Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-21 - Student conduct code › Section 516-21-290 - Appeal procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Appeals can be
			 made by the respondent (or complainant in incidents involving violence and/or
			 sexual violence, including sexual assault, dating violence, domestic violence,
			 and stalking or any other type of sexual misconduct or gender-based
			 discrimination) and must be made to the dean of students.
(2) The dean of students or their designee
			 reviews the appeal.
(3) Where new
			 information, unavailable at the time of the original meeting, that could
			 substantially impact the original decision, is received, the dean of students
			 or designee may then refer the complaint to the conduct officer for further
			 action as appropriate. The dean of students or their designee may, at their
			 discretion, refer the complaint to a different conduct officer for
			 reconsideration.
(4) In appeals in
			 which the possible or recommended sanction is not expulsion or suspension as
			 determined by the conduct officer, a designee of the dean of students will
			 consider the appeal and hold an informal meeting, giving each party an
			 opportunity to be informed of the conduct officer's view of the matter and to
			 explain their view of the matter.
(5) In appeals in which the possible or
			 recommended sanction is expulsion or suspension as determined by the conduct
			 officer, an appeals board considers the appeal.
(a) The appeals board will provide the
			 respondent and complainant (if applicable) with five days' notice of an appeals
			 hearing date, time and location. An appeal by respondent or complainant will be
			 shared with the other party (parties).
(b) The appeals board meets confidentially
			 and reviews the complaint, the results of the subsequent investigation and its
			 findings, and the conduct officer's decision. The board provides an opportunity
			 for respondent and complainant (if applicable) to share information and the
			 board may call witnesses. The appeals board then deliberates in
			 private.
(c) The chair of the
			 appeals board will ensure that appropriate procedures and due process are in
			 place for any respondent(s) and/or complainant(s), including:
(i) Only one official recording of the
			 meeting is made and no other cameras or recording devices are
			 allowed;
(ii) All written materials
			 are shared with any respondent(s) and/or complainant(s);
(iii) Any respondent(s) and/or complainant(s)
			 may be accompanied through the appeals board by an advisor of their choice and
			 at their own expense;
(iv) Any
			 respondent(s) and/or complainant(s) may make brief opening and closing
			 statements;
(v) Any limits on
			 questioning, including no direct questioning between any complainant and
			 respondent; and
(vi) All witnesses
			 and involved parties are sworn in under oath.
(d) After any appeal, the respondent and
			 complainant (if applicable) may request that a decision be reviewed by the dean
			 of students. This request for review must be made in writing within ten days of
			 the written outcome of an appeal. The dean of students will review the written
			 documentation only; any involved person (e.g., respondent, witnesses,
			 complainant) may be called to meet if necessary and at the discretion of the
			 dean of students.
(e) During
			 limited times during the year, such as break periods and summer quarter, when
			 board members are unavailable, an interim board may be appointed by the dean of
			 students.