(1) A student found in violation of the code may appeal the conduct officer's or board's findings and/or the sanctions imposed. For incidents involving violence and/or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, a complainant may also request an appeal. An appeal may be requested for any reason including:
(a) The proceedings were not conducted in conformity with prescribed procedures and significantly impacted the outcome of the student conduct process;
(b) The sanctions imposed are substantially disproportionate to the violation(s) committed;
(c) The decision reached did not properly consider the information presented; and/or
(d) New information becomes available that was unavailable at the time of the original meeting and could substantially impact the original decision. A summary of this new information and its potential impact must be included. The dean of students or designee may then refer the complaint to the conduct officer for further action as appropriate.
(2) The appeal must be submitted by the respondent or complainant (if applicable) in writing to the dean of students within 10 days of the decision. The appeal must state, as clearly and concisely as possible, the reason for the appeal.
(3) No sanction will begin while an appeal or request for review is pending. However, interim measures (e.g., administrative no-contact orders, trespass, loss of privileges) may continue.
[Statutory Authority: RCW
28B.35.120(12). WSR 24-21-105, s 516-21-280, filed 10/18/24, effective 11/18/24. Statutory Authority: RCW
28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 22-01-075, § 516-21-280, filed 12/10/21, effective 12/11/21. Statutory Authority: RCW
28B.35.120, chapter
34.05 RCW, and 20 U.S.C. 1681-1688. WSR 17-05-100, § 516-21-280, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW
28B.35.120(12) and 20 U.S.C. 1681-1688. WSR 12-01-021, § 516-21-280, filed 12/9/11, effective 1/9/12.]