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132R-04-112  <<  132R-04-113 >>   132R-04-115

PDFWAC 132R-04-113

Appeal from disciplinary action.

(1) The respondent may appeal the results of a disciplinary action by filing a written notice of appeal with the conduct review officer within twenty calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's order shall be deemed final.
(2) The notice of appeal must include a brief statement explaining why the respondent is seeking review.
(3) The parties to an appeal shall be the respondent and the conduct review officer.
(4) A respondent, who timely appeals a disciplinary action or whose case is referred to the student disciplinary committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.
(5) In the event of a conflict between this student conduct code and the Administrative Procedure Act, chapter 34.05 RCW, this student conduct code will govern.
(6) The college hereby adopts the Model rules of procedure, chapter 10-08 WAC, by reference. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.
(7) Imposition of discipline for violation of the student conduct code shall be stayed pending appeal, unless respondent has been summarily suspended.
(8) The student disciplinary committee shall hear the following cases as fully adjudicated proceedings:
(a) Appeals from suspensions in excess of ten instructional days;
(b) Appeals from dismissals;
(c) Discipline cases referred to the committee by the student conduct officer, the conduct review officer, or the president; and
(d) Cases in which students request to have their discipline case heard by the committee.
(9) Student conduct appeals involving the following disciplinary actions shall be reviewed as brief adjudicative proceedings:
(a) Suspensions of ten instructional days or less;
(b) Disciplinary probation;
(c) Reprimands; and
(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.
[Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-113, filed 10/25/17, effective 11/25/17; WSR 16-15-011, § 132R-04-067, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-067, filed 7/14/03, effective 8/14/03.]
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