Pursuant to chapter 34.05 RCW and the authority granted by RCW 28B.20.130, the board of regents of the University of Washington has established rules regarding student conduct and student discipline (code) that are set forth in chapter 478-121 WAC. ((The university has also developed agency-level policies and procedures regarding the code pursuant to chapter 34.05 RCW. See Student Governance and Policies, chapters 209 and 210.))

(1) This conduct code applies to all students from the time of admission through the actual conferral of a degree, including any period between terms of enrollment. When a complainant or respondent is both a student and an employee of the university, the university will make a fact-specific inquiry to determine whether the requirements of the code apply.

(2) The disciplinary sanctions specified in WAC 478-121-210, up to and including suspension or dismissal, may be imposed on any student or student organization found responsible for prohibited conduct set forth in WAC 478-121-100 through 478-121-173((, WAC 478-121-605,)) and as described in relevant university policies. Allegations of prohibited conduct involving student organizations are adjudicated through the brief adjudication process and are not subject to the full adjudication process.

Research misconduct, as defined in WAC 478-121-145, is a form of prohibited conduct under this code. Federal rules and policies, however, regulate the handling of research misconduct matters when university research is supported by federal funding. These federal requirements are incorporated into the university's Executive Order No. 61, Research Misconduct Policy, which governs the handling of research misconduct allegations against students participating in research on behalf of the university, as is further explained in that executive order. The disciplinary sanction provisions of this code, WAC 478-121-210 through 478-121-213, apply if there has been a finding of research misconduct against a student under Executive Order No. 61. The ((administrative review))appeal provisions of this code, WAC 478-121-320 through 478-121-345, apply to the extent such ((review))appeal is permitted by Executive Order No. 61.

(1) The scope of the university's jurisdiction includes reports that prohibited conduct occurred:

(a) On any university premises or in connection with any university-sponsored program or activity, regardless of the location of the program or activity; or

(b) Off campus (i.e., conduct that does not occur on university premises or in the context of a university-sponsored program or activity) where: The university reasonably determines that the conduct adversely affects a university interest or, has continuing adverse effects or may create a hostile environment on university premises or in the context of a university-sponsored program or activity.

(2) Nothing in this conduct code shall be construed to limit academic action that may be taken by schools, colleges, or programs against a respondent based on an established violation of this conduct code that demonstrates a failure to meet the academic and/or professional standards of the school, college, or program.

(3) If a respondent withdraws from the university (or fails to reenroll) while a conduct proceeding is pending, the university may move forward with the conduct proceeding and, if so, the respondent will be provided with a continued opportunity to participate.

(4) ((Under regulations established by the United States Department of Education, 34 C.F.R. Part 106, the prohibited conduct defined in WAC 478-121-605 must be addressed as provided under Part VII of this code, not as provided under Parts II through V, if, and only if: It is alleged to have occurred in a university education program or activity, and it is against a person in the United States.))The conduct office will determine whether the university has jurisdiction based on the information available through the report to the university and initial assessment.

(1) If any provision or clause of this chapter 478-121 WAC, or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application and, to this end, the provisions of these rules are declared to be severable.

(2) These rules are additional to any others duly promulgated by the university.

For the purposes of this conduct code, the following definitions apply:

(1) Advisor. Advisor refers to a hearing advisor or support advisor who accompanies a party to proceedings under this code. Support advisors and hearing advisors may be referred to collectively as advisors. A hearing advisor may take an active role in proceedings, such as giving remarks or making requests. A support advisor may not actively participate in proceedings but can be present and can provide information to the relevant party. The involvement and actions of the advisor in conduct proceedings are subject to the limitations and requirements of WAC 478-121-243, as well as direction from the presiding officer.

(5)Attorney. Attorney is a person ((permitted))licensed to practice law ((in Washington state)).

(((2)))(6)Complainant. A ((complainant is the)) person who is ((the subject of the prohibited))alleged to have experienced conduct prohibited by this code, whether or not ((that person made)) a report has been made that a violation of the code had been committed against ((them))the person.

(((3)))(7) Complaint. An oral or written request to the university to investigate and make a determination about prohibited conduct under this code.

(8)Conduct hold. A conduct hold refers, collectively, to administrative ((notes on a student's record))actions, such as registration holds, degree holds, and transcript holds, that enable the conduct ((officer))office to monitor the registration and enrollment status of a student for the purpose of administering this code.

(((4)))(9)Conduct officer.A conduct officer is ((an individual who has the authority to initiate))a person designated by the university to conduct proceedings under Part IV of this code, including initiating conduct proceedings, completing ((fact finding))investigations, and issuing initial orders. A conduct officer ((under this code)) is considered a "presiding officer" ((under chapter 34.05 RCW for the purpose of conducting a brief adjudicative proceeding))unless and until Part IV proceeding is converted to a full adjudicative proceeding under Part V.

(((5)))(10)Conduct proceedings. Conduct proceedings refer((s)) to brief adjudicative proceedings and full adjudicative proceedings, individually or collectively((, under chapter 34.05 RCW)).

(((6)))(11) Consent to sexual activity. Consent to sexual activity means that at the time of and throughout the sexual activity, there are words or conduct that reasonably communicate freely given agreement to engage in that activity between or among the participants. For the purposes of determining whether consent was present:

(12)FERPA. FERPA refers to the ((federal)) Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99).

(((7) Full))(13) Hearing.((Full))Hearing refers to the hearing that occurs ((when a matter is designated as being appropriate for a full adjudicative proceeding, consistent with WAC 478-121-400 through 478-121-427 of this code))during a full adjudicative proceeding under Part V of this chapter.

(((8)))(14)Hearing officer. A hearing officer is a (("presiding officer" in a full hearing for the purpose of conducting a full adjudicative proceeding under chapter 34.05 RCW.))person designated by the university to conduct a full adjudicative proceeding under Part V of this conduct code. A hearing officer is also considered a "presiding officer."

(((9)))(15)Presiding officer. Presiding officer refers to conduct officers and hearing officers individually or collectively.

(((10)))(16) Relevant. Relevant means related to the report of prohibited conduct and of assistance to the presiding officer in determining whether the reported conduct occurred.

(18)Respondent. A respondent is any student or student organization reported to have engaged in or charged with prohibited conduct under ((the))this conduct code.

(((11) Review coordinator. A review coordinator is an individual who may be appointed to a review panel as a nonvoting member who manages the administrative review process.

(14)))(19)Student. A student is any person enrolled in or taking courses at or through the university, either full-time or part-time, including credit, noncredit, online, and nondegree courses, and any person who has been notified of acceptance for admission by the university. A student who withdraws from a course or from the university, graduates, or completes courses after the date of an alleged violation, or who is not enrolled for a particular quarter or quarters, but has a continuing relationship with the university, is still considered a student for purposes of this conduct code.

(((15)))(20)Student organization. Student organization is a group of students that has complied with the requirements for university recognition or ((who is))has been otherwise granted any rights or privileges by the university as a university affiliate. Student organizations include, but are not limited to, athletic teams or clubs, registered student organizations (RSOs), university service clubs, and sororities and fraternities.

(((16)))(21) Supportive measures. Supportive measures are individualized and nonpunitive services offered to complainants and respondents as reasonable and appropriate, without fee or charge.

(22)University community. The university community includes all university students, employees, guests of and visitors to the University of Washington((, and other individuals affected by the conduct of a university student)).

(((17)))(23)University official. University official means employees of the ((University of Washington))university performing their assigned administrative, professional, or paraprofessional duties.

(((18)))(24)University premises. University premises includes all of the ((University of Washington's))university's campus buildings, grounds, and facilities, all of its extension and research locations, and all other university-leased, -owned, or -managed buildings, grounds, and facilities, including its global learning centers and study abroad program sites, as well as university-sponsored and/or -hosted online platforms.

Prohibited conduct under this code includes((, but is not limited to,)) the prohibited conduct described in WAC 478-121-100 through 478-121-173, and WAC 478-121-605((, and relevant university policies. For additional interpretation of prohibited conduct, see Student Governance and Policies, chapter 209, student conduct policy for academic misconduct and behavioral misconduct, and chapter 210, student conduct policy for discriminatory and sexual harassment, intimate partner violence, sexual misconduct, stalking, and retaliation)).

(1) The conduct office may elect not to initiate a conduct proceeding regarding alcohol or other drug violations against a student who, while in the course of helping another student seek medical assistance, admits to the unlawful possession or use of alcohol or drugs, provided that the possession was for personal consumption and the use did not place the health or safety of any other person at risk.

(2) The university may initiate an assessment or educational discussion or impose other nondisciplinary requirements based on admission to alcohol or drug use or possession.

(3) In addition, a conduct proceeding will not be initiated against a complainant, reporting student, or witness who admits to the possession or use of alcohol or drugs in connection with a report or during the course of proceedings under this code.

Abuse of others and threats includes making threats in a manner that causes a reasonable fear of bodily harm in another. It also includes assault and other forms of physical abuse of any person, or any conduct intended to threaten bodily harm or to endanger the health or safety of any person.

(1) Abuse of the student conduct process includes:

(a) Attempting to influence the impartiality or participation of any presiding officer or any ((reviewing))appeal officer;

(b) Influencing or attempting to influence another person to commit an abuse of the student conduct process; or

(c) Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in the conduct process.

(2) This provision does not apply to reports made or information provided in good faith, even if the respondent is ultimately found not responsible in that conduct proceeding.

Academic misconduct includes:

(1) "Cheating" which includes, but is not limited to:

(a) The use of unauthorized assistance, including assistance from another individual or the use of generative artificial intelligence, in taking quizzes, tests, or examinations, or completing assignments;

(b) The acquisition, use, or distribution of unpublished materials created by another student without the express permission of the original author(s);

(c) Using online sources((, such as solution manuals,)) without the permission of the instructor to complete assignments, exams, tests, or quizzes; or

(d) Requesting, hiring, or otherwise encouraging someone to take a course, exam, test, or complete assignments for a student.

(2) "Falsification," which is the intentional use or submission of falsified data, records, or other information including, but not limited to, records of internship or practicum experiences or attendance at any required event(s), or scholarly research.

(3) "Plagiarism," which is the submission or presentation of someone else's words, composition, research, or expressed ideas, whether published or unpublished, without attribution. Plagiarism includes, but is not limited to:

(a) The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; or

(b) ((The unacknowledged use of))Submission as one's own, expressly or implicitly, materials prepared by another ((person)) or acquired from ((an entity engaging))a person or entity engaged in the selling or other distribution of ((term))exams, papers, assignments, or other academic materials.

(4) Unauthorized collaboration.

(5) Engaging in behavior specifically prohibited by an instructor in the course of class instruction or in a course syllabus.

(6) Multiple submissions of the same work in separate courses without the express permission of the instructor(s).

(7) Taking deliberate action to destroy or damage another's academic work in order to gain an advantage for oneself or another.

(8) The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation, and/or the dissemination or use of such unauthorized records.

Students may be found responsible for prohibited conduct if they:

(1) Aid or assist another ((student or student organization))person or group of persons in the commission of prohibited conduct;

(2) Request, hire, or incite another person or group of persons to commit, or participate in the planning for another person to commit, prohibited conduct, either intending that the other person commit the prohibited conduct or with the knowledge that the other person intends to commit the prohibited conduct; or

(3) Attempt to commit prohibited conduct.

((The unlawful))Any possession, use, distribution, or manufacture of alcohol that is unlawful or violates university policy.

Computer abuses include, but are not limited to:

(1) Unauthorized use of university computer resources;

(2) Use of another person's university ((user name))username and/or password;

(3) Use of university computing facilities and resources to interfere with the work of another student, an instructor, or other university official;

(4) Use of university computing facilities or resources to send intimidating, harassing, or threatening messages;

(5) Use of a computer or software to interfere with normal operations of the university's computing systems;

(6) Use of the university's computing facilities or resources in violation of any law, including copyright laws; and

(7) Any violation of the university's computer use policies.

In furtherance of the university's interest in maintaining positive relationships with its surrounding communities, the university ((shall have the authority))may choose to hold students accountable under this ((conduct)) code for misconduct within any residential or commercial communities adjacent to a university campus((. Conduct proceedings may be initiated if)), including where the university is made aware that a student or student organization has been contacted by ((a)) law enforcement ((agency)) regarding, and is determined to have engaged in, conduct that ((is in violation of a))may violate state statute or municipal ordinance and ((has))could have a direct quality of life impact on community residents or businesses, including, but not limited to, creating a public nuisance due to noise, residential disturbance, intentional or negligent destruction of property, urinating in public, ((or criminal)) trespass, or the improper disposal, abandonment, or unauthorized dumping of personal property, including furniture, appliances, mattresses, or other household items, in or around university housing, dumpsters, common areas, sidewalks, parking areas, or other university property.

Physical or sexual violence, or the threat of such violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be determined based on the length and type of relationship as well as the frequency of interaction between the individuals involved in the relationship. Dating violence can also include emotional abuse, including behaviors that are intended to intimidate or isolate someone.

Any differential treatment of a person compared to others in similar circumstances, that denies or limits a person's equal access to university programs or activities or adversely affects a person's employment or education at the university, based in whole or in part on actual or perceived protected characteristics. Protected characteristics are personal characteristics protected under federal or state law that are included in the university's statement of nondiscrimination in Executive Order 81.

((Discriminatory harassment includes verbal, physical, electronic, or other conduct based on an individual's race, color, creed, religion, national origin, citizenship, sex, age, pregnancy, marital status, sexual orientation, gender identity or expression, disability, or veteran status when one of the conditions outlined in subsection (1) or (2) of this section is present:

(2) Such conduct creates a hostile environment, which is created when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual's academic or work performance, ability to participate in or benefit from the university's programs, services, opportunities, or activities, or the receipt of legitimately requested services when viewed through both a subjective and objective standard.))Unwelcome conduct based on an individual's actual or perceived protected characteristics that is so severe, pervasive, or persistent that a reasonable person would find it limits or interferes with the individual's access to university programs or activities, or adversely affects the conditions the individual's university employment. Discriminatory harassment, as defined by this code, does not include conduct that falls under this code's definition of sexual harassment.

(1) Disruption, hindering, impeding, or obstruction includes:

(b) Materially and substantially ((obstructing))hindering, impeding, or disrupting, through words or conduct, the teaching or learning environment of any university educational setting, or any university functions or activities.

(2) An instructor has the authority to exclude a student from any individual class session or other academic activity in which the student is materially disruptive or obstructive and may also make a report in accordance with this code and university policy.

Physical or sexual violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom a complainant shares a child in common, by a person cohabitating or who has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic violence laws of Washington, or by any other person against a complainant who is protected from that person's acts under the domestic or family violence laws of Washington.

(1) The unauthorized publication of another individual's personal identifying information when the following conditions are met:

(a) The person has not consented to publication of their personal identifying information;

(b) The publication is made with the intent or knowledge that the information will be used to harm the individual whose information is published, or with reckless disregard for the risk the information will be used to harm the individual whose information is published; and

(c) The publication causes the person to suffer physical injury, significant economic injury, mental anguish, fear of serious bodily injury or death for themselves or a close relation, or substation life disruption.

(2) Doxing does not include legally protected conduct that falls within one of the exceptions contained in RCW 4.24.792.

The possession, use, distribution, or manufacture of controlled substances (as defined in chapter 69.50 RCW or 21 U.S.C. Sec. 802) on university premises or during university-sponsored activities where such possession, use, distribution, or manufacture is illegal under federal, state, or local law, or is prohibited under university policy. This includes the possession, use, distribution, or growing of marijuana in all forms during university-sponsored activities or on university premises, including in university housing.

Failure to comply includes, but is not limited to:

(1) Any failure to comply with the directions of ((any))law enforcement, emergency personnel, or university officials acting in the performance of their duties;

(2) Any failure to identify oneself to university officials when requested to do so; or

(3) Any failure to comply with the rules, regulations, procedures, policies, standards of conduct, ((or any)) order, or directive of the university or any of its schools, colleges, ((and)) departments, offices, or units.

(1) Harassment or bullying is language or conduct that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the university's programs, services, opportunities, or activities, when viewed through both an objective and subjective standard. This includes harassment or bullying that occurs through electronic means, such as electronic media, the internet, social ((networks))media platforms, blogs, ((cell)) phones, or text messages.

All students, student organizations, athletic teams, and living groups are prohibited from participating in hazing.

(1) Hazing includes:

(a) Conduct associated with recruitment, initiation ((or)), pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group, that causes, or is likely to cause, bodily danger, or physical harm, or serious psychological or emotional harm, to any student or other person. ((This conduct))Hazing includes, but is not limited to, subjecting a person to a risk of the harms just mentioned, regardless of the person's willingness, through embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation, or through causing, directing, coercing, or forcing another to participate in:

(i) Humiliation by ritual act;

(ii) Striking oneself or another person whether by use of any object or any part of one's body;

(iii) Causing someone to experience excessive fatigue or physical and/or psychological shock;

(iv) Causing someone to engage in degrading or humiliating games or activities ((that create a risk of serious psychological, emotional, and/or physical harm)); or

(v) Encouraging or promoting the ((unlawful possession, forced or coerced use, or competitive or ritualistic consumption of))excessive consumption of food, liquid, alcohol, drugs, or other substances, including competitive or ritualistic consumption.

(b) Hazing also includes conduct that is not a violation of (a) of this subsection and is associated with recruitment, initiation ((or)), pledging, admission into a student organization, athletic team, or living group, or any pastime or amusement ((engaged in)) with respect to a student organization, athletic team, or living group, such as:

(i) Subtle hazing((:)). Activities or situations created that emphasize a direct or indirect power imbalance between members. This includes, but is not limited to, physical or mental manipulation, or causing ((someone))a person to believe that ((they))that person may be required to participate in degrading or humiliating games or activities that create psychological, emotional, or physical harm;

(ii) Harassment hazing((:)). Activities that cause confusion, frustration, or physical discomfort that are directly or indirectly required, in order to become or remain a member of the student organization, athletic team, or living group. This includes, but is not limited to, sleep deprivation, verbal abuse, or being expected to harass others; or

(iii) Interference hazing((:)). Activities that do not allow reasonably adequate time for study or that otherwise unreasonably interfere((s)) with academic obligations.

(2) Hazing does not include customary athletic or cultural events or other similar contests or competitions.

(3) Consent is not a defense to hazing.

(4) ((Any student organization or living group that knowingly permits hazing as defined in subsection (1)(a) of this section shall be deprived of official recognition, approval, or registration granted by the university.

(5))) Students found responsible for violations of this section shall forfeit any entitlement to state funded grants, scholarships, or awards for a specified period of time determined by the university.

Indecent exposure includes the intentional exposure of a person's own genitals or ((other private body parts))breasts when done in a place or manner in which such exposure is likely to cause affront or alarm((, or is against generally accepted standards of decency)). Breastfeeding or expressing breast milk is not indecent exposure.

(1) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons includes unauthorized possession of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on university premises, unless specifically authorized by the university president or delegee.

(2) Firearms include, but are not limited to, what are commonly known as air guns or rifles, BB guns, and pellet guns, and any instrument used in the propulsion of shot, shell, bullets, or other harmful objects by the:

(a) Action of gunpowder or other explosives;

(b) Action of compressed air; or

(c) Power of springs or other forms of propulsion.

(3) ((This includes))The exhibition or display of a replica of a dangerous weapon is prohibited under this ((subsection))section if done in a manner and at a time or place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

On campus misconduct includes any conduct prohibited by the university's general code of conduct set forth in WAC 478-124-020.

(("))Research misconduct((")) is fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, as is further set forth in the university's Executive Order No. 61.

((Retaliation includes engaging or attempting to engage in any action, directly or indirectly, including through a third party, that is intended to harass, intimidate, threaten, harm or improperly influence any person because they:

(3) Appear as a witness.))(1) Conduct that intimidates, threatens, coerces, harasses, or treats differently any individual for the purpose of interfering with any right or privilege secured by this code or because the person has requested an accommodation or made a report or complaint, testified, assisted, served as a witness, or participated or refused to participate in any manner in an investigation, proceeding, hearing, or related resolution process under this code and associated procedures.

((Sexual assault includes sexual contact with another person without, or that exceeds, that person's consent.

A respondent's use of alcohol or drugs is not a valid defense to a charge of sexual assault, and a respondent will be held to the standard of a reasonable sober person in evaluating whether the respondent knew or reasonably should have known that the complainant was incapacitated.))(1) The penetration, no matter how slight, of a person's genitals or anus with any body part or object without the person's consent, or mouth-to-genital, genital-to-genital, hand-to-genital, mouth-to-anus, or hand-to-anus contact between two people without the consent of one of the individuals; or causing another person to touch the person's own or another's body in the manners described without the person's consent.

((Sexual exploitation involves taking))(1) Any nonconsensual or abusive conduct that takes sexual advantage of another person for the purposes of sexual arousal or gratification, financial gain, or other personal benefit.

(2) Examples of sexual exploitation include:

(((1)))(a) Transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, or other recordings or images of a private and sexual nature, including consensual sexual activity, without the consent of the subject(s);

(((2)))(b) Taking, making, sharing, or directly transmitting photographs, films, ((or)) digital images, or generated images of the private body parts of another person without that person's consent;

(((3)))(c) Prostituting another person; or

(((4)))(d) Surreptitiously watching or knowingly allowing another to surreptitiously watch otherwise consensual sexual activity.

((Sexual harassment is unwelcome sexual advances, requests for sexual favors or other verbal, physical, or electronic conduct of a sexual nature when one of the conditions outlined in subsection (1) or (2) of this section is present:

(2) Such conduct creates a hostile environment, which is created when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual's academic or work performance, ability to participate in or benefit from the university's programs, services, opportunities, or activities, or the receipt of legitimately requested services when viewed through both a subjective and objective standard.))(1) Sexual harassment under this code includes both conduct that constitutes sexual harassment under federal Title IX regulations and other forms of sex-based conduct that violate university standards whether or not they fall within the jurisdictional scope of Title IX. All such conduct is prohibited and may result in university action.

(1) Stalking means engaging in a course of conduct directed at ((another person))a specific individual that would cause a reasonable ((person))individual to:

(a) Fear for the ((person's))individual's own safety or safety of others; or

(b) Suffer substantial emotional distress.

(2) Stalking may occur through use of electronic media, the internet, social networks, blogs, phones, or text messages.

(3) For the purposes of this section, "course of conduct" means two or more acts including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Stalking also includes cyberstalking such as through electronic media, the internet, social networks, blogs, cell phones, or text messages.

(((3)))(4) For the purposes of this section, "substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Unauthorized ((keys, entry))access to, presence within, or use of property includes, but is not limited to:

(1) Unauthorized possession, duplication, or use of keys (including conventional keys, key cards, or alphanumeric passcodes) to any university premises;

(2) Unauthorized entry upon, occupation of, presence within, or use of university premises or property; ((or))

(3) Blocking or restricting any other person's access to or from university premises or impeding any other person's movement within university premises;

(4) Providing keys to an unauthorized person or providing access to an unauthorized person; or

(b) The student(s) choose to remain.

The intentional touching of the clothed or unclothed body parts of another person, without consent, for the purpose of sexual degradation, sexual humiliation, or sexual gratification; or causing a person to touch any part of another person's body, without consent, for the purpose of sexual degradation, sexual humiliation, or sexual gratification.

Vandalism includes ((maliciously damaging))intentionally or recklessly damaging, defacing, destroying, or misusing university property, or the property of ((any member of the university community))others.

(1) All conduct proceedings under this code shall be conducted in accordance with ((chapter 34.05 RCW,))the Administrative Procedure Act (chapter 34.05 RCW) and constitutional due process. If there is an irresolvable conflict between this code and the Administrative Procedure Act or constitutional due process, the Administrative Procedure Act and constitutional due process shall supersede these rules.

(2) In applying this code, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that the rules of civil procedure only apply to the extent set forth in this code or in chapter 34.05 RCW. ((In formal proceedings pursuant to RCW 34.05.413 through 34.05.476, the University of Washington adopts the model rules of procedure, chapter 10-08 WAC, Model rules of procedure. In the case of a conflict between the model rules of procedure and these procedural rules, the procedural rules adopted in these rules shall govern.))The presiding officer, in their discretion, may refer to or rely upon the model rules (RCW 34.05.250) in resolving any procedural question not addressed by this conduct code.

(3) Informal settlements may be conducted under the authority of RCW 34.05.060. The university offers an expedited hearing procedure as a form of informal settlement.

(4) The university has discretion to offer an informal resolution process.

(1) The university has established time frames for the completion of conduct proceedings. The time frames are intended to enhance efficiency and are not intended to adversely affect the rights or procedures available to the complainant and respondent under chapter 34.05 RCW.

(2) Time frames may be extended by the conduct office or by a hearing or appeal officer for good cause. A party to conduct proceedings may also request a postponement, continuance, extension of time, or adjournment for good cause. Such requests may be oral or written. If all parties do not agree to the delay, the presiding officer or appeal officer may meet with the parties to receive argument or may decide the request without argument.

(3) Factors that may be weighed in determining "good cause" include, without limitation:

(a) The consent of the parties;

(b) Whether additional time is necessary to ensure the integrity and completeness of the investigation;

(c) To account for university breaks or vacation; or

(d) To account for the complexities of a case, including the number of witnesses or volume of information provided.

(4) Notices of extensions, continuances, or other delays shall be provided to the parties in writing and include the reasons for the delay.

(1) In accordance with FERPA and other applicable laws, and unless otherwise ordered by the presiding officer, all interviews, meetings, hearings, or reviews conducted under this code will be closed and not be open to the public. Attendance during such meetings or proceedings is limited to individuals who have a legitimate role or need to be present.

(2) The presiding officer may cause the proceeding to be recorded by a method chosen by the presiding officer. If recorded, a transcript of the proceedings may be prepared and made available to any party upon request. Documents and recordings are subject to retention and disclosure requirements under the Public Records Act, including applicable exemptions.

(3) Except as provided in subsection (2) of this section, and unless otherwise ordered by the presiding officer, no cameras or recording devices shall be permitted in any interview, meeting, hearing, or appeal.

(1) Prior to the conclusion of a brief adjudicative proceeding, the conduct ((officer))office shall make any inquiries necessary to ascertain whether the proceeding should be converted to a full adjudicative proceeding under RCW 34.05.413 through 34.05.476 of the Administrative Procedure Act. If converted, the conduct ((officer))office will take steps necessary to initiate a ((full)) hearing and a hearing officer will be assigned.

(2) To the extent feasible, the conduct ((officer's))office's record will be included in the record for the ((full)) hearing. Prior to the hearing, the conduct office's record is provided to the parties for review. The parties are given the opportunity, typically finalized through the prehearing meeting, to request that evidence be included or excluded from the record. The time of commencement of the ((full)) hearing shall be considered to be the time of commencement of the original conduct proceeding.

(3) If not converted by the conduct ((officer))office and a sanction of suspension or dismissal is imposed after appeal, the parties will be given an opportunity to request a full adjudication and hearing per WAC 478-121-320 through 478-121-345.

If it becomes apparent that a full adjudicative proceeding may be warranted, is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, ((a full hearing will be held in accordance with WAC 478-121-400 through 478-121-427 that is in compliance with RCW 34.05.413 through 34.05.476))the university may commence or provide the parties an opportunity to request a full adjudication under Part V of this code. Factors that may be considered, without limitation, as guidelines ((to determine))in determining whether the issues and interests involved warrant the use of a full adjudicative proceeding ((consistent with this code will be defined in university policy, including Student Governance and Policies, chapters 209 and 210))include whether:

(4) A respondent has multiple or prior conduct violations.

(1) Sanctions are intended to provide educational opportunities and accountability while also reducing the likelihood of future prohibited conduct. Sanctions may include administrative, educational, and restorative components. Some conduct, however, is so egregious in nature or so damaging to the educational environment that it requires more serious sanctions, including suspension or dismissal.

(2) One or more of the following ((disciplinary)) sanctions may be imposed for any violation of this ((conduct)) code:

(a) ((Disciplinary reprimand.))Warning. A respondent may be issued a written ((disciplinary reprimand))warning.

(b) ((Disciplinary))Conduct probation. A respondent may be placed on ((disciplinary))conduct probation (((meaning formal conditions are imposed on the respondent's continued attendance))). The time period for the ((disciplinary))conduct probation and any conditions shall be specified. Failure to fulfill conditions of the ((disciplinary))conduct probation in a timely manner will extend the probationary period (and the conditions) and may result in additional ((disciplinary))conduct sanctions.

(c) Educational component. An educational component may be imposed. The time frame for completion will be specified, and failure to fulfill the educational component may result in additional sanctions. The university may put a conduct hold in place if the respondent fails to complete the educational component by the deadline date.

(d) Restitution. A respondent may be required to make restitution for ((damage))injury to or ((other)) loss of property ((and for)), or injury to persons. The university may put a conduct hold in place if the respondent fails to pay or to make in writing university-approved arrangements to pay restitution.

(((d)))(e) Loss of privileges. A respondent may be denied specified privileges for a designated period of time such as the privilege to participate in a particular campus activity and may be restricted from any or all university premises for a specific duration.

(((e)))(f) Suspension. A respondent may be suspended (i.e., temporarily separated) from the university for a specified period of time. Conditions of suspension may be imposed and will be specified. Except as otherwise specified in the final order, all conditions must be fulfilled before the end of the suspension period. Failure to fulfill all conditions of suspension in a timely manner will extend the suspension period and any conditions, and may result in additional ((disciplinary)) sanctions. The university may put a conduct hold in place during the suspension period.

(((f)))(g) Dismissal. A respondent may be dismissed (i.e., permanently separated) from the university.

(((g)))(h) Sanctions for hazing (individual). In addition to other sanctions, a student who is found responsible for participating in hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a specified period of time.

(((2)))(3) One or more of the following sanctions may be imposed for any student organization violation of this code:

(4) In determining an appropriate sanction for a violation of this code, factors that may be considered include, but are not limited to:

(a) The seriousness, severity, persistence, or pervasiveness of the prohibited conduct;

(b) The nature or violence, if applicable, of the prohibited conduct;

(c) The impact on the complainant and/or university community;

(d) The respondent's past ((disciplinary)) record with the university;

(e) Whether the respondent has accepted responsibility for the prohibited conduct;

(f) The maintenance of a safe, nondiscriminatory and respectful environment conducive to learning; ((and/or))

(g) Whether the respondent concealed their identity for the purpose of evading or escaping discovery, recognition, or identification while engaging in prohibited conduct; and/or

(h) Any other mitigating, aggravating, or compelling factors that the presiding officer determines to be relevant and admissible.

(((3)))(5) The use of alcohol or drugs by a respondent will not be considered a mitigating factor in imposing ((discipline))sanctions.

(((4)))(6) If a respondent withdraws from the university (or fails to reenroll) before completing a sanction, the sanction must be completed prior to or upon the respondent's reenrollment, depending on the nature of the sanction. Completion of ((disciplinary)) sanctions may be considered in applications for readmission to the university.

Sanctions ((will be implemented when a final order becomes effective in the university's conduct proceeding. An initial order that becomes a final order because no administrative review was requested or initiated becomes effective on the day after the period for requesting review has expired))are effective on the date an order becomes final and will be implemented as of the effective date unless a later date is specified in the order.

(1) The following university officials may initiate conduct proceedings under this conduct code:

(a) The vice president for student life at University of Washington Seattle;

(b) The chancellors at University of Washington Bothell and Tacoma;

(c) With respect to academic misconduct, deans of a school or college (((including the graduate school))) at University of Washington Seattle. Deans of a school or college may delegate local college or school academic conduct officers; ((and))

(d) With respect to academic misconduct, deans or directors of any school or program at University of Washington Bothell or Tacoma. Deans of a school or college may delegate local college or school academic conduct officers;

(f) The vice president of compliance and risk services.

(2) The above-named university officials may delegate the authority to one or more individuals to initiate and conduct proceedings((, engage in fact finding, hold))under this code, including engaging in investigations, holding hearings, and ((issue))issuing initial orders ((under this conduct code)). They may also establish student or student-faculty-staff hearing bodies to advise or to act for them in conduct proceedings.

(((3) For the purpose of completing administrative reviews under WAC 478-121-320 through 478-121-345 and 478-121-430 through 478-121-445 of this code:

(4) Review panels, composed of multiple reviewing officers, may be created to complete administrative reviews under WAC 478-121-320 through 478-121-345 and 478-121-430 through 478-121-445 of this code. Review panels may also include a review coordinator.))

((Faculty and students may be appointed to the pool of available reviewing officers at any time by a university official with authority to appoint such individuals. Efforts will be made to ensure the pool includes available reviewing officers representing the University of Washington Seattle, Bothell, and Tacoma campuses. The appointment will be))(1) Faculty, staff, students, and external contractors may be appointed to serve as appeal officers for appeals brought under this code. Such individuals are appointed by the university official with authority to appoint such individuals.

(3) Appeal officers are appointed for a specific term, which may be extended at the discretion of ((a))the university official with authority to appoint ((such individuals, and will include any training and other conditions of service. See Student Governance and Policies, chapters 209 and 210))that individual.

(4) As required or appropriate, appeal officers will receive training with respect to the conduct code and the procedures hereunder, as well as any conditions of service.

(1) For each ((administrative review))appeal, either a single appeal officer or an odd number of available ((reviewing))appeal officers will be selected from the pool, based on availability, to ((form the review panel))complete the appeal. Those selected for the panel will designate a ((faculty)) member of the panel to act as chair, with efforts made that the chair be a representative from the campus where the respondent is enrolled.

(1) No presiding officer or appeal officer shall have a conflict of interest or bias for or against either party in the matter, or against complainants or respondents generally.

(2) Any person involved in the investigation or adjudication of a matter under this code shall self-recuse if this person discovers a conflict of interest, bias for or against one of the parties or against complainants or respondents generally or otherwise cannot act impartially.

(1) Consistent with RCW 34.05.425, any presiding officer or ((reviewing))appeal officer is subject to disqualification for bias, prejudice, interest, or any other applicable cause((.)), and any party may petition for the disqualification ((of an individual)) promptly after receipt of notice ((indicating that the individual will preside))of such presiding officer's or appeal officer's appointment or, if later, promptly upon discovering facts establishing grounds for disqualification. The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. If the petition is granted, an appropriate individual will then be substituted as a presiding officer or ((reviewing))appeal officer. If a party requests the disqualification of a presiding officer and that request is denied, the denial of the request may be raised as a reason for seeking appeal.

(2) For matters falling under Part VII of the code (WAC 478-121-600), this provision may also apply to either an individual involved in the matter serving as the Title IX coordinator or designee and/or any individual designated by the university to facilitate an informal resolution process.

(1) Conduct proceedings may be initiated when the university receives any direct or indirect report of conduct that may violate this code, which may include, but is not limited to, a police report, an incident report, a witness statement, other documentation, or a verbal or written report from a complainant, witness, or other third party.

(2) Conduct matters may be initiated under the conduct code regardless of whether or not the incident in question is the subject of criminal or civil proceedings.

If the conduct ((officer))office decides not to initiate a conduct proceeding when requested by a complainant who, otherwise, would be a party to the proceeding, the conduct ((officer))office will provide the complainant with a written decision, including a brief statement of the reasons and of any other options for ((review))appeal.

(1) A conduct office or other designated university official may place a conduct hold on the student's record if the student is the respondent in a pending report of prohibited conduct, a pending conduct proceeding under this code, or in conjunction with a disciplinary sanction under this code. A conduct hold may restrict the student from registering for classes, ((requesting))obtaining an official transcript, ((or)) receiving a degree ((from the university)), or participating in graduation ceremonies until the hold has been removed. If the conduct hold is put in place pending or during a conduct proceeding, the student will be notified of the hold and be advised how to raise an objection ((about the hold)) or request that ((it))the hold be made less restrictive. The hold will remain in place until lifted by the conduct office or other designated university official with authority to do so.

(2) Implementation of any conduct hold does not assume or imply any determination of, or create any expectation of, responsibility for prohibited conduct under this conduct code.

(1) The parties to conduct proceedings are typically the university and the respondent. ((In accordance with Student Governance and Policies, chapter 210, student conduct policy for discriminatory and sexual harassment, intimate partner violence, sexual misconduct, stalking, and retaliation, in cases involving discriminatory harassment, indecent exposure, intimate partner violence, sexual assault, sexual exploitation, sexual harassment, stalking, or retaliation, the complainant is also a party.))

(3) In addition, the university may designate other individuals, such as a complainant, as a party to other types of conduct proceedings, or allow individuals to intervene in conduct proceedings. ((For additional guidance, see Student Governance and Policies, chapter 209, student conduct policy for academic misconduct and behavioral misconduct.))

(1) Unless otherwise provided by law, after receiving a report of prohibited conduct, the university may implement interim protective measures ((that impact a respondent)) at any time prior to the conclusion of a conduct proceeding. When implemented, the ((respondent))affected individual(s) will be notified of the interim measures and advised ((on))as to how to raise an objection ((about the interim measure)) or request that it be made less restrictive. Interim measures will remain in place until lifted or modified by a university official with authority to do so.

(4) Implementation of any interim measure does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under this ((conduct)) code. A ((respondent))student who fails to comply with any interim protective measures may, however, be charged with a "failure to comply" pursuant to WAC 478-121-130.

(1) If there is reasonable cause to believe that a student's conduct represents a threat to the health, safety, or welfare of the university or any member of the university community, or poses an ongoing threat of substantially disrupting or materially interfering with university activities or operations, the president, the president's delegate, the vice president for student life for the University of Washington Seattle or delegates, and the chancellors of the University of Washington Bothell and Tacoma campuses or delegates, may immediately suspend that student from participation in any or all university functions, privileges, or locations, provided that the university undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of students, employees, or other persons arising from the reported conduct justifies removal, and provides the respondent with notice and opportunity to challenge the decision immediately following the removal.

(2) In such an emergency situation, the university official placing the student on emergency suspension shall issue a written order to be served upon the student describing the terms of the emergency suspension and the reasons for the emergency suspension. The order shall advise the student how to raise an objection about the emergency suspension or request that it be made less restrictive. The university may also put a conduct hold in place during the emergency suspension period.

(3) The order shall be effective immediately. The ((proceeding))matter shall then be referred to the appropriate conduct office and ((the proceeding shall)) proceed as quickly as feasible. The emergency suspension shall remain in effect until lifted or revised by a university official with authority to do so or until a final order is entered in the proceeding. Once a final order is entered in the proceeding, any emergency suspension shall be lifted and the sanction, if any, will be imposed.

(1) Service of all university notices under this code will be sent by electronic mail (email) addressed to the party's university-issued email address. An alternative email address may be provided to the presiding officers and ((reviewing))appeal officer(s) in writing and used in addition to the university issued email addresses. Service is complete at the moment the email is sent to the email address. If there is no email on record, service may also be accomplished by personal service or by posting it in the United States mail, properly addressed, and postage prepaid. Service by mail is complete upon deposit in the United States mail.

(2) The parties are permitted to file documents with the presiding officer or ((reviewing))appeal officer(s) via email or other electronic means as determined by the presiding officer or ((reviewing))appeal officer(s). Receipt of such documents will be determined by the date of the email. For documents that must be shared with other parties, the university will be responsible for service of such documents, as above.

(3) In computing any period of time under this conduct code, the day of service of any order, notice, or other document is not counted. The last day of the applicable period of time is counted. If the last day of the applicable period of time falls on a Saturday, Sunday, or official state holiday (which includes the day after Thanksgiving), the period ends on the next business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation.

(4) The time limit for seeking ((administrative review))appeal of an initial order is based upon the date of service of the initial order.

(1) The parties to conduct proceedings may((, at their own expense,))arrange to be accompanied by ((an advisor of their choice, including an attorney))a hearing advisor, a support advisor, or both a hearing and support advisor, throughout the conduct proceedings. In ((a brief adjudicative proceeding))conduct proceedings, an advisor may provide support and advice, but an advisor may not speak on behalf of the student or disrupt or interfere with any aspect of the ((brief adjudicative)) proceeding, as determined by the ((conduct))presiding officer. ((In a full adjudicative proceeding, including any prehearing matters,))

(2) If the party's hearing advisor is an attorney (as defined in WAC 478-121-050(1)), the ((attorney))hearing advisor may advise and represent the party during the hearing process, but the hearing advisor may not disrupt or interfere with any aspect of the proceeding, as determined by the ((hearing))presiding officer. ((For additional guidance, see Student Governance and Policies, chapters 209 and 210.))

If there are multiple conduct proceedings involving common issues or parties, the parties may request, or the presiding officer(s) may decide, to consolidate the proceedings. This decision is within the sole discretion of the presiding officer(s).

((The burden of proof in conduct proceedings rests with the university.))A respondent is presumed not responsible for prohibited conduct unless and until the applicable standard of proof has been met. The university uses the "preponderance of evidence" standard, which means that in order for a respondent to be found responsible, the presiding officer must conclude, based on the evidence in the record, that it is more likely than not the respondent engaged in an act or acts of prohibited conduct.

((The following evidentiary provisions apply to conduct proceedings under this code.))(1) In applying this code, due consideration shall be given to the fact that the conduct process is administrative and not judicial in nature and that rules of evidence only apply to the extent set forth in this code or in chapter 34.05 RCW. The university has also developed ((agency))university-level guidance regarding its interpretations of these rules((, including in Student Governance and Policies, chapters 209 and 210)).

((While))(2) Rules of evidence do not apply in brief adjudicative proceedings ((do not require the application of rules of evidence))although, the conduct ((officer))office will be guided by the principles underlying the Washington state rules of evidence ((when they do not conflict with the code or relevant university policies)). Evidence in full adjudicative proceedings is governed by RCW 34.05.452.

(4) The university will provide each party and the party's advisor, if any, with equitable access to the evidence that is relevant to the reported conduct and is not otherwise impermissible.

(1) Evidence, including hearsay, is admissible if, in the judgment of the presiding officer, it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. If not inconsistent with this standard, Washington state rules of evidence serve as guidelines for evidentiary rulings. Findings may be based on such evidence even if it would be inadmissible in a civil trial. In a ((full)) hearing, however, the hearing officer shall not base a finding exclusively on such ((inadmissible)) evidence unless the hearing officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the initial order.

(2) The presiding officer will determine the admissibility and relevance of all evidence, including that offered by the parties and/or witnesses, and shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may exclude from consideration evidence that is not relevant((. The presiding officer may also exclude from consideration evidence that is immaterial)), or unduly repetitious.

(3) The presiding officer will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. Credibility determinations must not be based on a person's status as a complainant, respondent, or witness.

(4) In general, the presiding officer will not consider statements of personal opinion or statements as to any individual's general reputation or any character trait, unless the presiding officer considers such evidence to be relevant and admissible.

(((4)))(5) The presiding officer may take official notice of some material that was not offered as evidence by the parties. In full adjudicative proceedings, the process for taking official notice is set forth in RCW 34.05.452.

(1) The sexual history of the parties or witnesses will not be used to prove character or reputation. Evidence related to the prior sexual history of the parties or witnesses is generally not relevant to the determination of a violation of this code and will be considered only ((in limited circumstances.))if the presiding officer ((will determine the relevance of this evidence))determines that it is relevant.

(2) Evidence that relates to the complainant's sexual interests or prior sexual conduct will be excluded, unless evidence about the complainant's prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is offered to prove consent with evidence concerning specific incidents of the complainant's prior sexual conduct with the respondent. The fact of prior consensual sexual conduct between the complainant and respondent does not demonstrate or imply the complainant's consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

(1) Consistent with RCW 34.05.452(5), presiding officers may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. This information will be summarized in the initial order.

(2) Generally, results of polygraph examinations are not considered relevant, even if offered voluntarily.

(1) No student shall be compelled to give self-incriminating evidence and a negative inference will not be drawn from a refusal to participate at any stage of the conduct proceeding. The presiding officer may, however, continue with the conduct proceeding and reach a finding based on other available and admissible evidence.

The conduct ((officer))office will provide notice to the parties, in writing, of the commencement of conduct proceedings, which will include information on how to petition for disqualification of the conduct officer, and schedule an initial meeting with the respondent as part of the investigatory process.

((The conduct officer will also schedule an investigative interview with the respondent as part of the fact-finding process.))

(1) Before taking action in a brief adjudication proceeding, the conduct officer shall ((give each party an opportunity to be informed of the agency's view of the matter and to explain the party's view of the matter. This process includes, without limitation, conducting fact finding and providing the parties with the opportunity to participate in the conduct proceeding by explaining the process to the parties and allowing them to review the allegations, provide evidence,))notify the parties of their opportunity to, in whatever sequence the conduct officer reasonably determines most appropriate:

(d) Identify witnesses with relevant knowledge((,));

(e) Respond to evidence provided by others((, and provide the conduct officer with));

(f) Provide suggested questions for others (((collectively, "fact finding")));

(4) If a party fails to respond to notices or does not participate in the conduct proceeding at any stage of the proceeding, the university may move forward with the conduct proceeding without the participation of the party.

(1) Grounds. The university may dismiss a complaint for any of the following reasons:

(a) The university is unable to identify the respondent after taking reasonable steps to do so;

(b) The respondent is not participating in the university's education program or activity and is not employed by the recipient;

(c) The complainant voluntarily withdraws any or all of the allegations in the complaint, and the university determines that without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute prohibited conduct under the code even if proven; or

(d) The university determines the conduct alleged in the complaint, even if proven, would not constitute prohibited conduct under the code. Prior to dismissing the complaint under this subsection, the recipient must make reasonable efforts to clarify the allegations with the complainant.

(2) Notice. Upon a dismissal required or permitted under this section, the university will promptly send written notice of the dismissal and reason(s) therefore simultaneously to the parties.

(3) Request for appeal. If the university dismisses a complaint and the complaint involves sex discrimination or any form of sex or gender-based prohibited conduct, the parties have a right to appeal, as described in WAC 478-121-320.

At the conclusion of the ((fact finding))investigation, the conduct ((officer))office will prepare an initial order. If the respondent is found responsible, the conduct ((officer))office will impose a sanction. The conduct ((officer))office will serve the initial order ((to))on the parties, simultaneously and in writing. The initial order will include a ((brief)) written statement of the reasons for the decision and an explanation of how to request ((administrative review))appeal of the initial order and the time frame to do so.

(1) A party may request ((administrative review))an appeal of the initial order based on the grounds as set forth in WAC 478-121-325.

(2) A request for ((administrative review))appeal must be submitted in writing to the conduct ((officer))office within ((twenty-one))21 days of the date of service of the initial order. The ((party requesting the review will be provided with an opportunity to explain the reasons for seeking review))appeal is the party's opportunity to provide the party's position regarding why the appeal should be granted, and it must identify at least one of the grounds outlined in WAC 478-121-325. If one of the grounds is to consider newly discovered evidence, that evidence must also be provided with the ((request for review))appeal.

(3) If an ((administrative review))appeal is not requested within ((twenty-one))21 days of service of the initial order, the initial order shall become the final order.

A party may ((request administrative review))appeal an initial order in a brief adjudicative proceeding for any or all of the following reasons:

(1) To determine whether there was a material error that substantially affected the outcome of the fact finding or sanctioning;

(2) To consider newly discovered evidence, not reasonably available during the ((fact finding))investigation, that could substantially impact the outcome;

(3) To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; ((or))

(4) To determine whether the Title IX coordinator or investigator had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome of the matter;

(6) To determine whether the issue and interests involved warrant a ((full)) hearing.

(1) If ((administrative review))an appeal is requested, the university will provide the parties notice, in writing, of the date the ((administrative review))appeal will be initiated and the identities of the ((reviewing))appeal officer(s) selected for the ((review))appeal panel. The parties will also be provided with information on how to petition for disqualification of any ((reviewing))appeal officer(s).

((Other parties will be provided with))(2) A copy of the ((request for administrative review and notice of))appeal and an explanation as to how to submit a written response will be provided with the notice of appeal. Responses must be submitted within five business days of service of the notice of ((administrative review))appeal.

(1) When the ((reviewing officer(s) conducts an administrative review, the review))appeal officer(s) review an appeal, the appeal is based on:

(a) The conduct ((officer's record and fact finding))office's record;

(b) Information submitted to the ((review panel in the request for review or response to request for review))appeal panel with the appeal or any response to the appeal; and

(c) Newly discovered evidence, if the ((basis for seeking administrative review is that newly discovered evidence has become available))appeal is based on newly discovered evidence; however the review of newly discovered evidence is limited to determining whether the newly discovered evidence warrants remanding the matter for further proceedings.

(2) ((Decisions by a panel of reviewing officers will be determined))If the review has been conducted by an appeal panel, the decision will be by majority vote.

(1) Within ((twenty days after the request is submitted, the review))20 days of receipt of all responses submitted by the parties or oral argument, if any, whichever is later, the appeal panel will issue an order, which will include the outcome, any sanction, and a brief statement of the reasons for the outcome. ((All parties will receive simultaneous, written notification of the outcome of the review.))The notification to all parties will be issued simultaneously.

(2) The ((reviewing))appeal officer(s) may reach one of the following results:

(a) Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;

(b) Remand and return to the conduct office for further ((fact finding))investigation or review if newly discovered evidence may have impacted the result or if the record demonstrates material error;

(c) Increase or reduce the sanction(s) and issue a final order, if the increased sanction does not warrant a ((full)) hearing; or

(d) ((Conclude whether))Determine that the proceeding should be converted to a full adjudicative proceeding and, if so, take steps necessary to initiate ((a full hearing))such proceeding.

(3) If the ((review panel))appeal officer(s) does not issue an order within ((twenty))20 days after the ((request is submitted, the request for review is deemed to be))receipt of all responses or oral argument, whichever is later, the appeal is denied.

PART V

FULL ADJUDICATIVE PROCEEDINGS AND ((FULL)) HEARING

The hearing officer shall set the time and place of the ((full)) hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The notice will include information on how to petition for disqualification of the hearing officer.

To the extent feasible, the conduct office's record will be included in the record for the hearing. The parties will be provided an opportunity to review the conduct office record prior to the hearing and identify any evidence that the party requests be excluded from the hearing record. Such requests will be approved or denied during the prehearing meeting.

(1) Hearing officers upon their own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing ((conference or conferences))meeting or meetings (also known as prehearing conferences) to consider:

(a) Simplification of issues;

(b) The necessity or desirability of amendments to the pleadings, if any;

(c) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;

(d) Limitations on the number and consolidation of the examination of witnesses;

(e) Procedural matters;

(f) Distribution of written testimony and exhibits to the parties prior to the hearing;

(g) Such other matters as may aid in the disposition or settlement of the proceeding.

(2) Prehearing ((conferences))meetings may be held ((by telephone conference call or at a time and place specified by hearing officers))in person or by video conference, telephone, or other electronic means.

(3) Following prehearing ((conferences))meetings, hearing officers shall issue an order. Orders are effective when they are served. Hearing officers may, at their discretion, hold more than one prehearing ((conference))meeting and issue orders modifying any prehearing order.

(4) In any ((full)) hearing, hearing officers may, in their discretion, conduct a ((conference))meeting prior to the taking of testimony, or may recess the hearing for such ((conference))meeting, for the purpose of carrying out the purpose of this rule. Hearing officers shall state on the record the results of such ((conference))meeting.

(3) In a ((full)) hearing, all testimony of parties and witnesses shall be made under oath or affirmation.

At the discretion of the hearing officer, and where the rights of the parties will not be prejudiced thereby, all or part of any hearing, including the testimony of witnesses, may be conducted by ((telephone))video conference, or other electronic means where the witness is visible to all parties. Each party in the hearing must have an opportunity to participate effectively in, to hear, and ((if technically and economically feasible,)) to see the entire proceeding while it is taking place. Such measures may be taken to accommodate concerns raised by a complainant, a respondent, or any witness. The university will have an audio or audiovisual recording, or a transcript made of any hearing and make it available to the parties for inspection and review.

((At the conclusion,))(1) The hearing officer will issue an initial order, which shall include all matters required by RCW 34.05.461(3). The hearing officer will serve the initial order to the parties, simultaneously and in writing. The initial order will include an explanation of how to request ((administrative review))an appeal of the initial order and the time frame to do so.

(2) If an ((administrative review))appeal is not requested within ((twenty-one))21 days of service of the initial order, the initial order shall become the final order.

(1) A party may request ((administrative review))appeal of the initial order from a ((full)) hearing based on the grounds as set forth in WAC 478-121-433.

(2) A request for ((administrative review))an appeal must be submitted in writing to the hearing officer within ((twenty-one))21 days of the date of the initial order. If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the ((request for review))appeal.

(3) If an ((administrative review))appeal is not requested within ((twenty-one))21 days, the initial order shall become the final order.

A party may request ((administrative review))appeal for any or all of the following reasons:

(1) To determine whether there was a material error that substantially affected the outcome of the ((fact finding))investigating or sanctioning;

(2) To consider newly discovered evidence, not reasonably available during the ((fact finding))investigation, that could substantially impact the outcome;

(3) To determine whether the sanction(s) imposed were appropriate for the violation committed and were not excessively lenient or excessively severe; ((or))

(4) To determine whether the Title IX coordinator, investigator, or decision maker had a conflict of interest or bias for or against complaints or respondents generally or the individual complainant or respondent that would change the outcome of the matter;

(6) Any other grounds that would warrant modification, withdrawal, or reversal of the order.

((If administrative review is requested))(1) If an initial order from a hearing is appealed, the university will provide the parties notice, in writing, of the date the ((administrative review))appeal will be initiated and the identities of the ((reviewing))appeal officer(s) selected for the ((review))appeal panel. The parties will also be provided with information on how to petition for disqualification of any ((reviewing))appeal officer(s).

((Other))(2) The parties will be provided with a copy of the ((request for administrative review and notice of))appeal, the request for the appeal, and information as to how to submit a written response. Responses must be submitted within five business days of service of the notice of ((administrative review))information as to how to submit a written response.

(1) When the ((reviewing))appeal officer(s) conducts an ((administrative review, the reviewing))appeal, the appeal officer(s) shall:

(a) Personally consider the whole record or such portions of it as may be cited by the parties;

(b) Exercise all the decision-making power that the ((reviewing))appeal officer would have had to decide and enter the final order had the ((reviewing))appeal officer presided over the hearing, except to the extent that the issues subject to review are limited by a provision of law or by the ((reviewing))appeal officer(s) upon notice to all the parties;

(c) Afford each party an opportunity to present written argument and may, at the appeal officer's sole discretion, afford each party an opportunity to present oral argument ((to explain the party's position but))provided that any such argument shall not be considered as evidence;

(d) Review information submitted to the review panel ((in the request for review or response to request for review))with the appeal or any response to the appeal; and

(e) Review newly discovered evidence, if ((the))a basis for ((seeking administrative review))an appeal is that newly discovered evidence has become available; however the review of newly discovered evidence is limited to determining whether the newly discovered evidence warrants remanding the matter for further proceedings.

(2) In reviewing findings of fact by presiding officers, the ((reviewing))appeal officers shall give due regard to the presiding officers' opportunity to observe the witnesses.

(3) ((Decisions by a panel of reviewing officers))If the review has been conducted by an appeal panel, the decision will be determined by majority vote.

All communications with ((reviewing))appeal officers, except for communications necessary to procedural aspects of maintaining an orderly process, must be in the presence of, or with a copy to, all other parties. Ex parte communications received by ((reviewing))appeal officers must be placed on the record, and all other parties must be informed of the ex parte communication and given an opportunity to respond on the record.

(1) Within ((thirty))30 calendar days of receipt of all response(s) submitted by the parties or oral argument, if any, whichever is later, the ((reviewing))appeal officer(s) will issue ((an))a written order, which will include the outcome, any sanction, and a brief statement of the reasons for the outcome. All parties will receive simultaneous, written notification of the outcome of the ((review))appeal.

(2) The ((reviewing))appeal officer(s) may reach one of the following results:

(a) Conclude there is no basis for remand or alteration of sanctions, and issue a final order disposing of the proceeding;

(b) Remand for further ((fact finding))investigating or review if newly discovered evidence may have impacted the result or if the record demonstrates material error with instructions to the presiding officer ((who entered the initial order));

(c) Increase or reduce the sanction(s), and issue a final order disposing of the proceeding; or

(d) ((Issue a final order disposing of the proceeding or))Remand the matter for further proceedings on any other grounds that would warrant modification, withdrawal, or reversal of the order, with instructions to the presiding officer who entered the initial order.

(3) When issuing orders under this section, the order shall include((, or incorporate by reference to the initial order, all matters required by RCW 34.05.461(3)))all matters required by RCW 34.05.461(3) which may be by reference to the initial order.

(4) The ((reviewing))appeal officer(s) will serve the order ((to))on the parties, simultaneously and in writing.

(1) If the proceeding is remanded after an appeal following a hearing, the initial order will be rescinded and the ((reviewing))appeal officer(s) will describe, in writing, the reasons for the remand. ((Following remand, additional proceedings will be conducted as necessary to address the reasons for the remand))The hearing officer will conduct additional proceedings as directed or indicated by the appeal panel.

(2) ((At the conclusion))After conducting such proceedings, the hearing officer will issue ((an initial))a written order, which shall include all matters required by RCW 34.05.461(3). The hearing officer will serve the initial order ((to))on the parties, simultaneously and in writing. The initial order will include an explanation of how to request ((administrative review of the initial order))an appeal and the time frame to do so.

(3) If an ((administrative review))appeal is not requested within ((twenty-one))21 days of service of the initial order, the initial order shall become the final order.

(1) Within ((ten))10 days of the service of a final order or within ((ten))10 days of the date an initial order becomes a final order, any party may file a request for reconsideration. The request shall be directed to the officer(s) who issued the final order and state in writing specific reasons for the request. Upon receipt, the officer(s) shall promptly serve all other parties with a copy of the request for reconsideration.

(2) Unless the request for reconsideration is automatically deemed to have been denied under WAC 478-121-450, the request shall be disposed of by the officer(s) who issued the final order, if reasonably available. The disposition shall be in the form of a written order denying the request, granting the request and dissolving or modifying the final order, or granting the request and setting the matter for further hearing.

The request for reconsideration is automatically deemed to have been denied if, within ((twenty))20 days from the date the request for reconsideration is timely submitted, the officer(s) who issued the final order does not either:

(1) Dispose of the request; or

(2) Serve the parties with a written notice specifying the date by which the request will be acted upon.

(1) Records related to conduct proceedings shall be maintained consistent with RCW 34.05.476 and 34.05.494, university records retention policies, and other relevant policies.

(1) Any final order resulting from conduct proceedings shall become a part of the respondent's disciplinary record. Student disciplinary records are "education records" as defined by FERPA and may only be disclosed consistent with FERPA and chapter 478-140 WAC.

PART VII

((COMPLIANCE WITH DEPARTMENT OF EDUCATION FEDERAL REGULATIONS REGARDING SEXUAL HARASSMENT))PROCEDURES FOR ADDRESSING TITLE IX COMPLAINTS

((The United States Department of Education federal regulations, 34 C.F.R. Part 106, establish a definition of "sexual harassment" that includes all of the prohibited conduct listed under WAC 478-121-605 (Department of Education federal regulations prohibited conduct or EDFR prohibited conduct). The conduct listed under WAC 478-121-605 is prohibited conduct under this code and is subject to the procedures set forth under Part VII of this code if, and only if:))

(1) Part VII of this code provides the investigation and adjudication procedures for alleged Title IX hostile environment sexual harassment, quid pro quo harassment, sexual assault, unwanted sexual contact, stalking, domestic violence, and dating violence when:

(a) The ((EDFR)) prohibited conduct occurs in a university education program or activity; and

(((2) The EDFR))(b) The prohibited conduct is against a person in the United States.

((EDFR prohibited conduct that does not meet both of these requirements or is reported by a person who is not eligible to file a formal complaint under WAC 478-121-625 is subject to Parts II through V of this code.))(2) Prohibited conduct that does not meet both of these requirements or is reported by a person who is not eligible to file a formal complaint under WAC 478-121-625 is subject to Parts II through V of this code.

(3) For the purposes of Part VII of this code, "education program or activity" includes all the operations of the university including, but not limited to, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the ((EDFR)) prohibited conduct occurred and also includes any building owned or controlled by a recognized student organization. ((Part VII only applies to formal complaints made on or after August 14, 2020, and only when 34 C.F.R. Part 106 is deemed enforceable by law and/or by United States courts.))

(1) Only a complainant or the university's Title IX coordinator may file a formal complaint. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in a university education program or activity. ((The authority to initiate conduct proceedings provisions outlined in WAC 478-121-215 (1) and (2) do not apply to Part VII of this code.

(4)))(2) The university may consolidate formal complaints where allegations of ((EDFR)) prohibited conduct arise out of the same facts or circumstances. The university may also join or consolidate any complaint alleging prohibited conduct under Part II of this code with a formal complaint if the allegations arise out of or relate to the same facts or circumstances. Should the university consolidate a formal complaint under Part VII with allegations of prohibited conduct under Part II, the university may elect to hold one hearing to consider all allegations. During such a hearing, the university may adhere to the process described in Parts II through V to the extent feasible for allegations of prohibited conduct outlined in Part II and to the process described in Part VII for allegations of ((EDFR)) prohibited conduct. Where these processes conflict, Part VII will be followed.

(1) Mandatory dismissal. ((In accordance with the Department of Education federal regulations))For prohibited conduct addressed by Part VII of the code under WAC 478-121-600, the university will dismiss a formal complaint for purposes of Title IX and its implementing regulations if the alleged conduct:

(a) Would not constitute ((EDFR)) prohibited conduct even if proved;

(b) Did not occur in the university's education program or activity;

(c) Did not occur against a person in the United States; or

(d) Was alleged by or in respect to a complainant who is not participating in or attempting to participate in a university education program or activity.

If dismissal occurs under this subsection (1) of this section, the university may pursue a conduct proceeding under other parts of this code.

(2) Discretionary dismissal. The university may dismiss the formal complaint, or any allegations therein, for the purposes of Title IX and its implementing regulations, if at any time during the investigation or hearing:

(a) A complainant notifies the university's Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any specific allegations in the formal complaint;

(b) The respondent is no longer an enrolled university student; or

(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or any allegations made in the formal complaint.

(3) Notice. Upon a dismissal required or permitted under this section, the university will promptly send written notice of the dismissal and reason(s) therefore simultaneously to the parties.

(4) Consequences of dismissal. Dismissal of a formal complaint does not preclude the university from investigating alleged misconduct under Part II or adjudicating such alleged misconduct under Parts III through V of this code.

(5) Appeal. If the university dismisses a formal complaint, the parties have a right to appeal, as described in WAC 478-121-635.

(1) A party may appeal a dismissal based on WAC 478-121-630 of a formal complaint or dismissal of any allegations in a formal complaint on any of the following bases:

(a) Procedural irregularity affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the dismissal was made; and/or

(c) A university official involved in the dismissal of the formal complaint had a conflict of interest ((or))due to a personal relationship with a party or witness, or a bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter.

If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the appeal.

(2) An appeal must be submitted in writing to the investigator within five business days of the notice of dismissal of formal complaint. The appeal is the party's opportunity to provide the party's position regarding why the appeal should be granted, and it must identify at least one of the grounds outlined in subsection (1) of this section.

(3) When an appeal is received, the university will:

(a) Notify both parties in writing that the appeal was received, of the name of the individual(s) who will be deciding the outcome of the appeal, and when the nonappealing party's response is due;

(b) Provide the nonappealing party an opportunity to submit a written statement within five business days of receipt of notice of the appeal. This is the nonappealing party's opportunity to respond to the appeal;

(c) Consider the available evidence, which may include, but is not limited to, any summaries of interviews conducted by the investigator, evidence gathered by or provided to the investigator, and/or any newly discovered evidence;

(d) Issue a written decision describing the result of the appeal and rationale for such result; and

(e) Provide the written decision simultaneously to both parties.

(4) Communications with the individual(s) deciding the appeal, except for communications related to procedural aspects of maintaining an orderly process, must be made in the presence of, or with a copy to, all other parties, advisors (if any), and the investigator(s). Any communications not following such a procedure will be placed on the record, and others will be given an opportunity to respond.

(5) Appeals of a dismissal of a formal complaint may be decided by a single individual, and such appeals will be decided within five business days of the deadline for the nonappealing party's response.

If a formal complaint has been filed and parties have received notice of the allegations, the university may facilitate an informal resolution process consistent with RCW 34.05.060. ((Parties will be informed of the informal resolution process, including circumstances where the parties would be precluded from resuming a formal complaint based on the same allegations.)) Before an informal resolution process can proceed, both parties must provide voluntary, written consent to the process. A party has the right to withdraw from an informal resolution process at any time prior to agreeing to a resolution. If a party withdraws from such informal resolution process, the investigation or adjudication process may resume((s)).

The university may remove a respondent from the university's educational programs or activities on an emergency basis pursuant to WAC 478-121-237. For the purposes of Part VII of the code, such emergency removal must be based on a belief the alleged ((EDFR)) prohibited conduct poses an immediate threat to the physical health, safety, or welfare of any student or other individual(s).

(1) After a formal complaint is filed, the university will commence an investigation. ((Throughout the investigative process, including meetings with an investigator, a party may be accompanied by a hearing advisor and/or a support advisor. During the investigation, a party's hearing advisor and/or support advisor may provide advice to the party but may not speak on behalf of the party.)) The initial interview of a respondent will be scheduled to allow time for the respondent to prepare a response following receipt of the notice of formal complaint.

(2) During an investigation, parties may present witnesses as well as other inculpatory and exculpatory evidence for the investigator to consider. Parties will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint so that each party may meaningfully respond to the evidence prior to the conclusion of the investigation.

(3) Prior to completion of the investigative report, the university will send to each party and the party's advisors, if any, the evidence subject to inspection and review. The parties will have at least ((ten))10 calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(4) At least ((ten))10 calendar days prior to the hearing, the investigator will provide the parties with the final investigative report and all evidence gathered during the investigation. ((The final investigative report and all evidence related to the allegations will be included in the record for the hearing.))

(5) No later than at the conclusion of the investigation, the investigator will notify the hearing officer that it is appropriate to commence a hearing to consider the allegations contained in the formal complaint. Such notification is consistent with a conversion to full adjudicative proceeding, as described in WAC 478-121-205, and consistent with RCW 34.05.413 through 34.05.476.

(((1) The hearing officer, or designee, will set the time and place of the hearing and give ten or more calendar days' notice to all parties and the investigator. At the hearing officer's discretion, any or all parties, witnesses, and other participants, such as advisors and investigator(s), may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(7) During a hearing, all testimony of parties and witnesses shall be made under oath or affirmation.))(1) Unless otherwise provided for in Part VII of this code, the procedures, definitions, and provisions pertaining to hearings in Parts I through VI of this code apply to hearings considering conduct matters meeting the scope requirements of WAC 478-121-600.

(b) The hearing officer will permit each party's hearing advisor to ask the other party and any witnesses all relevant questions and follow-up questions((, including those challenging credibility)). Such cross-examination will be conducted directly, orally, and in real-time. Only relevant ((cross-examination and other questions may be asked of a party or witness))questions will be allowed. Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(c) If a hearing advisor is disruptive or interferes with any aspect of the proceeding, as determined by the hearing officer, the hearing advisor may be removed and a new hearing advisor made available to the party.

(((8) The university will create an audio, audiovisual, or transcribed recording of the hearing. Upon request to the hearing office or as may otherwise be required under Part VII of this code, the university will make the recording available to the parties for inspection and review.

(9) Hearings will be conducted in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. Part 99) except to the extent preempted by 34 C.F.R. Part 106.))

(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))issue an initial order regarding responsibility in accordance with RCW 34.05.461, which will be simultaneously served on the parties. The ((written determination))initial order 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)), may be considered.

(3) The hearing officer must provide the ((written determination))initial order 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.

(1) A party may appeal a determination of responsibility in a conduct matter that includes allegations from Part VII of this code on any of the following bases:

(a) Procedural irregularity affected the outcome of the matter;

(b) A material error substantially affected the outcome of the fact finding or sanctioning;

(c) New evidence that was not reasonably available at the time the determination regarding responsibility and/or dismissal was made could affect the outcome of the matter; and/or

(d) A university official involved in the formal complaint investigation or adjudication had a conflict of interest ((or))due to a personal relationship with a party or witness, or a bias for or against complainants or respondents generally, or the individual complainant or respondent, that materially affected the outcome of the matter.

((If one of the grounds is to consider newly discovered evidence, that evidence must be provided with the appeal.

(5) Appeals of a determination regarding responsibility will be made by a panel consisting of an odd number of members, and such appeals will be decided within thirty calendar days of the deadline for the nonappealing party's response. The panel will be managed by a nonvoting individual who may be the review coordinator as defined in WAC 478-121-050(11). The panel may include reviewing officers, as defined by WAC 478-121-050(13), and may decide appeals of determinations of responsibility regarding EDFR prohibited conduct under Part VII or initial orders regarding prohibited conduct under Part II of this code.))(2) Procedures and requirements for appeals for matters that include allegations from Part VII of this code will follow the provisions on appeals found in Parts I through VI of this code. In addition, when an appeal involving one or more allegations from Part VII of this code is received, the university will provide the nonappealing party the opportunity to submit a written statement within 21 calendar days of receipt of notice of the appeal. This is the nonappealing party's opportunity to respond to the appeal.