Casework
Appeals review
An independent review of a determination or a dismissal, by a practitioner who had no part in the original matter. We decide the appeal on the grounds your procedures allow and explain the result in writing to both parties.
How an engagement starts
- 01Conflicts screenScreened against the parties, counsel, and everyone involved in the original matter. We do not take an appeal in a matter we investigated or decided.
- 02Written termsScope, rate, and the deadline for the written decision, agreed before we receive the record.
- 03Record reviewThe determination or dismissal, the record it rests on, and the statements from both parties, read in full.
When to call
When institutions engage us
- 01
A party has appealed
A determination or a dismissal has been appealed, and the person designated to hear it is too close to the matter or to the people in it.
- 02
No one left qualifies
The appeal decision maker cannot be the coordinator, the investigator, or the original decision maker. A small office runs out of people who meet that test.
- 03
The outcome will be tested
The result is likely to be challenged outside the institution, and the appeal is the last internal chance to get the record right.
The review
What the review covers
Procedural irregularity
Whether a departure from the procedure affected the outcome of the matter.
New evidence
Whether evidence that was not reasonably available at the time could affect the outcome.
Conflict of interest or bias
Whether the coordinator, the investigator, or the decision maker had a conflict or bias that affected the outcome.
Additional grounds
Any further grounds your policy offers, applied equally to both parties.
An equal chance to respond
Both parties notified of the appeal and given the same opportunity to submit a written statement.
Written decision
The result and the rationale, delivered to both parties at the same time.
Worth knowing
What sits outside the review
An appeal is not a new investigation or a rehearing. We decide the grounds raised on the existing record, and where the record shows the matter needs further work, we say so and return it to the institution rather than redoing it ourselves.
See hearing officer and decision makerWhat grounds can an appeal raise?
Under the current Title IX rule: procedural irregularity that affected the outcome, new evidence that was not reasonably available and could affect it, and a conflict of interest or bias that affected it. An institution may offer additional grounds if it offers them equally to both parties.
Can you review a dismissal?
Yes. The current Title IX rule allows both parties to appeal a dismissal of a formal complaint, on the same grounds as a determination.
How is the work priced?
Quoted at scoping, on the same basis as our investigation work: hourly against a fee cap or a fixed fee, agreed in writing. No fee varies with the outcome.
Scoping
Start with a scoping call.
We look at what you have, tell you plainly whether we fit, and put the terms in writing before anything begins.