Wash. Admin. Code § 174-123-260 - Filing of appeal
(1) A respondent may appeal a student conduct
official's determination of responsibility and required resolution and
sanction(s) by filing a written notice of appeal to the senior college official
within ten calendar days of service of the student conduct official's
determination. Failure to file a notice of appeal within the time period
constitutes the waiver of the right to appeal and the student conduct
official's determination of responsibility and required resolution and
sanction(s) will be final.
(2) The
student filing the notice of appeal must include a brief statement explaining
why they are seeking review of the determination of responsibility and/or
required resolution and sanction(s).
(3) Except in cases of interim measures,
including interim suspension and/or interim restriction(s), the required
resolutions and sanction(s) will be on hold pending the outcome of an appeal.
Interim measures will remain in place pending the outcome of the
appeal.
(4) The parties to an
appeal will be the appellant and the student conduct official.
(5) On appeal, the college bears the burden
of establishing the evidentiary facts underlying the determination of
responsibility and required resolution by a preponderance of the
evidence.
(6) The appellant has a
right to a prompt and fair hearing as provided for in these
procedures.
(7) Student conduct
appeal to determinations in which the required resolution and sanction(s)
include the following will be reviewed through a brief adjudicative proceeding:
(a) Suspensions of ten days or
less;
(b) College housing
suspension or eviction;
(c)
Deferred action;
(d) Probation;
and
(e) Any conditions or terms
imposed in conjunction with one of the foregoing resolution and
sanctions.
(8) Student
conduct appeal to determinations in which the required resolution and
sanction(s) include the following will be reviewed by the student conduct
appeal panel:
(a) Suspensions in excess of
ten days;
(b) College expulsions;
and
(c) Complaints referred to the
panel by the student conduct review officer or senior college official, or
designee.
(9) Except as
provided elsewhere in this code, warnings and findings of no responsibility are
final and are not subject to appeal.
(10) In cases involving allegations of
assault or non-Title IX sexual misconduct, the complainant has the right to
appeal the following outcomes using the same procedures as set forth above for
the respondent:
(a) The determination of
responsibility; or
(b) Any required
resolutions and sanction(s) imposed including a disciplinary warning.
(11) If the respondent appeals a
decision imposing discipline for an assault or non-Title IX sexual misconduct
violation, the college will notify the complainant of the appeal and provide
the complainant an opportunity to participate in the appeal.
(12) Except as otherwise specified in the
code, a complainant who appeals a determination of responsibility and required
resolution and sanction(s) within ten calendar days of notice of the
determination, or who participates as a party to a respondent's appeal of a
determination of responsibility and required resolution and sanction(s) will be
afforded the same procedural rights as are afforded the respondent.
Notes
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