WAC 495B-121-391

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal the determination of responsibility and/or dismissal, in whole or in part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the Title IX coordinator or designee within 21 calendar days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions in the initial order or notice of dismissal that the appealing party is challenging and must contain arguments 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. Upon receipt of a written appeal, the Title IX coordinator or designee will identify an appeal officer, who will be responsible for the following procedural steps.

(2) Upon receiving a timely appeal, the appeal officer will serve a copy of the appeal on all nonappealing parties and their respective advisors, who shall have 10 calendar days from the date of service to submit a written response to the appeal officer addressing the 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 appeal officer shall serve copies of the responses to the appealing party.

(3) The appeal party shall have five calendar days from the date of service to submit a written reply addressing issues raised in the responses to the appeal officer.

(4) The appeal officer, 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 is affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, propose new disciplinary sanctions and/or conditions. The vice president of student services or designee is responsible for approval and implementation of any proposed amended disciplinary sanctions and/or conditions, including disciplinary suspension or dismissal, as outlined in WAC 495B-121-275.

(5) The appeal officer shall serve the final decision on the parties simultaneously. The appeal officer shall also promptly transmit a copy of the final decision to the Title IX coordinator.

(6) All decisions reached through this process are final and 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.