Wash. Admin. Code § 132H-126-340 - Student conduct committee- Review of an initial decision
(1) A respondent,
or a complainant in a case involving allegations of sexual misconduct, who is
aggrieved by the findings or conclusions issued by the student conduct
committee may request a review of the committee's initial decision to the
president by filing a notice of appeal with the president's office within
twenty-one days of service of the committee's initial decision or a written
notice. Failure to file a timely appeal request within this time frame
constitutes a waiver of the right and the initial decision shall be deemed
final.
(2) The notice of appeal
must identify the specific findings of fact and/or conclusions of law in the
initial decision that are challenged and must contain an argument as to why the
appeal should be granted. The president's review shall be restricted to the
hearing record made before the student conduct committee and will normally be
limited to those issues and arguments raised in the notice of appeal. As part
of the review process, the president may ask the nonappealing party(ies) to
respond to the arguments contained in the notice of appeal.
(3) The president shall provide a written
decision to all parties within thirty days after receipt of the notice of
appeal or receipt of the response from nonappealing parties, whichever is
later. The president's decision shall be final and shall include a notice of
any rights to request reconsideration and/or judicial review.
(4) In cases involving allegations of sexual
misconduct, the president, on the same date that the final decision is served
upon the respondent, shall serve a written notice informing the complainant of
the final decision. This notice shall inform the complainant whether the sexual
misconduct allegation was found to have merit and describe any disciplinary
sanctions and/or conditions imposed upon the respondent for the complainant's
protection, including suspension or dismissal of the respondent.
(5) The president shall not engage in an ex
parte communication with any of the parties regarding an appeal.
Notes
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