Wash. Admin. Code § 132S-100-407

Current through Register Vol. 24-23, December 1, 2024

Section 132S-100-407 - [Effective 12/19/2024] Appeal from disciplinary action

(1) Except as specified for cases involving allegations of sex discrimination, as set forth in WAC 132S-100-400, the respondent may appeal a disciplinary action by filing a written notice of appeal with the student conduct officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

(2) The notice of appeal must include a brief statement explaining why the respondent is seeking review.

(3) The parties to an appeal shall be the respondent, complainant (if any), and the student conduct officer.

(4) A respondent, who timely appeals a disciplinary action or whose case is referred to the student conduct board, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

(5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence.

(6) Imposition of disciplinary action for violation of the student code of conduct shall be stayed pending appeal, unless respondent has been summarily suspended.

(7) A student appeals board (SAB) shall conduct a brief adjudica-tive proceedings for appeals of:

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation;

(c) Written reprimands; and

(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.

(8) The conduct review officer shall hear appeals from:

(a) Disciplinary suspensions in excess of 10 instructional days;

(b) Dismissals;

(c) Sex discrimination, including sex-based harassment cases; and

(d) Disciplinary cases referred to the conduct review officer by the student conduct officer or student conduct board.

Wash. Admin. Code § 132S-100-407

Adopted by WSR 20-03-046, Filed 1/9/2020, effective 2/9/2020

Amended by WSR 20-23-031, Filed 11/10/2020, effective 12/11/2020

Amended by WSR 24-23-066, Filed 11/18/2024, effective 12/19/2024