The following actions by the student
conduct officer may be appealed by the complainant:
(a)The dismissal of a sexual misconduct
sanction(s) and conditions imposed against a respondent for a sexual misconduct
complainant may appeal a disciplinary decision by filing a notice of appeal
with the conduct review officer within twenty-one days of service of the notice
of the discipline decision provided for in WAC 132L-350-120
. The notice of
appeal may include a written statement setting forth the grounds of appeal.
Failure to file a timely notice of appeal constitutes a waiver of this right
and the disciplinary decision shall be deemed final.
(3)If the respondent timely appeals a
decision imposing discipline for a sexual misconduct violation, the college
shall notify the complainant of the appeal and provide the complainant an
opportunity to intervene as a party to the appeal.
(4) Except as otherwise specified in this
supplemental procedure, a complainant who timely appeals a disciplinary
decision or who intervenes as a party to respondent's appeal of a disciplinary
decision shall be afforded the same procedural rights as are afforded the
An appeal by a
complainant from the following disciplinary actions involving allegations of
sexual misconduct against a student shall be handled as a brief adjudicative
(a)Exoneration and dismissal of
(e)Suspensions of ten
instructional days or less; and/or
(f) Any conditions or terms imposed in
conjunction with one of the foregoing disciplinary actions.
(6)An appeal by a complainant from
disciplinary action imposing a suspension in excess of ten instructional days
or an expulsion shall be reviewed by the student conduct committee.
(7)In proceedings before the student conduct
committee, respondent and complainant shall have the right to be accompanied by
a nonattorney assistant of their choosing during the appeal process.
Complainant may choose to be represented at the hearing by an attorney at his
or her own expense, but will be deemed to have waived that right unless, at
least four business days before the hearing, he or she files a written notice
of the attorney's identity and participation with the committee chair, and with
copies to the respondent and the student conduct officer.
(8)In proceedings before the student conduct
committee, complainant and respondent shall not directly question or cross
examine one another. All questions shall be directed to the committee chair,
who will act as an intermediary and pose questions on the parties'
(9) Student conduct
hearings involving sexual misconduct allegations shall be closed to the public,
unless respondent and complainant both waive this requirement in writing and
request that the hearing be open to the public. Complainant, respondent and
their respective nonattorney assistants and/or attorneys may attend portions of
the hearing where argument, testimony and/or evidence are presented to the
student conduct committee.
chair of the student conduct committee, on the same date as the initial
decision is served on the respondent, will serve a written notice upon
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 complaintant of his or her appeal rights.
(11)Complainant may appeal the student
conduct committee's initial decision to the president subject to the same
procedures and deadlines applicable to other parties.
(12)The president, within a reasonable amount
of time after 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.