Section 132Z-115-045. Appeal and review procedures—General.

The following general rules apply to appeals or requests for further administrative review of disciplinary action at any stage of a student disciplinary proceeding.

(1) Parties. The parties to an appeal or review proceeding shall be the respondent, any complainant in a proceeding involving sexual misconduct allegations, and the student conduct officer.

(2) Filing of appeals.

(a) Appeal periods. An appeal or request for review of disciplinary action must be filed with the designated college official within the applicable time period as further specified in these rules.

(b) Contents of appeal. A party's written notice of appeal or request for review must explain why the party disagrees with the disciplinary decision and what relief or remedy the party is requesting.

(c) Failure to appeal. The failure of a party to file a timely appeal or request for review at any stage of the proceeding waives that party's right to appeal. However, in a proceeding involving sexual misconduct allegations, if any party appeals, the college official receiving the appeal or request for review will notify the other parties and will afford each party the opportunity to participate in the appeal or review proceeding.

(3) Effect of appeal – Stay. The implementation of disciplinary action imposing a conduct suspension of any length or imposing a conduct expulsion shall be stayed pending the time for filing an appeal and the conclusion of disciplinary proceedings. Other disciplinary sanctions shall not be stayed.

(4) Reviewing authority.

(a) Appeals of disciplinary action taken by the student conduct officer will be heard by the conduct review officer or student conduct committee as further provided in these rules.

(b) Appeals of disciplinary action taken by the conduct review officer in a brief adjudicative proceeding will be heard by the vice-president (or designee) as further provided in these rules.

(c) Disciplinary action recommended by the student conduct committee will be heard by the conduct review officer as further provided in these rules.

(5) Ex parte communications. Reviewing authorities (the conduct review officer, student conduct committee members, and vice-president) may not communicate with any of the parties regarding an appeal without providing notice and an opportunity for all parties to participate.

(6) Disqualification. Reviewing authorities may not participate in a proceeding in which they:

(a) Are a complainant or witness;

(b) Have a direct or personal interest, prejudice, or bias; or

(c) Have acted previously in another capacity.

[Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-045, filed 6/19/15, effective 7/20/15.]

RCW 28B.50.140. WSR 15-14-013, § 132Z-115-045, filed 6/19/15, effective 7/20/15.