Section 478-120-125. Review by the president of the university.

(1) Any initial order of the faculty appeal board that is based on the findings of a formal hearing may be appealed for a final review to the president or the president's delegate by a respondent, and in any case involving an allegation of sexual misconduct, a complainant (regardless of whether the complainant participated as a party in the hearing before the faculty appeal board). Upon the submittal of such an appeal, the complainant will be considered a party to the final review. An appeal must be submitted to the president and the conduct officer in writing within twenty-one days of service of the board's initial order for which review is sought. Upon receipt, the president (or president's delegate) shall promptly serve all other parties with a copy of the appeal. Any appeal shall include the reasons for the appeal. However, the president or the president's delegate shall review all orders of dismissal, regardless of whether a student appeals. In a case imposing dismissal, any request for review submitted by a respondent or, in a case involving an allegation of sexual misconduct, a complainant, will be considered concurrently with the president's (or president's delegate's) automatic review of the matter.

(2) The president or the president's delegate shall consider the entire record of the disciplinary proceeding or such portion as may be specified by the parties. At the president's or the president's delegate's discretion, the parties may also supplement the record with additional evidence.

(3) The parties may present their arguments to the president or the president's delegate in writing, and the president or the president's delegate may, at his or her discretion, afford each party an opportunity for oral argument.

(4) Any review by the president or the president's delegate will be conducted in accordance with RCW 34.05.464.

(5) All communications with the president or president's delegate, except for communications necessary to procedural aspects of maintaining an orderly process, must be in the presence of, or with a copy to, all other parties. Ex parte communications received by the president or president's delegate must be placed on the record, and all other parties must be informed of the ex parte communication and given an opportunity to respond on the record.

(6) After reviewing the record and considering the arguments of all parties, the president or the president's delegate shall enter a final order disposing of the matter or remanding the case for further proceedings. A final order shall include, or incorporate by reference to the initial order, all matters required by RCW 34.05.461(3). A copy of the final order shall be served upon all parties.

(7) In a case involving an allegation of sexual misconduct, both the respondent and the complainant shall be informed of the outcome of the review. In a case where the respondent is a minor, the decision of the president or the president's delegate may be reported to the respondent's parents or legal guardian at the discretion of the president or president's delegate.

(8) Notwithstanding any other provisions of this chapter, and before an initial order issued under this conduct code becomes final, the president or the president's delegate may determine that the initial order should be reviewed. Upon such determination, a complainant, in any case involving an allegation of sexual misconduct, if not already a party in the hearing before the faculty appeal board, shall be given the opportunity to participate as a party for the purposes of review by the president or the president's delegate. Notice of the president's (or president's delegate's) decision to review any initial order under this subsection shall be provided to all parties. Any such review shall be in accordance with RCW 34.05.464 and/or 34.05.491.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-125, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 96-10-051, § 478-120-125, filed 4/29/96, effective 5/30/96.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-125, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 96-10-051, § 478-120-125, filed 4/29/96, effective 5/30/96.