PDFWAC 495B-121-285
Appeal from disciplinary action.
(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within 21 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 decision 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, complainant if any, and the conduct review officer.
(4) A respondent, who timely appeals a disciplinary action or whose case is referred to the student conduct committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.
(5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence.
(6) Imposition of disciplinary action for violation of the student conduct code shall be stayed pending appeal, unless the respondent has been summarily suspended.
(7) A conduct review officer shall conduct a brief adjudicative proceeding for appeals of:
(a) Suspensions of 10 instructional days or less;
(b) Disciplinary probation; and
(c) Written reprimands; and
(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.
(8) The student conduct committee shall hear appeals from:
(a) Disciplinary suspensions in excess of 10 instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the committee by the student conduct officer or their designee, a conduct review officer, or the president.
(9) In cases involving allegations of sexual harassment, the complainant has the right to appeal the following actions by the student conduct officer following the same procedures as set forth above for the respondent:
(a) The dismissal of a sexual harassment complaint; or
(b) Any disciplinary sanction(s) and conditions imposed against a respondent for a sexual harassment violation, including a disciplinary warning.
(10) If the respondent timely appeals a decision imposing discipline for a sexual harassment violation, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.
(11) Except as otherwise specified in this chapter, a complainant who timely appeals a disciplinary decision or who intervenes as a party to a respondent's appeal of disciplinary decisions shall be afforded the same procedural rights as are afforded the respondent.
(12) The college may, in its sole discretion, contract with an administrative law judge or other qualified person(s) to act as the conduct review officer, authorized to exercise any or all duties of the conduct review officer.
[Statutory Authority: RCW 28B.50.140(13). WSR 25-11-048, s 495B-121-285, filed 5/15/25, effective 6/15/25; WSR 25-02-031, s 495B-121-285, filed 12/19/24, effective 1/19/25. Statutory Authority: Chapter 34.05 RCW; and RCW 28B.50.140(13); 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; RCW 28B.50.130. WSR 21-07-085, amended and recodified as § 495B-121-285, filed 3/18/21, effective 4/18/21. Statutory Authority: RCW 28B.50.130. WSR 16-08-029, § 495B-121-080, filed 3/30/16, effective 4/30/16.]