54 NSU STUDENT HANDBOOK 2022-23 6. Petition for Administrative Review 6.1. The complainant and respondent may petition for administrative review of an institution’s proposed determination regarding responsibility, and an institution’s dismissal of a formal complaint or any allegations therein, by petitioning in writing to Executive Director of the Board of Regents no later than ten (10) working days after notice of the institution’s decision is deemed received. Petitions for administrative review under this section are limited those made on the following bases: 6.1.1. A procedural irregularity that affected the outcome of the matter; 6.1.2. 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 6.1.3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter. 6.2. A petition filed with the Executive Director must include the party’s supporting arguments and documentation. Petitions that fail to include supporting arguments and documents or which are not made on one of the bases set forth in section 6.1 above will be rejected. 6.3. Within five (5) working days of receiving a petition for administrative review, the Executive Director, or their designee, shall provide written notice of the petition to the other party. That party will have five (5) working days from the date of the notice to submit a written statement to the Executive Director in support of, or challenging, the outcome. 6.4. Petitions for administrative review will be limited to a review of: 6.4.1. The written determination of the institution, which shall include the proposed determination of the hearing examiner; 6.4.2. The verbatim record of the hearing; 6.4.3. Supporting documents submitted as part of the hearing; and 6.4.4. Written statements and/or supporting documentation submitted by the respondent and/ or complainant in accordance with the appeal process set forth herein. 6.5. After receipt of the non-petitioning party’s written statement pursuant to section 6.3 above, or after the expiration of the time provided therefore, the Executive Director will issue a decision on the matter. The Executive Director’s review of the petition will be limited to determining whether: (i) any material decisions lack substantial support in the record, and (ii) any procedural errors materially impacting the integrity of the decision. The Executive Director will not substitute their judgement for that of the institution unless it forms a definite and firm conviction that a mistake has been committed. The Executive Director may affirm the determination of the institution, modify the determination of the institution, in whole or in-part, or return the matter to the institution for reconsideration, additional investigation and/or a new hearing. 6.6. The Executive Director will provide their written decision simultaneously to both parties. The decision of the Executive Director shall constitute the final decision on the matter, which is subject to appeal to circuit court in accordance with the provisions of SDCL ch. 1-26. 7. Informal Resolution 7.1. At any point prior to reaching a determination regarding responsibility the institution may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the institution: 7.1.1. requirements of the informal resolution process including the circumstances under
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