26 LEHIGH UNIVERSITY Disciplinary action against faculty and staff may include: • Warning – Verbal or Written • Corrective Action or Restitution • Performance Improvement/Management Process • Required Counseling • Required Training or Education • Educational Sessions or Programs • Work Restrictions • Probation • Loss of Annual Pay Increase • Loss of Oversight or Supervisory Responsibility • Reduction in Pay • Demotion • Suspension with Pay • Suspension without Pay • Termination (A move for dismissal of a tenured member of the faculty requires a special procedure involving the Board of Trustees, as per the Rules and Procedures of the Faculty.) The range of disciplinary actions available under the Student Code of Conduct when students are found responsible for committing dating violence, domestic violence, sexual assault, stalking, sexual exploitation, or other form of sexual harassment or sexual misconduct may include the following: • Expulsion • Suspension • Deferred suspension • Disciplinary probation • Disciplinary warning • Other educational, punitive, or restorative sanctions • Counseling • Educational sessions or programs Appeals Both parties in the case have the right to appeal the outcome and the sanction in cases involving dating violence, domestic violence, sexual assault, stalking, sexual exploitation, and other forms of sexual harassment and sexual misconduct as outlined in the applicable University policies. A request for appeal must be submitted in writing to the Title IX Coordinator within three business days from the delivery of the Notice of Outcome letter. The grounds for appeal are: 1. Procedural irregularity that affected the outcome of the matter; 2. 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; and 3. The Title IX Coordinator, investigators, or decision maker had a conflict of interest or bias for or against complainants or respondents generally or the specific complainant or respondent that affected the outcome of the matter. The appeal must be based on one (or more) of the three grounds mentioned above. The request for appeal should include specific details as to why an appeal should be granted. The appeal will be decided by a three-person appeal panel (“Appeal Panel”). The parties will be notified in writing of the outcome of the appeal, any specific instructions for remand or reconsideration, and any sanctions that may result which the University is permitted to share according to applicable law. The parties will also be notified in writing when the results of the process become final. 4. The sanction is inappropriate (i.e., unduly lenient or unduly harsh). The request for appeal must be submitted in writing and be based on one (or more) of the four grounds mentioned above. The letter should include specific details as to why an appeal should be granted. A request for appeal is reviewed to the appeal decision-maker (or the appeal decision-maker chair, if a panel is utilized) to determine if the request meets the grounds for an appeal. If it does not provide enough information that meets the grounds for appeal, the request is denied and the parties notified. If the information in the request for appeal meets the grounds for appeal, the parties and others involved in the resolution process are notified and provided with an opportunity to submit information to be considered by the appeal decision-maker. Once the appeal decision-maker gathers all pertinent documentation and the record of the original determination, the appeal decision-maker renders its decision, applying the preponderance of the evidence standard. Appeal decisions are to be deferential to the original determination. Both parties will be notified simultaneously in writing of the outcome of the appeal, including notification of whether the appeal changes the initial outcome of the original decision-maker or requires additional process. Both parties will also be notified simultaneously in writing when the results of the process become final. Records Requests Upon request, the University will disclose the results of any disciplinary proceeding conducted by the University against a student who is the alleged perpetrator of any crime of violence or a non-forcible sex offense, to the alleged victim or the alleged victim’s next of kin, if the victim is deceased.
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