Resolution Procedures and Remedies
Augustana will act on any formal or informal grievance or notice of violation of the policy on Equal Opportunity, Harassment and Nondiscrimination, that is received by a Title IX Coordinator, deputy/deputies, a member of the Equity Grievance Panel or a member of the administration.
The procedures described below will apply to all grievances involving students, staff or faculty members. Redress and requests for responsive actions for grievances brought involving non-members of the Augustana community are also covered by these procedures.
1. Equity Grievance Panel (hereafter referred to as EGP)
Members of the EGP are announced in an annual distribution of this policy to campus, prospective students, their parents and prospective employees. The list of members and a description of the panel can be found at www.augie.edu/titleix. Members of the EGP are trained in all aspects of the grievance process, and can serve in any of the following roles, at the direction of the Title IX Coordinator:
To provide sensitive intake and initial counseling of grievances
To serve in a mediation role [restorative justice] in conflict resolution
To investigate grievances
To act as advisors/advocates to those involved in grievances
To serve on hearing panels for grievances
To serve on appeal panels for grievances
EGP members also recommend proactive policies, and serve in an educative role for the community. The President, in consultation with the Title IX Coordinator, appoints the panel, which reports to the Title IX Coordinator. EGP members receive annual training organized by the Title IX Coordinator, including a review of Augustana policies and procedures, so that they are able to provide accurate information to members of the community. All EGP members are required to attend an annual training.
Membership on the Equity Grievance Panel (EGP) will include:
4 Deputy Title IX Coordinators – one representative from each of the following divisions/units:
Student Affairs (Assistant Dean of Students)
Academic Affairs (Faculty Member)
Intercollegiate Athletics (Assistant Athletic Director)
Human Resources (Employee Health Educator).
Note: Deputy Coordinators serve as conveners for grievance panel hearings.
A pool of at least 12 Augustana personnel – representing the following divisions/units will serve on the EGP:
Academic Affairs- Faculty members)
Other (Business Office, Advancement/Development, Admissions, Financial Aid, Facilities/Grounds/Central Services)
Appointments to serve on the EGP will be made with attention to representation of groups protected by the harassment and non-discrimination policy. Individuals who are interested in serving on the EGP are encouraged to contact the Title IX Coordinator.
2. Filing a grievance
Any member of the community, guest or visitor who believes that the policy on Equal Opportunity, Harassment and Nondiscrimination has been violated should contact a Title IX Coordinator or Title IX Investigator. It is also possible for employees to notify a supervisor, or for students to notify an administrative advisor or faculty member with whom the complainant feels comfortable, or any member of the community may contact Campus Safety. These individuals will in turn notify the Title IX Coordinator. An online report form at www.augie.edu/titleix is also available to initiate a grievance.
All employees receiving reports of a potential violation of Augustana policy are expected to promptly contact the Title IX Coordinator, within 24 hours of becoming aware of a report or incident. All initial contacts will be treated with the maximum possible privacy: specific information on any grievances received by any party will be reported to the Title IX Coordinator, but, subject to Augustana’s obligation to redress violations, every effort will be made to maintain the privacy of those initiating a report of a grievance. In all cases, Augustana will give consideration to the party bringing a grievance with respect to how the grievance is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution when an alleged victim chooses not to initiate or participate in a formal grievance.
3. Grievance Intake
Following receipt of notice or a grievance, the Title IX Coordinator will promptly assign an EGP member to work as an advisor to the person who reported the grievance. Normally, within two business days, an initial determination by the appointed Investigator and Title IX Coordinator is made whether an Equal Opportunity policy violation may have occurred and/or whether conflict resolution might be appropriate. If the grievance does not appear to allege an Equal Opportunity policy violation then the grievance does not proceed to investigation but is forwarded to the appropriate office for further review.
Augustana will initiate at least one of three responses:
Offering supportive measures because the Complainant does not want to proceed formally; and/or
An informal resolution; and/or
A Formal Grievance Process including an investigation and a hearing.
A full investigation will necessarily be pursued if there is evidence of a pattern of misconduct or a perceived threat of further harm to the community or any of its members. Augustana aims to complete all investigations within a 60 business day time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties.
If a party bringing a grievance wishes to pursue a formal grievance or if Augustana, based on the alleged policy violation, wishes to pursue a formal grievance, then the appointed Investigator, normally the Director of Campus Safety who oversees the safety and security of the campus, will conduct the investigation. Investigation of grievances brought directly by those alleging harm should be completed expeditiously, normally within 10 business days of notice to the Title IX Coordinator. Investigation may take longer when initial grievances fail to provide direct first-hand information. Augustana’s investigation may undertake a short delay (several days to several weeks) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. Augustana action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced, and nothing in this Policy requires Augustana to suspend the investigation or final resolution of a grievance based on the pendency of a criminal investigation or criminal charges. All investigations will be thorough, reliable and impartial, and will entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, if necessary.
5. Supportive Measures
Recipient will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Augustana’s education program or activity, including measures designed to protect the safety of all parties or Augustana’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, Augustana will inform the Complainant, in writing, that they may file a formal complaint with Augustana either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
Augustana will maintain the privacy of the supportive measures, provided that privacy does not impair Augustana’s ability to provide the supportive measures. Augustana will act to ensure as minimal an academic impact on the parties as possible. Augustana will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to: referral to counseling, the Campus Clinic (on-campus health services) or to the Employee Assistance Program; education to the community; altering campus housing assignments; altering work arrangements for employees or student-employees; providing campus escorts; implementing contact limitations (no contact orders) between the parties; offering adjustments to academic deadlines, course schedules, timely warnings, etc.
Augustana can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Title IX Investigator and the Behavioral Intervention Team using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the Respondent will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or modified. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested (in a timely manner), objections to the emergency removal will be deemed waived. There is no appeal process for emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator. The Respondent will be given access to a written summary of the basis for the emergency removal prior to this meeting to allow for adequate preparation.
6. Right to an Advisor
The parties may each have an Advisor of their choice present with them for all meetings and interviews within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.
Choosing an Advisor who is also a witness in the process creates a potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing panel members and/or Deputy Coordinator.
Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose an Advisor from inside or outside of the Augustana community.
The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the Equity Grievance Panel - those members will be trained by Augustana and familiar with the resolution process.
Parties have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.
Advisors in Hearings & Augustana-Appointed Advisors
Under U.S. Department of Education regulations applicable to Title IX, cross-examination is required during the hearing, but must be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine each other or any witness. If a party does not have an Advisor for a hearing, Augustana will appoint a trained Advisor for the limited purpose of conducting any cross-examination.
A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross-examination, Augustana will appointment an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Equity Grievance Panel members during the hearing.
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
Augustana cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, Augustana is not obligated to provide an attorney.
Advisor Violations of Augustana Policy
All Advisors are subject to the same Augustana policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings.
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measure implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
7. Grievance Resolution
During or upon the completion of investigation, the investigator will meet with the Title IX Coordinator. Based on that meeting, the Title IX Coordinator will make a decision on whether there is reasonable cause to proceed with the grievance. If the Title IX Coordinator determines there is not reasonable cause to proceed with a grievance, then the process will end unless the party bringing a grievance requests that the Title IX Coordinator makes an extraordinary determination to re-open the investigation or to forward the matter for a hearing. The Title IX Coordinator may refer the grievance to another office for review if other Augustana policy violations are alleged. This decision lies in the sole discretion of the Title IX Coordinator. If there is reasonable cause, then the Title IX Coordinator may recommend the following resolutions: informal resolution, resolution without a hearing, and formal hearing.
a. Informal Resolution - Can include when parties agree to resolve the matter through an informal mechanism (mediation, restorative practices, etc) or when the Title IX Coordinator can resolve the matter informally by providing supportive measures to remedy the situation.
To initiate Informal Resolution, the Complainant needs to submit a formal complaint, as defined above. If a Respondent wishes to initiate Informal Resolution, they should contact the Title IX Coordinator to so indicate.
If it is not necessary to pursue Informal Resolution first in order to pursue a Formal Hearing, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.
Prior to implementing Informal Resolution, Augustana will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by Augustana.
Results of complaints resolved by Informal Resolution are not appealable.
b. Resolution without a Hearing – Resolution without a hearing can be pursued for any behavior that falls within the policy on Equal Opportunity, Harassment and Nondiscrimination, at any time during the process. The Title IX Coordinator will provide written notification of a grievance to any member of the Augustana community who is accused of conduct in violation of this Policy. The Title IX Coordinator, together with the investigator, will meet with the responding individual to explain the finding(s) of the investigation. Once informed, the responding party may choose to admit responsibility for all or part of the alleged policy violations at any point in the process. If so, the Title IX Coordinator will render a finding that the individual is in violation of Augustana policy for the admitted conduct, and will normally proceed to convene a formal hearing on any remaining disputed violations. For admitted violations, the appropriate Deputy Title IX Coordinator will recommend an appropriate sanction or responsive action. If the sanction/responsive action is accepted by both the party bringing a grievance and responding party, the Title IX Coordinator will implement it, and act promptly and effectively to remedy the effects of the admitted conduct upon the victim and the community. If either party rejects the sanction/responsive action, an EGP hearing will be held on the sanction/responsive action only, according to the EGP procedures below, except in the case of at- will employees for whom findings and responsive actions will be determined by the Title IX Coordinator in conjunction with the Director of Human Resources based on the results of the investigation.
c. Formal Hearing – For any grievances that are not appropriate for informal resolution and which are not resolved without a hearing, the Title IX Coordinator will initiate a formal hearing or for employees for whom no hearing process is available, will refer findings to the Human Resources Office for implementation.
8. Formal EGP Procedure
a. Hearing Panels – The Title IX Coordinator will appoint a non-voting panel Chair (Deputy Title IX Coordinator) depending on whether the responding party is a student, faculty or staff member and three members of the EGP to the hearing panel, none of whom have been previously involved with the grievance. Hearing panels may include both faculty and staff (with at least one faculty member selected in a grievance involving a faculty member). Any student members of the EGP do not serve on hearing panels. No member of the panel may be a practicing attorney. The panel will meet at times determined by the Deputy Title IX Coordinator.
b. Notification of Charges – At least one week prior to the hearing, or as far in advance as is reasonably possible if an accelerated hearing is scheduled with the consent of the parties, the Title IX Coordinator or a Deputy will send a letter to the parties with the following information. Once mailed, emailed and/or received in-person, notice will be presumptively delivered. The letter will contain:
A description of the alleged violation(s), identity of the involved parties, a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result.
The time, date and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities. If any party does not appear at the scheduled hearing, the hearing will be held in their absence. For compelling reasons, the Deputy may reschedule the hearing.
Hearings for possible violations that occur near or after the end of an academic term will be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by Augustana and remain within the 60-day goal for resolution.
c. Hearing Procedures – Formal Hearings will be convened, usually within one to two weeks of the completion of the investigation, and will be conducted in private. The EGP has the authority to hear all collateral misconduct, meaning that it hears all allegations of discrimination, harassment and retaliation, but also may hear any additional alleged policy violations that have occurred in concert with the discrimination, harassment or retaliation, even though those collateral allegations may not specifically fall within EGP jurisdiction. Accordingly, investigations should be conducted with as wide a scope as necessary.
Participants will include the non-voting Deputy Title IX Coordinator, the three members of the panel, the investigator who conducted the investigation on the grievance, the Complainant and and Respondent, Advisors to the parties and any called witnesses. The Title IX Coordinator or Deputy will provide the names of witnesses Augustana intends to call, all pertinent documentary evidence and any written findings from the investigator to the parties at least four business days prior to the hearing. The Complainant and the Respondent shall identify any witnesses from whom they hope to offer testimony at the hearing two business days in advance of the hearing. Augustana is not obligated to secure the attendance of all witnesses identified by the parties. The EGP panel may only consider witnesses or exhibits not timely disclosed if the Deputy determines in his/her sole discretion such consideration to be reasonable and appropriate in light of fairness and equity to all parties. In addition, the parties will be given a list of the names of each of the EGP panel members at least two business days in advance of the hearing. Should either (any) party object to any panelist, he/she must raise all objections, in writing, to the Deputy immediately. Panel members will only be unseated if the Deputy concludes that their bias precludes an impartial hearing of the grievance. Additionally, any panelist or Deputy who feels he/she cannot make an objective determination must recuse himself or herself from the proceedings when notified of the identity of the parties and all witnesses in advance of the hearing.
The Deputy, in consultation with the parties and investigators, may decide in advance of the hearing that certain witnesses do not need to be physically present if their testimony can be adequately summarized by the investigator during the hearing. All parties will have ample opportunity to present facts and arguments in full and question all present witnesses during the hearing, though formal cross-examination is not used between the parties. If alternative questioning mechanisms are desired (screens, Skype, questions directed through the Chair, etc.), the parties should request them from the Deputy at least two business days prior to the hearing.
Once the procedures are explained and the participants are introduced, the investigator will present the report of the investigation first, and be subject to questioning and cross-examination by the parties’ Advisors and the EGP. The investigator will be present during the entire hearing process, but will only be present during deliberations at the request of the Deputy. The findings of the investigation are not binding on the panel, though any undisputed conclusions of the investigation report will not be revisited, except as necessary to determine sanctions/responsive actions. Once the investigator is questioned, the EGP will permit questioning of and by the parties, and of any present witness. Questions may be directed through the panel at the discretion of the Deputy.
Formal rules of evidence will not apply. Any evidence that the panel believes is relevant and credible may be considered. The Deputy will address any evidentiary concerns prior to and/or during the hearing, may exclude irrelevant or immaterial evidence and may ask the panel to disregard evidence lacking in credibility. The Deputy will determine all questions of procedure and evidence. Anyone appearing at the hearing to provide information will respond to questions on his/her own behalf.
Unless the Deputy determines it is appropriate, no one will present information or raise questions concerning: (1) incidents not directly related to the possible violation, unless they show a pattern, or (2) the sexual history of or the character of the victim/party bringing a grievance.
If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attending the meeting, or they attend but refuse to participate in questioning, then the EGP panel members may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigative report) in the ultimate determination of responsibility. The EGP panel members must disregard that statement. Evidence provided that is something other than a statement by the party or witness may be considered.
If the party or witness attends the hearing and answers some cross-examination questions, only statements related to the cross-examination questions they refuse to answer cannot be relied upon.
The EGP panel members may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
There will be no observers in the hearing. The Deputy may allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the panel or the parties involved. The panel does not hear from character witnesses, but will accept up to two letters supporting the character of the individuals involved. Augustana may, at its option, have its counsel present at the hearing to advise the panel as needed.
In hearings involving more than one accused individual or in which two parties bringing grievances have accused the same individual of substantially similar conduct, the standard procedure will be to hear the grievances jointly; however, the Title IX Coordinator may permit the hearing pertinent to each responding party to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding party.
Proceedings are private. All persons present at any time during the hearing are expected to maintain the privacy of the proceedings, subject to Augustana consequences for failure to do so. While the contents of the hearing are private, the parties have discretion to share their own experiences if they so choose, and should discuss doing so with their advocates.
Hearings are recorded for purposes of review in the event of an appeal. EGP members, the parties and/or the persons who initiated the action, and appropriate administrative officers of Augustana will be allowed to listen to the recording in a location determined by the Title IX Coordinator or designee. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator. Persons given access to the recording will be required to sign an agreement confirming that they will protect the privacy of the information contained in the recording.
d. Decisions – The EGP will deliberate in closed session to determine whether the responding party is responsible or not responsible for the violation(s) in question. The panel will base its determination on a preponderance of the evidence (i.e., whether it is more likely than not that the accused individual committed each alleged violation). If an individual responding party or organization is found responsible by a majority of the panel, the panel will recommend appropriate sanctions to the Title IX Coordinator.
The Deputy will prepare a written deliberation report and deliver it to the Title IX Coordinator, detailing the finding, how each member voted, the information cited by the panel in support of its recommendation and any information the hearing panel excluded from its consideration and why. The report should conclude with any recommended sanctions. This report should not exceed two pages in length and must be submitted to the Title IX Coordinator within two (2) business days of the end of deliberations. The Title IX Coordinator will review the deliberation report and will consult with the appropriate Vice President who shall review the report to confirm compliance with the terms of this Policy.
The Title IX Coordinator will inform the accused individual and the party bringing a grievance of the final determination within 2-3 business days of the hearing, without significant time delay between notifications. Notification will be made in writing and may be delivered by one or more of the following methods: in person; mailed to the local or permanent address of the parties as indicated in official Augustana records; or emailed to the parties’ Augustana-issued email account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
e. Sanctions – Sanctions or responsive actions will be determined by the EGP. Factors considered when determining a sanction/responsive action may include:
The nature, severity of, and circumstances surrounding the violation
An individual’s disciplinary history
Previous grievances or allegations involving similar conduct
Any other information deemed relevant by the EGP
The need for sanctions/responsive actions to bring an end to the discrimination, harassment and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment and/or retaliation
The need to remedy the effects of the discrimination, harassment and/or retaliation on the victim and the community
Student Sanctions – The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:
Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any Augustana policy, procedure or directive will result in more severe sanctions/responsive actions.
Probation: A written reprimand for violation of the Code of Student Conduct, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any Augustana policy, procedure or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-curricular activities, non-contact orders and/or other measures deemed appropriate.
Suspension: Termination of student status for a definite period of time not to exceed two years, and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at Augustana.
Expulsion: Permanent termination of student status, revocation of rights to be on campus for any reason or attend Augustana-sponsored events.
Withholding Diploma: Augustana may withhold a student's diploma for a specified period of time and/or deny a student participation in commencement activities if the student has a grievance pending, or as a sanction if the student is found responsible for an alleged violation.
Revocation of Degree: Augustana reserves the right to revoke a degree awarded from Augustana for fraud, misrepresentation or other violation of Augustana policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
Organizational Sanctions: Deactivation, de-recognition, loss of privileges for a specified period of time.
Other Actions: In addition to or in place of the above sanctions, Augustana may assign any other sanctions as deemed appropriate.
Employee Sanctions – Responsive actions for an employee who has engaged in harassment, discrimination and/or retaliation include warning, required counseling, demotion, suspension with pay, suspension without pay and termination.
f. Enrollment Withdrawal or Employee Resignation While Charges Pending
Students: Augustana does not permit a student to withdraw if that student has a grievance pending for violation of the policy on Equal Opportunity, Harassment and Nondiscrimination, or for charges under the Code of Student Conduct. Should a student decide to leave and not participate in the investigation and/or hearing, the process will nonetheless proceed in the student’s absence to a reasonable resolution and that student will not be permitted to return to Augustana unless all sanctions have been satisfied.
Employees: Should an employee resign while charges are pending, the records of the Title IX Coordinator will reflect that status, as will Augustana responses to any future inquiries regarding employment references for that individual. The Title IX Coordinator will act to promptly and effectively remedy the effects of the conduct upon the victim and the community.
g. Appeals – All requests for appeal considerations must be submitted in writing to the Title IX Coordinator within five (5) business days of the delivery of the written finding of the EGP.
A three-member panel of the EGP designated by the Title IX Coordinator who was not involved in the grievance previously will consider all appeal requests. Any party may appeal, but appeals are limited to the following:
A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
The Title IX Coordinator, Investigator, or EGP member(s) had a conflict of interest or bias for or against Complaints or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.
The appeals panel of the EGP will review the appeal request(s). The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. When any party requests an appeal, the other party (parties) will be notified and joined in the appeal. After the request for appeal is received, Augustana, the accuser and the accused person shall all have the opportunity to make a written submission to the appeals panel, which submissions shall be shared with all other parties. The original finding and sanction are presumed to have been decided reasonably and appropriately.
Where the EGP appeals panel finds that at least one of the grounds is met, and proceeds, additional principles governing the hearing of appeals include the following:
Appeals decisions by the EGP panel are to be deferential to the original decision, making changes to the finding only where there is clear error and to the sanction/responsive action only if there is a compelling justification to do so.
Appeals are not intended to be full re-hearings of the grievance. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal. Appeals granted based on new evidence should normally be remanded to the original hearing panel for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or heard by a different three-member panel of the EGP.
Sanctions imposed are stayed pending the outcome of the appeal. Supportive Measures may be reinstated, subject to the same supportive measure procedures above.
The Title IX Coordinator will normally, after conferring with the EGP appeals panel, render a written decision on the appeal to all parties within 2-3 business days from hearing of the appeal.
All parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision.
Once an appeal is decided, the outcome is final: further appeals are not permitted.
h. Failure to Complete Sanctions/Comply with Responsive Actions – All responding parties are expected to comply with conduct sanctions/responsive/corrective actions within the time frame specified by the Title IX Coordinator. Failure to follow through on conduct sanctions/responsive/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive/corrective actions and/or suspension, expulsion and/or termination from Augustana and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.
i. Records – In implementing this policy, records of all grievances, resolutions, and hearings will be kept by Augustana for a period of 7 years. .
j. Statement of the Rights of Both Parties Involved in a Grievance
To be treated with respect by Augustana officials.
To take advantage of campus support resources (such as counseling services, campus ministry, and Augustana’s health service, or EAP services for employees).
To experience a safe living, educational and work environment.
To have an advocate during this process.
To refuse to have an allegation resolved through conflict resolution procedures.
To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
To be free from retaliation.
To have grievances heard in substantial accordance with these procedures.
To full participation of the injured party in any EGP process whether the injured party is serving as the party bringing a grievance or Augustana is serving as party bringing a grievance.
To be informed in writing of the outcome/resolution of the grievance, sanctions where permissible and the rationale for the outcome where permissible.
Refer to law enforcement and have assistance.
Housing and living accommodations.
If circumstances require, the President, Title IX Coordinator or a Deputy Coordinator shall designate another to oversee the resolution process, should a grievance be made against the Coordinator or if the Coordinator is otherwise unavailable or unable to fulfill their duties.