PDFWAC 132I-126-220

Appeal from disciplinary action.

(1) Except as specified for cases involving allegations of sex-based harassment, as set forth in WAC 132I-126-100 (13)(a), 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 and the student conduct officer.
(4) A respondent who timely appeals a disciplinary action or whose case is referred to the student conduct committee, has the 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 respondent has been summarily suspended.
(7) The student conduct committee shall hear appeals from:
(a) The imposition of disciplinary suspensions in excess of 10 instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the committee by the student conduct officer or the conduct review officer.
(8) Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed through a brief adjudicative proceeding:
(a) Suspensions of 10 instructional days or less;
(b) Disciplinary probation;
(c) Written reprimands; and
(d) Any disciplinary conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.
(9) Except as provided elsewhere in these rules, disciplinary warnings and exoneration are final actions and are not subject to appeal.
[Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-220, filed 10/11/24, effective 11/11/24. 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. WSR 21-14-003, § 132I-126-220, filed 6/23/21, effective 7/24/21.]