Wash. Admin. Code § 495B-121-330 - Student conduct committee-Review of initial decision
(1) Any party who is aggrieved by the
findings or conclusions issued by the student conduct committee may appeal the
committee's decision to the president by filing a written appeal with the
president's office within 21 calendar days of service of the committee's
decision. Failure to file a timely appeal constitutes a waiver of the right and
the initial decision shall be deemed final.
(2) The written 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. Appeals may be based upon, but are not limited to:
(a) Procedural irregularity that would change
the outcome;
(b) New evidence that
would change the outcome and that was not reasonably available when the initial
decision was made; and
(c) The
investigator, decision maker, or Title IX coordinator had a conflict of
interest or bias for or against a respondent or complainant individually or
respondents or complainants generally.
(3) Upon receiving a timely appeal, the
president or a designee will promptly serve a copy of the appeal on all
nonappealing parties, who will have 10 business days from the date of service
to submit a written response addressing the issues raised in the appeal to the
president or a designee, and serve it on all parties. Failure to file a timely
response constitutes a waiver of the right to participate in the
appeal.
(4) If necessary to aid
review the president may ask for additional briefing from the parties on issues
raised on appeal. The president's review shall be restricted to the hearing
record made before the student conduct committee and will normally be limited
to a review of those issues and arguments raised in the appeal.
(5) The president shall provide a written
decision to all parties and their attorneys, if any, within 20 calendar days
after receipt of the notice of appeal. The president's decision shall be final
and subject to judicial review pursuant to chapter 34.05 RCW, Part V.
(6) In cases involving allegations of sexual
harassment, 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
harassment 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.
(7) The president shall not engage in any "ex
parte" communication with any of the parties regarding an appeal.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Any party, including a complainant in sex-based harassment cases, may appeal the committee's decision to the president by filing a written appeal with the president 's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.
(2) The written 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. Appeals may be based upon, but are not limited to:
(a) Procedural irregularity that would change the outcome;
(b) New evidence that would change the outcome and that was not reasonably available when the initial decision was made; and
(c) The investigator, decision maker, or Title IX coordinator had a conflict of interest or bias for or against a respondent or complainant individually or respondents or complainants generally.
(3) Upon receiving a timely appeal, the president or a designee will promptly serve a copy of the appeal on all nonappealing parties, who will have 10 business days from the date of service to submit a written response addressing the issues raised in the appeal to the president or a designee, and serve it on all parties. Failure to file a timely response constitutes a waiver of the right to participate in the appeal.
(4) If necessary to aid review the president may ask for additional briefing from the parties on issues raised on appeal. The president 's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the appeal.
(5) The president shall provide a written decision to all parties and their attorneys, if any, within 20 calendar days after receipt of the notice of appeal. The president 's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.
(6) In cases involving allegations of sex-based harassment, the president 's decision must be served simultaneously on the complainant , respondent , and Title IX coordinator .
(7) The president shall not engage in any "ex parte" communication with any of the parties regarding an appeal.