(1) Any party, including a complainant when applicable, may appeal the committee's decision to the president by filing a notice of appeal with the president's office within 21 calendar days of service of the committee's initial decision or a written notice. Failure to file a timely appeal request within this time frame constitutes a waiver of the right and the decision shall be deemed final.
(2) The written appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain an argument as to why the appeal should be granted. Appeals may be based upon, but are not limited to:
(a) Procedural irregularity that would change the outcome;
(b) New evidence that would change the outcome and that was not reasonably available when the decision was made; and
(c) The investigator or decision maker had a conflict of interest or bias for or against a respondent or complainant individually or respondents or complainants generally.
(3) Upon receiving a timely appeal, the president or a designee will promptly serve a copy of the appeal on all nonappealing parties, who will have 10 business days from the date of service to submit a written response addressing the issues raised in the appeal to the president or a designee and serve it on all parties. Failure to file a timely response constitutes a waiver of the right to participate in the appeal.
(4) The president's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to 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.
(5) The president shall provide a written decision to all parties within 20 calendar days after receipt of the notice of appeal or receipt of the response from nonappealing parties, whichever is later. The president's decision shall be final subject to judicial review pursuant to chapter 34.05 RCW, Part V.
(6) The president shall not engage in an ex parte communication with any of the parties regarding an appeal.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-340, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13); P.L. 113-4, 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-340, filed 12/2/20, effective 1/2/21; WSR 19-01-082, § 132H-126-340, filed 12/17/18, effective 1/17/19.]