Wash. Admin. Code § 504-26-420 - Appeals
(1) Time for appeals. Decisions made by a
conduct officer or conduct board become final on the 21st calendar day after
the date the decision is sent to the parties, unless an appeal is submitted
within 20 calendar days of the date the decision is sent to the
parties.
(2) Effect of appeal -
Stay. Except in extraordinary circumstances, which must be explained in writing
in the conduct officer's or conduct board's initial order, the implementation
of an initial order assigning sanctions must be stayed pending the time for
filing an appeal and the issuance of the university's final order.
(3) Appeals of conduct officer decisions.
Upon receipt of a timely appeal, CCS provides the other parties, if applicable,
with a copy of the appeal and an opportunity to respond within 10 calendar
days. The appeals board then conducts a limited review as described below.
(a) Scope of review. Except as required to
explain the basis of new information, appeal of a conduct officer decision is
limited to a review of the record for one or more of the following purposes:
(i) To determine whether the conduct hearing
was conducted fairly in light of the charges and information presented, and in
conformity with prescribed procedures; deviations from designated procedures
are not a basis for sustaining an appeal unless procedural error affected the
outcome of the matter;
(ii) To
determine whether the decision reached was based on substantial information,
that is, whether there were facts in the case that, if believed by the fact
finder, were sufficient to establish that a violation of the standards of
conduct occurred;
(iii) To
determine whether the sanction(s) assigned were appropriate for the violation
of the standards of conduct that the respondent was found to have
committed;
(iv) To consider new
information, sufficient to alter a decision, or other relevant facts not
brought out in the original conduct officer hearing, because such information
and/or facts were not known to the person appealing at the time of the original
conduct officer hearing;
(v) To
consider whether or not the university had jurisdiction per WAC 504-26-015 to
address the situation through the community standards process. In cases
implicating the university's executive policy 15, the appeals board must
consult with the university's Title IX coordinator; or
(vi) To consider whether the Title IX
coordinator, investigator(s), or decision maker(s) had a conflict of interest
or bias for or against complainants or respondents generally or the individual
complainant or respondent that affected the outcome of the
matter.
(b) Conversion to
conduct board hearing. The appeals board makes any inquiries necessary to
ascertain whether the proceeding must be converted to a conduct board hearing
in accordance with WAC 504-26-403.
(4) Appeals of conduct board decisions. Upon
receipt of a timely appeal, CCS provides the other parties, if applicable, with
a copy of the appeal and an opportunity to respond within 10 calendar days.
The appeals board must have and exercise all the decision-making power that the conduct board had, except that the appeals board must give due regard to the conduct board's opportunity to observe the witnesses, if applicable. The appeals board members must personally consider the whole record or such portions of it as may be cited by the parties.
(5) University's right to initiate
appeal. The university president or designee, at their own initiative, may
request that the appeals board review any initial order. Prior to taking
action, the appeals board must notify the parties and allow them an opportunity
to explain the matter.
(6) Appeals
board decisions.
(a) Actions. After reviewing
the record and any information provided by the parties, the appeals board may
take the following actions:
(i) Affirm,
reverse, or modify the conduct board's or conduct officer's decision, or any
part of the decision;
(ii) Affirm,
reverse, or modify the sanctions assigned by the conduct board or conduct
officer, or any part of the sanctions; or
(iii) Set aside the findings or sanctions, or
any part of the findings or sanctions, and remand the matter back to the
conduct board or conduct officer with instructions for further
proceedings.
(b) Content
of decision. The decision includes the outcome, any sanction, and a brief
statement of the reasons for the decision. The letter must advise the parties
that judicial review may be available. For appeals of conduct board hearings,
the decision includes, or incorporates by reference to the conduct board's
decision, all matters as set forth in WAC 504-26-403.
(c) Service and effective date of decision.
For appeals of conduct officer decisions, the appeals board's decision must be
sent simultaneously to the parties within 20 calendar days of receipt of the
appeal. For appeals of conduct board decisions, the appeals board's decision
must be sent simultaneously to the parties within 30 calendar days of receipt
of the appeal, unless the appeals board notifies the parties in writing that
additional time (up to 90 calendar days) is needed. The appeals board's
decision is the final order of the university, except in the case of remand,
and is effective when sent.
(7) Reconsideration of final orders. Within
10 calendar days of service of a final order, any party may submit a request
for reconsideration. The request must be in writing, directed to the appeals
board, and must state the reasons for the request. The request for
reconsideration does not stay the effective date of the final order. However,
the time for filing a petition for judicial review does not commence until the
date the appeals board responds to the request for reconsideration or 21
calendar days after the request has been submitted, whichever is sooner. If the
appeals board does not respond to the request for reconsideration within 21
calendar days, the request is deemed to have been denied.
(8) Stay. A party may request that the
university delay the date that the final order becomes effective by requesting
a stay in writing to the appeals board within 10 calendar days of the date the
order was served.
Notes
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