Portland Community College | Portland, Oregon Portland Community College

CRR 2.5 – Appeals

Table of contents

  1. Overview
  2. Appeals – Generally
  3. Appeals – Sanctions and Remedies
  4. Appeals – Findings
  5. Appeals – Finality

Procedure

  1. Overview
    1. This document provides a general outline of how PCC will respond to requests for Appeals under any PCC Civil Rights and Responsibilities Policy.
    2. This document does not constitute a contract or prevent PCC from varying from this general outline of how PCC will respond to requests for Appeals under any PCC Civil Rights and Responsibilities Policy.
    3. All employees covered by collective bargaining or other employment agreements or handbooks are subject to the terms of their agreements/employees’ rights to the extent those do not conflict with federal or state compliance obligations.
    4. Any party may file a request for appeal (“Request for Appeal”) in writing to the Title IX Coordinator within 5 days of the delivery of the Notice of Outcome.
    5. Parties will be notified of their appellate officer in the Notice of Outcome. No Appellate Officer will have previously been involved in the investigation or grievance process of the complaint.
  2. Appeals – Generally
    1. Grounds for Appeal:
      • 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; and
      • The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Reporting Parties or Respondents generally or the specific Reporting Party or Respondent that affected the outcome of the matter.
    2. If any of the grounds for appeal in the Request for Appeal are not met, that request will be denied by the Appellate Officer, and the parties and their Advisors will be notified in writing of the denial and the rationale.
  3. Appeals – Sanctions and Remedies
    1. Any sanctions imposed as a result of the decision making are stayed during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures contained in the applicable Procedure.
    2. If any of the sanctions are to be implemented immediately, and not subject to appeal, then emergency removal procedures contained in the applicable Procedure, and a request for consideration of the justification for doing so must be permitted within two days of implementation.
    3. PCC may still place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal when the original sanctions included separation.
  4. Appeals – Findings
    1. A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify:
      • the finding on each ground for appeal,
      • any specific instructions for remand or reconsideration,
      • any sanctions that may result which PCC is permitted to share according to state or federal law, and
      • the rationale supporting the essential findings to the extent PCC is permitted to share under state or federal law.
    2. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ PCC email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
  5. Appeals – Finality
    1. All appeals are final and may not be appealed internally to PCC again, except as provided under the applicable Collective Bargaining Agreement, college policy, or as required by law.
    2. Inquiries and complaints can also be made externally to:
      Federal Resources:

      Office for Civil Rights (OCR)
      U.S. Department of Education
      400 Maryland Avenue, SW
      Washington, D.C. 20202-1100
      Customer Service Hotline: 800-421-3481
      Fax: 202-453-6012
      TDD: 877-521-2172
      Email: OCR@ed.gov
      Website: www.ed.gov/ocr
      Complaint form

      Equal Employment Opportunity Commission (EEOC)
      Federal Office Building
      909 First Avenue
      Suite 400
      Seattle, WA 98104-1061
      Phone: 800-669-4000
      Fax: 206-220-6911
      TTY: 800-669-6820
      ASL Video Phone: 844-234-5122
      Website: www.eeoc.gov

      Oregon Resources:

      Office of Community Colleges and Workforce Development
      255 Capitol Street NE
      Salem, OR 97310
      Phone: 503-947-2401
      Email: ccwd.info@state.or.us
      Website: www.oregon.gov/highered

      Bureau of Labor and Industries (BOLI)
      Civil Rights Division
      800 NE Oregon St.
      Suite 1045
      Portland 97232
      Phone: 971-673-0764
      Email: crdemail@boli.state.or.us
      Website: www.oregon.gov/boli