(1) Appeals can be made by the respondent (or complainant in 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) and must be made to the dean of students.
(2) The dean of students or their designee reviews the appeal.
(3) Where new information, unavailable at the time of the original meeting, that could substantially impact the original decision, is received, the dean of students or designee may then refer the complaint to the conduct officer for further action as appropriate. The dean of students or their designee may, at their discretion, refer the complaint to a different conduct officer for reconsideration.
(4) In appeals in which the possible or recommended sanction is not expulsion or suspension as determined by the conduct officer, a designee of the dean of students will consider the appeal and may hold an informal meeting, giving each party an opportunity to be informed of the conduct officer's view of the matter and to explain their view of the matter.
(5) In appeals in which the possible or recommended sanction is expulsion or suspension as determined by the conduct officer, the dean of students will review the available documentation including the appeal, any investigation report, the board's decision, and recordings. Any involved person (e.g., respondent, witnesses, complainant) may be called to meet if necessary and at the discretion of the dean of students.
(6) Respondent and complainant (if applicable) will be informed of the outcome of reviews and/or appeals simultaneously and in writing within 10 days.
(7) If there is no request for appeal received by the dean of students within 10 days, the decision of the conduct officer is considered final. If there is no request for review within five days (or 10 days of an appeals board decision), the decision is considered final.
[Statutory Authority: RCW
28B.35.120(12). WSR 24-21-105, s 516-21-290, 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, § 516-21-290, 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, § 516-21-290, 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, § 516-21-290, filed 12/9/11, effective 1/9/12.]