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- If either Party chooses to submit an appeal, the appeal must be submitted in writing to the identified Appeal Officer within five (5) business days of receiving the notice of outcome.
- Upon receipt of the appeal, the Appeal Officer will notify the other party that an appeal has been submitted.
- Failure to submit a written appeal within this five (5) business day period forfeits the right to appeal under this Policy, and the decision is final.
- Deference is given to the B/HIRP panel’s findings and decision regarding responsibility and/or any sanctions. The burden of proof is on the party filing an appeal to sufficiently demonstrate cause to alter procedures, the original decision, or any sanctions.
- Grounds for Appeal - Appeals may be granted for the following reasons only:
- New Information- Material new evidence that was not reasonably available at the time of the decision regarding responsibility or dismissal was made, that could affect the outcome of the matter.
- Process Review - A procedural error was made that materially affected the outcome of the matter. precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
- Disproportionate Sanction - The sanction(s) assigned are clearly disproportionate with the violation.
- Within 15 business days of any submission of materials for an appeal, the Appeal Officer will email their decision to the Complainant and the Respondent.
- Appeals must be submitted within the timelines described above.
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