(1) Upon receiving a Title IX investigation report from the Title IX coordinator, the decision maker 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 decision maker determines that there are sufficient grounds to proceed under these supplemental procedures, the decision maker will initiate a Title IX disciplinary proceeding by serving 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);
(e) Explain that the parties are entitled to be accompanied by their chosen advisors during a hearing and that:
(i) An advisor may be an attorney; and
(ii) The agency will appoint an advisor of the agency's choosing at no cost to the party, if the party failed to do so; and
(f) Explain that if a party fails to appear at a hearing, a decision of responsibility may be made in their absence.
[Statutory Authority: Chapter 34.05 RCW, RCW 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and Title IX of the Education Amendments of 1972, 20 U.S.C. ยง 1681 et seq. WSR 25-22-092, s 148-120-920, filed 11/4/25, effective 12/5/25.]