Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-335 - Appeals of misconduct - Review of decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial decision reached by the
			 student conduct board, the student conduct officer, or the student conduct
			 administrative panel may be appealed by the accused student to the appeals
			 board. The written appeal shall be filed with the chief student services
			 officer within twenty calendar days of the date of the decision. Failure to
			 timely file a notice of appeal constitutes a waiver of the right to appeal and
			 the initial decision of student conduct officer, the student conduct board, or
			 the student conduct administrative panel shall be deemed final. The student's
			 written appeal must include a brief statement explaining why he/she is seeking
			 review. The statement should identify whether any of the specific findings of
			 fact and/or conclusions of law in the initial order are wrong and must contain
			 argument regarding why the appeal should be granted.
(2) The parties to an appeal shall be the
			 respondent and either the student conduct officer, the student conduct board,
			 or the student conduct administrative panel.
(3) An accused student, who timely appeals a
			 disciplinary action, has a right to a prompt, fair, and impartial hearing as
			 provided in these procedures.
(4)Appeals of disciplinary matters involving
			 allegations of sexually violent conduct as defined in WAC
			 132Q-10-105(18) and further detailed in WAC
			 132Q-10-244 shall also include
			 the supplemental appeal procedures set forth in WAC
			 132Q-10-501 through
			 132Q-10-503.
(5)Appeals are reviewed by the appeals board.
			 Except as required to explain the basis of new information, an appeal is
			 limited to a review of the student's written appeal which includes his/her
			 written argument, a verbatim record of the hearing record with the student
			 conduct officer, the student conduct board, or the student conduct
			 administrative panel and supporting documents for one or more of the following
			 purposes:
(a) Determine whether the initial
			 disciplinary hearing was conducted fairly in light of the charges, and whether
			 information was presented in conformity with prescribed procedures giving the
			 accused student a reasonable opportunity to prepare and to present a response
			 to those allegations. Deviations from designated procedures are not a basis for
			 sustaining an appeal unless significant prejudice is evident.
(b)Determine whether the decision is
			 supported by the evidence.
(c)Determine whether the sanctions imposed
			 are appropriate for the violation which the student was found to have
			 committed.
(d)Consider new
			 information, sufficient to alter a decision, or other relevant facts not
			 disclosed in the original hearing, because such information and/or facts were
			 not known to the student appealing at the time of hearing with the student
			 conduct officer, the student conduct board, or the student conduct
			 administrative panel.