58 NSU STUDENT HANDBOOK 2023-24 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 which it precludes the parties from resuming a formal complaint arising from the same allegations provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; 7.1.2. Obtains the parties’ voluntary, written consent to the informal resolution process; and 7.1.3. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. 7.2. An institution may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section. 7.3. An institution may not require parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a formal complaint is filed. 8. Title IX Coordinator 8.1. Each institution will designate a Title IX Coordinator who will be responsible for carrying out the responsibilities specified in this policy and for monitoring overall compliance with this policy and related federal, state or local legislation, rule or regulation.
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