Appeals

Information on the Equal Opportunity Services' Appeal Process

Equal Opportunity Services Information Guide on the Investigation Appeal Process 2024-2025

Investigation Appeal Process

Following completion of an investigation, EOS will send a findings letter to all parties with the outcomes of the investigation. EOS will send this letter to parties via email and postal mail. This letter notifies both parties they have ten (10) business days from the date of the letter to notify EOS of their intent to appeal. Parties must notify EOS in writing via email to eosoffice@aps.edu or by delivering in person to EOS at APS Bruce and Alice King Educational Complex, 6400 Uptown Blvd NE or via postal mail to APS EOS PO Box 25704, Albuquerque, NM 87125-0704.

The appeal needs to focus on the nature of the disagreement with the finding, the reasons underlying such disagreement and how the outcome would be changed by reconsideration of the determination.

The timelines in this process may all be extended for good cause, as needed.

Once EOS receives notification of an appeal, the following process applies:

Step One:

EOS will contact the appealing party via email and postal mail to provide:

(1) Confirmation of receipt of the appeal and any documentation submitted;

(2) A copy of the investigative report and;

(3) Information on the appeal process including, but not limited to, the dates submissions are due, format, timeframe, and process.

EOS will concurrently contact the other party(ies) via email and postal mail to inform them an appeal has been requested. EOS will provide non-appealing parties with:

(1) A copy of the investigative report and

(2) information on the appeal process including but not limited to the dates submissions are due, format, timeframe, and process.

While it is not required, the non-appealing party can choose to participate in the appeal process.

This notice to the parties from EOS will start the timeline for the appeal process and shall be referred to as the “Appeal Notice” throughout this document. The date of the “Appeal Notice” from EOS will be considered the start date of the Appeal Process.

Participation can include one or more of the following:

(1) Submit a written statement to the Appeal Panel;

(2) Provide declarations or affidavits from witnesses;

(3) Provide audio or video recording of a personal statement to the Appeal Panel; (4) Provide any written documentation or other evidence that was not provided to EOS during the investigation; and/or

(5) Advise EOS that they are willing to answer questions from the Appeal Panel.

Step Two:

Parties and EOS provide information and evidence to the Appeal Panel.

The appealing party can provide their response to the investigation and findings to the Appeal Panel members in the following ways:

A written statement no more than 7 pages, single sided, 12 pt font, single spaced, normal margins. This statement can be provided in English or the party’s native language. It will be translated for the appeal panel members if provided in a language other than English; OR
A video or audio recording of up to 30 minutes to present their appeal. This recording can be done in English or the party’s native language. The recording will be translated for the appeal panel members if provided in a language other than English. If the party wants to make a recording but does not have the technical skills or equipment, they should contact EOS who will make arrangements to record the statement via zoom or other means, depending on the circumstances; AND/OR
The party may provide any additional statements or testimonies by the witnesses and/or declarations or affidavits from witnesses. The party may provide a video or audio recording of a witness’ statement, this recording can be no more than 10 minutes. This recording can be done in English or the party’s native language. The recording will be translated for the appeal panel members if provided in a language other than English. If the party wants to make a recording but does not have the technical skills or equipment, they should contact EOS who will make arrangements to record the statement via zoom or other means, depending on the circumstances.
If the party has any questions for the other parties and/or EOS, these must be submitted along with the Appeal Submission.
The Appeal Panel members may have questions for the parties. The process for these questions and answers is described in Steps 4 and 5 below.
Any accommodations needed to present the appealing party’s response to the Appeal Panel members should be directed to EOS.
This response must be provided to EOS within 10 business days from the date of the “Appeal Notice.”

EOS will typically rely on the investigation report and the EOS findings letter to represent the EOS determination to the Appeal Panel members. However, EOS may choose to provide information related to the appealing party’s response to the investigation and findings. EOS may provide a video or audio recording of no more than 30 minutes or a 7 page written statement, as the appealing party’s requirements above. EOS has the right to include additional statements or testimonies by the appealing party and/or declarations or affidavits from witnesses. EOS must provide any additional information to the Appeal Panel members within 10 business days of the “Appeal Notice.” If any new information or evidence is provided to the appeal panel members, EOS will simultaneously provide that information or evidence to the parties so they may review and include it in their response, if they choose. Any party may request to review any response or information EOS provides to the Appeal Panel members. EOS is required to answer all questions from the Appeal Panel members, if any. These questions and answers will be entered into the record and either party may request to review them.

While not required, the non-appealing party may choose to participate in the appeal process. Also, they may choose to answer questions from the Appeal Panel, if any. The non-appealing party can provide their response to the investigation and findings to the Appeal Panel members in the following ways:

A written statement no more than 7 pages, single sided, 12 pt font, single spaced, normal margins. This statement can be provided in English or the party’s native language. It will be translated for the appeal panel members if provided in a language other than English; OR
A video or audio recording of up to 30 minutes to present their rebuttal or any information they deem relevant to the case and the appeal panel members. This recording can be done in English or the party’s native language. The recording will be translated for the appeal panel members if provided in a language other than English. If the party wants to make a recording but does not have the technical skills or equipment, they should contact EOS who will make arrangements to record the statement via zoom or other means, depending on the circumstances; AND/OR
The party may provide any additional statements or testimonies by witnesses and/or declarations or affidavits from witnesses. The party may provide a video or audio recording of a witness’ statement, this recording can be no more than 10 minutes. This recording can be done in English or the party’s native language. The recording will be translated for the appeal panel members if provided in a language other than English. If the party wants to make a recording but does not have the technical skills or equipment, they should contact EOS who will make arrangements to record the statement via zoom or other means, depending on the circumstances.
If the party has any questions for the other parties and/or EOS, these must be submitted along with the Appeal Submission.
The Appeal Panel members may have questions for the parties. The process for these questions and answers is described in Steps 4 and 5 below.
Any accommodations needed to present the appealing party’s response to the appeal panel members should be directed to EOS.
This response must be provided to EOS within 10 business days from the date of the appeal notice.

Step Three:

The Appeal Panel determines questions for the parties, EOS, and/or the investigator.

The Appeal Panel has the opportunity to question all parties involved, including EOS and/or the investigator. The moderator will lead a discussion with the appeal panel members after each has reviewed all information and evidence provided. The appeal panel members will determine what questions they have, and review the questions received from the parties and/or EOS. Any questions deemed relevant by the Appeal Panel will be asked of the respective part(ies) and/or EOS. The moderator will provide these questions to EOS who will facilitate gathering the requested information and providing it back to the Moderator. The moderator must provide any questions they have for the parties and/or EOS within 5 business days from being provided access to the full record by EOS. EOS will provide the questions received by the panel to the parties within 2 business days and the parties and EOS will have 3 business days to respond to the appeal panel members’ questions.

The appealing party, non-appealing party, and EOS may all provide questions to the Appeal Panel to be asked of other parties and/or EOS. These questions must be submitted within 10 business days from the date of the “Appeal Notice” along with their Appeal Submission as described in Step 2. They will be provided to the moderator who will confer with the Appeal Panel to determine which questions are relevant to the case and would potentially impact the outcome of their decision. The moderator has 5 business days to confer with the Appeal Panel members to determine which questions they have deemed relevant to the case. The moderator will provide those questions to EOS who will send them to the parties and/or provide notice that there were no questions submitted and/or deemed relevant within 2 business days. The parties and/or EOS will have 3 business days to respond to these questions.

Step Four:

The Appeal Panel reviews the record. This typically includes the following items but each appeal may include other items as needed.

The original complaint or the information provided to EOS that prompted the investigation.
The investigation report completed by the investigator.
The findings letter sent from EOS to the parties that summarized the complaint, the investigation process, the evidence gathered, the policies and/or procedural directives that EOS relied on in making a decision, and the analysis of the evidence against those policies and/or procedural directives which resulted in EOS notice that policy was or was not violated.
Information and/or evidence submitted by the appealing party.
Information and/or evidence submitted by any non-appealing party, if any.
Any additional information and/or evidence that became part of the record that is not described above.

Step Five:

The Appeal Panel will then confer privately to review all of the information. The Appeal Panel will defer to the majority of the three (3) person panel. The Appeal Panel may reverse, modify or uphold the original finding. It may also determine the need to gather additional or updated information, as deemed necessary, in order to make its final decision, or, it may also return the matter to EOS for additional investigation (remanded investigation). The Appeal Panel will issue a written decision, which will be sent to EOS within 3 business days. EOS will then contact all of the parties informing them of the Appeal Panel decision. The decision of the Appeal Panel is the final decision of the APS District in the EOS process.

Additional Information Regarding this Process

This EOS Appeal Process will apply to all EOS Cases that are filed after July 1, 2024.

A business day is any day that APS Central District office is open to conduct business with the public via phone, email, and/or in-person.

EOS will accept the appeal if it is postmarked within 10 business days of the Findings Letter date.

A party's representative may not have been a party or witness to the EOS investigation or otherwise have any conflict of interest.
The appeal submission is due within 10 business days of receiving the “Appeal Notice” from EOS.

Frequently Asked Questions about the EOS Appeal Process

What is an investigation appeal?

The Office of Equal Opportunity Services (EOS) is responsible for investigating complaints of discrimination and harassment based on state and/or federally protected characteristics identified and defined in civil rights and human rights laws and regulations. EOS also conducts investigations related to complaints arising from alleged Title IX violations, retaliation for participating in protected civil rights activity, and failure to accommodate disability, serious medical condition, pregnancy, lactation, and/or religious or sincerely held belief.

Once an investigation is complete, EOS informs all parties (including complainant(s) and respondent(s)) of the investigation findings. If a party is not satisfied with the outcome of the investigation, they may submit a written request to EOS requesting an appeal within ten (10) business days from the date of the findings letter provided to the parties by EOS.

Who can appeal?

Any party (complainant or respondent) to the investigated matter may appeal the investigation report finding(s).

Who hears and makes a determination of an appeal?

An appeal is heard by a designated Appeal Panel, comprised of three (3) appointed persons of supervisory or administrative rank/position within APS. The appeal panel members will be neutral and free of conflict of interest related to the investigation or the parties. EOS may choose to use more than three persons or outside parties such as attorneys, consultants or others when necessary to best ensure neutrality of the Appeal Panel members. These three persons will conduct a review of the investigation to determine whether the preponderance of the evidence supports the determination and findings.

Do parties need representation?

Parties are not required to obtain representation. However, either party may choose to have representation, including representation throughout the appeal process. Representation is not limited to only legal representation, but can include a union representative or some other professional colleague on the party’s behalf. If a party chooses to have representation, they must inform EOS, including the individual’s name and professional relationship to the party at the time they submit their appeal process submission.

How do parties participate in the investigation appeal process?

Parties who choose to participate in the appeals process can participate in one or more of the following ways:

(1) Submit a written statement to the Appeal Panel OR Provide audio or video recording of a personal statement to the Appeal Panel;

(2) Provide declarations or affidavits from witnesses; (4) Provide any written documentation or other evidence that was not provided to EOS during the investigation; and/or

(3) Advise EOS that they are willing to answer questions from the Appeal Panel.

I am not the party appealing the investigation findings. Am I required to participate in the appeal process?

A non-appealing party is not required to participate in the appeal process, but can choose to participate in the process. EOS encourages participation of all parties in this process to the extent they feel comfortable. Participation can include one or more of the following: (1) Submit a written statement to the Appeal Panel OR provide audio or video recording of a personal statement to the Appeal Panel; (2) Provide declarations or affidavits from witnesses; (3) Provide any written documentation or other evidence that was not provided to EOS during the investigation; (4) Advise EOS that they are willing to answer questions from the Appeal Panel.

Regardless of whether a non-appealing party decides to participate, it is the responsibility of EOS to provide justification of the original investigation findings to the Appeal Panel. EOS will do so through written documentation and by answering questions directed to it by the Appeal Panel.

Is the appeal panel decision the final decision?

The decision of the Appeal Panel is the final decision of the APS District in the EOS process. However, if a party is not satisfied at any time, including with the Appeal Panel’s decision, the party may file a complaint with the Office of Civil Rights (OCR) in Denver, Colorado. More information is available at the Office of Civil Rights, U.S. Department of Education, 1244 Speer Boulevard, Suite 310, Denver, Colorado, 80204-3582, 303-844-5695.

Individuals may also file complaints with any other civil rights entities such as the New Mexico Human Rights Division or the Equal Employment Opportunity Commission.

This page was last updated on: February 18, 2025.