Wash. Admin. Code § 132E-122-300 - Brief adjudicative proceedings - Review of initial decision

(1) An initial decision is subject to review by the vice president of instruction and student services, provided a party files a written request for review with the conduct review officer within ten business days of service of the initial decision.

(2) The vice president of instruction and student services shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

(3) During the review, the vice president of instruction and student services shall give each party an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to ascertain whether the sanctions should be modified or whether the proceedings should be referred to the student conduct committee for a formal adjudicative hearing.

(4) The decision review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within twenty business days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the vice president of instruction and student services does not make a disposition of the matter within twenty business days after the request is submitted.

(5) If the vice president of instruction and student services upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than ten instructional days or expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

(6) In cases involving allegations of sexual misconduct, the vice president of instruction and student services, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. The notice will also inform the complaint of their appeal rights.

Notes

Wash. Admin. Code § 132E-122-300

Adopted by WSR 18-01-119, Filed 12/19/2017, effective 1/19/2018