(1) Following a hearing, the hearing officer will apply the preponderance of the evidence standard described in WAC 478-121-655
(6) and issue a written determination regarding responsibility in accordance with RCW 34.05.461
, which will be simultaneously served on the parties. The written determination will include:
(a) Identification of the allegations as defined in WAC 478-121-605
(b) A description of procedural steps taken from receipt of the formal complaint through the determination;
(c) Findings of fact supporting the hearing officer's determination;
(d) Conclusions regarding the application of Part VII of this code to the facts and the rationale for those conclusions; and
(e) Directions as to any sanctions imposed on the respondent or remedies provided to the complainant.
(2) One or more of the disciplinary sanctions outlined in WAC 478-121-210
may be imposed for any violation of EDFR prohibited conduct. In determining an appropriate sanction, if any, the hearing officer may consider the factors contained in WAC 478-121-210
(2) and (3), which are incorporated herein by this reference. Remedies for the complainant may be the same as the individualized services that comprise supportive measures or may be effectuated via sanctions impacting the respondent.
(3) The hearing officer must provide the written determination to the parties simultaneously and include the university's procedures for the parties to appeal. The determination regarding responsibility and any applicable sanction imposed becomes final and effective either on the date that the university provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
[Statutory Authority: RCW 28B.20.130
and 34 C.F.R. Part 106. WSR 21-07-047, § 478-121-660, filed 3/11/21, effective 4/11/21.]