Issue link: http://howardcc.uberflip.com/i/858454
POLICIES 91 or other participants in the process. The adviser may not serve as a witness in the conduct proceeding. Disruptive advisers will be removed from the process at the discretion of the hearing Chairperson, and the process will continue. If the adviser does not appear at the hearing, after proper notice to the complainant or respondent, the hearing process will continue in the adviser's absence. • The preponderance-of-the-evidence (i.e., more likely than not) standard will be applied as the standard of review for determining findings of fact and used in any Title IX fact-finding and related proceedings, including any hearing. • Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct. • The appeal process will be equally available to both parties. • Either party has the right to appeal the outcome of the complaint if not satisfied with the result. The appeal must be filed in writing within seven business days of the outcome or resolution. Appeals involving a complaint of sexual misconduct made against a student should be filed with the vice president of academic affairs. Appeals involving a complaint of sexual misconduct made against an employee should be filed with the vice president of administration and finance. The appeal should state the reason(s) for the appellant's belief that the outcome is unsatisfactory and provide evidence to support those reasons. • Appeals will only be granted (1) when sanctions are substantially disproportionate to the offense, where mitigating factors warrant a reduced sanction or aggravating factors warrant a greater sanction; (2) if procedural errors or conduct of the investigation were so substantial as to effectively deny fundamental fairness; or (3) if new and significant evidence became available that could not have been discovered by a properly diligent party before or during the original investigation. If an appeal is granted based upon new and significant evidence, either party will have the opportunity to respond to the evidence. If one or more of the above criteria are met, the vice president will review the appeal and issue a written decision within 30 days after its receipt. The decision of the vice president is final. • The vice president will act on appeals based upon the report filed by the hearing committee chairperson, the student's written brief, and any written response or memorandum prepared by college officials. All written materials considered by the vice president will be subject to inspection, in accordance with the Family Educational Rights and Privacy Act. New evidentiary hearings will not be conducted in appeals. Any party participating in a proceeding may raise issues related to potential conflicts of interest of investigators or other individuals participating in the adjudication process by contacting the Title IX coordinator. As permitted by law, the college will notify the parties concurrently, in writing, about the outcome of the complaint and whether or not sexual misconduct was found to have occurred. The college will also concurrently inform