WAC 132D-120-100   Appeals.  (1) Following a formal hearing, a decision reached by a student conduct board, or a sanction imposed by the student conduct administrator, may be appealed by the respondent or complainant to the executive vice-president of instruction and student services within ten school days of the date of the written decision. Such appeals shall be in writing and shall be delivered to the dean of students or designated student conduct administrator. 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 dean.

     (2) Appeals shall be limited to review of the record of the formal hearing (see disciplinary proceedings section) 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 of 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 executive vice-president of instruction and student services may, upon review of the case, reduce or increase the sanctions imposed by the student conduct administrator or remand the case to the student conduct board and student conduct administrator.

     (4) Final appeal. Following an appeal to the executive vice-president of instruction and student services, a decision reached by the vice-president may be appealed by the respondent or complainant to the college president within ten school days of the date of the written decision. Such appeals shall be in writing and shall be delivered to the dean of students or designated student conduct administrator. Appeals to the college president will be conducted in the same manner as those made to the executive vice-president of instruction and student services. 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 dean.

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



[Statutory Authority: RCW 28B.50.140. 09-19-135, § 132D-120-100, filed 9/22/09, effective 11/1/09. Statutory Authority: RCW 28B.50.140, WSR 88-24-014. 02-24-062, § 132D-120-100, filed 12/3/02, effective 1/3/03. Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-100, filed 12/1/88, effective 1/1/89.]