Section 478-120-075. Appeals.

Any initial order may be appealed by timely submission of a written petition to the appropriate body. An order only referring a matter from one hearing body to another, not determining the matter on its merits, is not an initial order.

(1) If no appeal is filed with the appropriate body within twenty-one days of service of the initial order the right to appeal is waived and the order becomes final, except that any initial order imposing the sanction of dismissal shall be subject to review in accordance with WAC 478-120-125.

(2) All petitions for appeal must be made in writing to the appropriate authority (the appropriate chair of one of the university disciplinary committees (Seattle, Bothell or Tacoma), the chair of the faculty appeal board, or the president). The petition must state the reasons for the appeal and indicate points of disagreement with the initial order.

(3) If a student wishes to request a formal hearing before the faculty appeal board, the student's written petition for appeal must also state that a formal hearing is being requested and must identify the specific exceptional circumstances (as defined in WAC 478-120-100 (3)(b)(i)) warranting such a hearing. When conducting administrative reviews of initial orders, the faculty appeal board shall make any inquiries necessary to ascertain whether the proceeding must be converted to a formal disciplinary hearing.

(4) Additional provisions regarding appeals in cases involving an allegation of sexual misconduct are set forth in WAC 478-120-137.

(5) After conducting the appropriate review, the appeal body may sustain, reduce, or vacate the sanction imposed by the initial order, except if that review is in the form of a formal hearing before the faculty appeal board, that board may increase any sanction.

(6) Review by the president or the president's delegate shall be conducted in accordance with WAC 478-120-125.

(7) Only the president or the president's delegate may issue a final order of dismissal.

(8) Sanctions, if any, will be imposed only after an order becomes final, except for actions taken under WAC 478-120-140.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-075, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-075, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039,§ 478-120-075, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 07-23-068, § 478-120-075, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-075, filed 4/29/96, effective 5/30/96.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-075, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-075, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039,§ 478-120-075, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 07-23-068, § 478-120-075, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-075, filed 4/29/96, effective 5/30/96.

Rules

478-120-125,478-120-100,478-120-137,478-120-125,478-120-140,