Section 132M-126-090 - [Effective 1/13/2025] Student conduct committee-Review of initial decision(1) Any party, including a complainant in sex-based harassment cases, may appeal the committee's decision to the president or designee by filing a written appeal with the president's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right, and the initial decision shall be deemed final.(2) The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain an argument why the appeal should be granted. Appeals may be based upon, but are not limited to:(a) Procedural irregularity that would change the outcome;(b) New evidence that would change the outcome and that was not reasonably available when the initial decision was made; and(c) The investigator, decision maker, or Title IX coordinator had a conflict of interest or bias for or against a respondent or complainant individually or respondents or complainants generally.(3) Upon receiving a timely appeal, the president or a designee will promptly serve a copy of the appeal on all nonappealing parties, who will have 10 business days from the date of service to submit a written response addressing the issues raised in the appeal to the president or a designee and serve it on all parties. Failure to file a timely response constitutes a waiver of the right to participate in the appeal.(4) If necessary to aid review, the president or designee may ask for additional briefing from the parties on issues raised on appeal. The president's or designee's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the notice of appeal.(5) The president or designee shall serve a written decision on all parties and their attorneys, if any, within 20 calendar days after receipt of the notice of appeal. The president's or designee's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.(6) In cases involving allegations of sex-based harassment, the president's decision must be served simultaneously on the complainant, respondent, and Title IX coordinator.(7) The president or designee shall not engage in an ex parte communication with any of the parties regarding an appeal.Wash. Admin. Code § 132M-126-090
Adopted by WSR 21-01-145, Filed 12/17/2020, effective 1/17/2021Amended by WSR 25-01-083, Filed 12/13/2024, effective 1/13/2025