Significant procedural error that demonstrably affected the outcome of the decision.
New and substantial evidence that was not reasonably available at the time of the original investigation/decision and that could demonstrably affect the outcome.
The sanctions or remedy imposed are substantially disproportionate to the findings. Disagreement with the findings or outcome alone is not a sufficient basis for appeal.
Submission of Appeal:
A written appeal must be submitted to the President within five (5) business days of receiving the written decision.
The appeal must state the specific grounds for appeal and provide supporting arguments and documentation.
Appeal Review and Decision:
The President or their designee will review the appeal, the original complaint, the investigation record, and the decision. The review will focus solely on the stated grounds for appeal. The President or their designee does not typically re-investigate the complaint but may seek clarification. If the President decides to designate someone to conduct the appeal process, the designee must not have been involved in the original resolution process and must not possess a conflict of interest.
The President or their designee may:
Uphold the original decision.
Overturn or modify the original decision.
Remand the case back to the original decision-maker or a new decision-maker for further review or action, with specific instructions.
A written decision on the appeal will be issued to the party filing the appeal and the other party (complainant/respondent, as appropriate) within fifteen (15) business days of receiving the appeal.
The decision of the President or their designee is final, and no further appeals are available within KSU under this policy.
Record-Keeping and Reporting
The complaint facilitator/administrator's office will maintain confidential records of all formal complaints, investigations, resolutions, and appeals in accordance with KSU record retention policies and applicable laws (e.g., FERPA, Kentucky Department for Libraries and Archives' State University Model Records Retention Schedule).
Records will be maintained in a secure manner. Access to these records will be limited to KSU officials with a legitimate educational or administrative need to know.