Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases:

  1. The existence of a procedural irregularity that affected the outcome of the matter;
  2. Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
  4. An appeal of the disciplinary sanctions from the initial determination.

For all appeals, the District shall:

  1. Notify the other party in writing when an appeal is filed;
  2. Simultaneously provide all parties a written copy of the District’s procedures governing the appeal process;
  3. Implement appeal procedures equally for both parties;
  4. Ensure that the decision-maker for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
  5. Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
  6. Issue a written decision describing the result of the appeal and the rationale for the result; and
  7. Provide the written decision simultaneously to both parties.

All appeals should be submitted to Superintendent, Dr. Charles McNulty via email at cmcnulty@pcssd.org.