Appeal

The complainant and the respondent have equal rights to an impartial appeal. Any party appealing a decision will have 10 days from receipt of the written determination or outcome letter to submit an Appeal Form to the deputy for appeals at equity@berklee.edu for consideration by the appeals panel (described below).

Appeals will be heard solely on the following grounds:

• Procedural irregularity that affected the outcome of the matter;

• 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; 

• The chief equity officer/Title IX coordinator, investigator(s), or decision-maker(s) 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.

Parties should include any and all information they would like to have considered by the appeals panel. Each party may respond in writing to any appeal submitted by the other party. Written responses must be submitted within five business days following delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party.

Appeals are heard by a three-member appeal panel made up of trained administrators, including the deputy for appeals (the “appeal panel”). The appeal panel is not intended to conduct a full review of the case. This is not an opportunity for the deputy for appeals or the appeal panel to substitute their judgment for that of the original investigator or decision-maker (as applicable). The appeal panel may a) determine that no grounds for appeal have been met; or b) determine that grounds for appeal have been met, and choose to remand the matter back to the original or new investigator or decision-maker (as applicable) to address the appealed aspects of the case. If the appeal is denied, the matter is closed.

Absent unusual circumstances, the appeal panel will convene, render a decision, and the deputy for appeals will provide that outcome in writing to the reporting parties and responding parties within 15 business days from the appeal panel’s receipt and review of the appeal.

Supportive measures already in place will remain in effect throughout the appeal period. 

Outcome of Appeal

The outcome of the appeal will be in writing, including the rationale for the outcome, and will be provided simultaneously to both parties.