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PDFWAC 174-123-390

Initiation of discipline.

(1) Upon receiving the Title IX investigation report from the Title IX coordinator, the student conduct official will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.
(2) If the student conduct official determines that there are sufficient grounds to proceed under these procedures, the student conduct official will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the chair of the hearing panel. The hearing panel chair will serve the notice on the respondent and the complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX jurisdiction;
(b) Identify the alleged Title IX violation(s);
(c) Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s); and
(e) Explain that the parties are entitled to be accompanied by their chosen advisors during the hearing and that:
(i) The advisors will be responsible for questioning all witnesses and the other party(ies) on the party's behalf;
(ii) An advisor may be an attorney; and
(iii) Evergreen will appoint the party an advisor of the college's choosing at no cost to the party, if the party fails to do so; and
(iv) A party may select to have an individual as emotional support with them during Title IX processes. This individual is separate from an advisor, and will serve the purpose of providing care and emotional support for the party, but will not participate during the processes.
(3) Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.
[Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, ┬ž 174-123-390, filed 4/26/21, effective 5/27/21.]
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