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PDFWAC 132K-135-180

Appeal from student conduct committee initial decision.

(1) A respondent who is aggrieved by the findings or conclusions issued by the student conduct 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 business 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 shall be deemed final.
(2) The written notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. 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 notice of appeal. If necessary to aid review, the president may ask for additional briefing from the parties on issues raised on appeal.
(3) The president shall provide a written decision to the respondent and the student conduct officer within thirty business days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.
(4) In cases involving allegations of sexual misconduct, 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 misconduct 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.
(5) The president has discretion to suspend any disciplinary action, summary suspension, or interim measures, pending review of the merits of the findings, conclusions, and disciplinary actions imposed.
(6) Per RCW 34.05.455 the president shall not engage in any improper "ex parte" communication with any of the parties regarding an appeal.
[Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-180, filed 5/13/21, effective 6/13/21; WSR 17-13-102, § 132K-135-180, filed 6/20/17, effective 7/21/17.]
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