495A-121-066 - Appeal of the student/faculty disciplinary committee's decision

495A-121-066. Appeal of the student/faculty disciplinary committee's decision

For complaints involving student misconduct that allege Title IX violations refer to WAC 495A-115-080 for a description of the appeal procedure. For other disciplinary complaints:

(1) A respondent who is aggrieved by the findings or conclusions issued by the student/faculty disciplinary committee may appeal the committee's initial decision to the president by filing a written notice of appeal with the president's office within ten days of service of the committee's initial decision. Failure to file a timely appeal constitutes a waiver of the right, and the initial decision is deemed final.

(2) The written notice of appeal must identify the specific findings of fact and conclusions of law in the initial decision that are challenged and must contain arguments why the appeal should be granted. The president's review is restricted to the hearing record made before the student/faculty disciplinary committee and normally limited to a review of those issues and arguments raised in the notice of appeal. If necessary to aid review, the president may ask for additional briefings from the parties on issues raised on appeal.

(3) The president will provide a written decision to the respondent and the student conduct officer within thirty calendar days after receipt of the notice of appeal. The president's decision is final and includes a notice of the rights to request reconsideration or judicial review.

(4) The president has discretion to suspend the disciplinary action pending review of the merits of the findings, conclusions, and disciplinary actions imposed.

(5) Per RCW 34.05.455 the president shall not engage in improper "ex parte" communication with the parties regarding an appeal.

(Amended by WSR 19-14-073, Filed 6/30/2019, effective 7/31/2019 Amended by WSR 20-24-107, Filed 12/1/2020, effective 1/1/2021)

Statutory Authority: RCW 28B.50.140(10). 00-11-147, ยง 495A-121-066, filed 5/24/00, effective 6/24/00.

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