Section 132K-126-270. Appeal.

(1) Following a formal hearing, a decision reached by the college disciplinary committee may be appealed by the respondent or complainant to the vice-president for learning and student success within ten school days of the date of the written decision. Such appeals shall be in writing and shall be delivered to the judicial advisor. The notice of appeal is deemed delivered on the date it is postmarked or the date it is hand-delivered to the office of the judicial advisor.

(2) Appeals shall be limited to review of the record of the formal hearing and supporting documents, except as required to explain the basis of new evidence, for any of the following:

(a) To determine whether the formal hearing was conducted fairly in light of the charges and evidence presented and in conformity with the prescribed procedures, giving the complaining party a reasonable opportunity to prepare and present evidence that the student code of conduct was violated, and giving the respondent a reasonable opportunity to prepare and to present a rebuttal to those allegations.

(b) To determine whether the decision reached regarding the respondent was based on substantial evidence; that is, whether the facts in the case were sufficient to establish the fact that a violation of the student code of conduct had occurred.

(c) To determine whether the sanction(s) imposed were appropriate for the violation committed.

(d) To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the formal hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

(3) The vice-president of learning and student success reviews the entire record. The vice-president of learning and student success must afford each party the opportunity to present written argument. The vice-president of learning and student success may afford each party the opportunity to present oral argument.

(4) The vice-president of learning and student success may, upon review of the case, reduce or increase the sanctions imposed by the college disciplinary committee. The vice-president of learning and student success shall provide a written finding to each party to include findings, conclusions, reasons and basis for materials of fact, law, law or discretion, sanction, and appeal procedures.

(5) The vice-president's decision shall be final.

[Statutory Authority: RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-270, filed 2/18/09, effective 3/21/09.]

RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-270, filed 2/18/09, effective 3/21/09.