Appeals

A written appeal may be filed by either party involved in the Formal Resolution Process. Within ten (10) business days of the date of receipt of the decision of either the Determination Panel or the Hearing Panel, either party may appeal such decision in writing. The Seminary’s President will act as the Appeals Officer, unless otherwise designated by the Title IX Coordinator.  

Written appeals may be sent to the Seminary’s Appeals Officer, Dr. Jacqueline Lapsley, President, at jacqueline.lapsley@upsem.edu, or the designated Deputy Appeals Officer as appointed by the Seminary President. A copy of the appeal will also be filed with the Coordinator. 

Within one (1) business day of receipt of a written appeal, the non-appealing party will be notified, in writing, that an appeal has been filed, and the non-appealing will be provided ten (10) business days to respond to the appeal, if they wish. This statement should explain why the Appellant’s basis for an appeal is improper and/or why the Hearing Board’s decision should stand. The Title IX Coordinator (or their designee) will promptly provide the Appellee’s statement to the Appellant.

Appeals are limited, and may only be based on the following grounds: 

• A procedural error occurred that significantly impacted the outcome of the investigation or hearing. A description of the error and its impact on the outcome of the case must be included in the written appeal; or 
• Title VI/Title IX Coordinator or other related personnel had a conflict of interest or bias that affected the outcome of the matter. 

Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agrees with the appeal. The appeals process only involves the review of written documents. No additional hearing is held, and no additional evidence will be accepted. At the sole choice and option of the Appeals Officer, a meeting between the parties and the Appeals Officer may be held to discuss the basis of the appeal. 

Within three (3) business days of receipt of the Hearing Panel’s report at the conclusion of the hearing, either party may object to the assigned Appeals Officer on the basis of an actual bias or a perceived conflict of interest. Any objection is to be in writing, and sent to the Coordinator. Should the Coordinator determine that there is an actual bias or a conflict of interest, the Coordinator will remove the Appeals Officer and appoint another. 

Within thirty (30) calendar days of the receipt of the appeal (or as soon as is reasonably practicable), the Appeals Officer will make a determination that (a) the decision of the Hearing Board should stand, or (b) the decision of the Hearing Board should be modified and/or overturned. In either case, the Appeals Officer should issue a written explanation of their reasoning in reaching a decision. The Appeals Officer should provide his or her decision concurrently to the Complainant, the Respondent, and the Title IX Coordinator. The findings of the Appeals Officer are final, and there is no further appeal to any other Seminary personnel or entity.