Banning Unified School District - Appeals Process

Appeals Process


Grounds for Appeal
  • A procedural error or omission occurred that significantly impacted the outcome of the investigation and/or hearing
  • To consider new evidence, unknown or unavailable during the original investigation and/or hearing, that could substantially impact the original finding or sanction
  • The protective actions/sanctions imposed are substantially disproportionate to the severity of the violation.
Appeal of Interim Measures
 
Interim measures that may include, but are not limited to:
  1. Temporary suspension of the accused’s eligibility for enrollment or attendance, as well as denial of the accused access to BUSD's facilities or property.
  2. Temporary suspension or limitation of the accused’s eligibility to enjoy certain privileges, or participate in or attend certain events (or certain kinds of events).
  3. Issuance of a No Contact order
  4. Temporary student suspension or employment suspension
  5. Change of Placement

Within five days of receipt of notice of any interim measures imposed, an accused person(s) may appeal the interim measures, in writing, to the Superintendent.  The interim measures will remain in effect pending the outcome of any appeal.  The Superintendent will provide the Complainant with a copy of any appeal filed pursuant to this section via certified mail, return receipt or in person.  The Complainant may submit a response to the appeal within three business days after receipt.  The Superintendent may accept, reject or modify the interim measures imposed by the Title IX Coordinator. 

 
Appeal of Investigative Outcome
 
There are three (3) possible conclusions that may result from a Title IX Investigation:
  1. Substantiated:   Based on the totality of the circumstances and the information obtained pursuant to the investigation, and based on a more likely than not standard of proof (preponderance of the evidence), it is/is not  more likely than not that respondent committed the alleged violation(s).  
  2. Unsubstantiated:  It is not possible to determine whether the allegation(s) is true or untrue. There is insufficient evidence to prove or disprove that the allegation is true.
  3. Unfounded:   It is more likely than not that the allegation(s), while made in good faith, is untrue. A finding that the allegations are unfounded does not indicate that the complaint was improper or knowingly false.    
 
Either party may appeal the decision made in the investigation report in writing by submitting a written appeal to the Superintendent.  The written appeal will include a copy of the investigation report.  The appealing party is required to send a copy of the appeal to the Coordinator and to the respondent.  The Superintendent may accept, reject or modify the Title IX Coordinator’s decision.