The Appeal Process

Appeal Processes

Parties may appeal decisions at various points throughout the OCRTIX workflow. 

  • If it is determined that the office will not proceed with an investigation of a formal complaint
    • the OCRTIX will notify the complainant (if not anonymous) in writing explaining the reasons why the formal complaint is not being investigated. The notification letter will include a statement that the complainant may appeal the determination not to proceed with an investigation to the Vice Provost for Human Resources, Public Safety and Operations within 10 working days of the notice. The request for an appeal must be a signed, written document articulating why the decision to administratively close the complaint without an investigation was in error. The Vice Provost for Human Resources, Public Safety and Operations will respond to the request for appeal within 20 working days of receipt of the appeal. If the decision to administratively close the complaint without an investigation is upheld, then that decision will constitute final agency action and there is no further appeal within the university. If the decision to administratively close the complaint without an investigation is overturned, the complaint will be sent back to the OCRTIX for investigation in accordance with this procedure. 

Complainant Appeals 

  • If the complainant believes that the investigator’s finding that there was no policy violation was in error, then the complainant may appeal that conclusion to the Executive Vice Chancellor and Provost (or designee) within 10 working days of the date of the notice of the investigator's findings. The request for an appeal must be a signed, written document articulating why the investigator's finding was erroneous. The Executive Vice Chancellor and Provost (or designee) will respond to the request for appeal within 20 working days of receiving the appeal. This decision on appeal will constitute final agency action and there will be no further appeal within the university. 

Respondent Appeals 

  • If formal disciplinary action is imposed as a result of a finding of violation of OCRTIX policy, a respondent may request a hearing as follows: 
    • Faculty Member or an Unclassified Academic Staff Member: An employee may request a hearing before the University Judicial Board or the Faculty Rights Board, as determined by the sanction. (See University Senate Rules and Regulations 6.4.2 and the Handbook for Faculty and Other Unclassified Staff.)​ 
    • Student: A student may request a hearing in accordance with the Code of Student Rights and Responsibilities. If the student does not request a hearing, the Vice Provost for Student Affairs will determine the sanction. (See University Senate Rules and Regulations 6.4.9). 
    • Graduate Teaching Assistant: A graduate teaching assistant may request a review in accordance with the Memorandum of Agreement between the University of Kansas, the Kansas Board of Regents and the Kansas Association of Public Employees (representing graduate teaching assistants at the University of Kansas, Lawrence). (See University Senate Rules and Regulations 6.4.16.). 
    • Other Student Employees, including Graduate Research Assistants and Graduate Assistants: Other student employees have an opportunity to have a supervisor's decision reviewed by the next-level administrator, as described in the Student Employment Handbook, available through the Human Resource Management website. 
    • Unclassified Professional Staff Employee: An unclassified professional staff member may request a hearing in accordance with the unclassified professional staff conflict resolution procedures specified in the Handbook for Faculty and Other Unclassified Staff. (See University Senate Rules and Regulations 6.4.15.) 
    • University Support Staff Employee: A University Support Staff employee who is not serving an initial probationary period and who has been suspended, demoted or dismissed as a result of a finding of violation of the university's policies prohibiting sexual misconduct, harassment, discrimination and retaliation may appeal the sanction to the University Disciplinary Action Hearing Board in accordance with the procedures set forth by KU Human Resource Management.