Wash. Admin. Code § 132F-121-350 - Appeals
(1) All parties,
including the student conduct officer in their capacity as a representative of
the college, have the right to appeal from the determination of responsibility
and/or from a dismissal, in whole or part, of a formal complaint during the
investigative or hearing process. Appeals must be in writing and filed with the
president's office within 21 days of service of the initial order or notice of
dismissal. Appeals must identify the specific findings of fact and/or
conclusions of law in the initial order or dismissal that the appealing party
is challenging and must contain argument as to why the appeal should be
granted. Failure to file a timely appeal constitutes a waiver of the right to
appeal and the initial order or dismissal shall be deemed final.
(2) Upon receiving a timely appeal, the
president's office will serve a copy of the appeal on all parties, who will
have 10 days from the date of service to submit written responses to the
president's office addressing issues raised in the appeal. Failure to file a
timely response constitutes a waiver of the right to participate in the appeal.
Upon receipt of written responses, the president's office shall serve copies of
the responses to the other parties.
(3) Parties receiving a copy of the responses
shall have five days in which to submit a written reply addressing issues
raised in the responses to the president's office.
(4) The president or their delegate, based on
their review of parties' submissions and the hearing or investigative record,
will determine whether the grounds for appeal have merit, provide the rationale
for this conclusion, and state whether a dismissal if affirmed or denied, or if
the disciplinary sanctions and conditions imposed in the initial order are
affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
sanctions and conditions.
(5) The
president's office shall serve the final decision on the parties
simultaneously.
(6) All
administrative decisions reached through this process may be judicially
appealed pursuant to applicable provisions of chapter 34.05 RCW including, but
not limited to, the timelines set forth in
RCW
34.05.542.
Notes
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