Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-490 - Title IX appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The parties
			 have the right to appeal from the determination of responsibility and/or from a
			 Title IX dismissal, in whole or part, of a formal complaint, as set forth in
			 the initial order.
(2) The
			 president or the president's delegate will determine whether the grounds for
			 appeal have merit, provide the rationale for this conclusion, and state whether
			 the disciplinary sanctions and conditions imposed in the initial order are
			 affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
			 sanctions and conditions.
(3) If a
			 request for reconsideration is received, the Title IX coordinator shall respond
			 within seven business days. The Title IX coordinator shall either deny the
			 request or, if the Title IX coordinator determines that the request for
			 reconsideration has merit, issue amended findings.
(4) If any of the grounds in the request for
			 appeal do not meet the grounds in this policy, that request will be denied and
			 the parties and their advisors will be notified in writing of the denial and
			 the rationale.
(5) If any of the
			 grounds in the request for appeal meet the grounds in this policy, then the
			 other party(ies) and their advisors, and, when appropriate, the investigators
			 and/or the original decision-maker(s) will be notified of the
			 decision.
(6) The other party(ies)
			 and their advisors, and, when appropriate, the investigators and/or the
			 original decision-maker(s) will be mailed, emailed, and/or provided a hard copy
			 of the request with the approved grounds and be provided seven business days to
			 submit a response to the portion of the appeal that was approved and involves
			 them. All responses will be forwarded by the appeal decision-maker(s) to all
			 parties for review and comment.
(7)
			 The nonappealing party (if any) may also choose to raise a new ground for
			 appeal at this time. If so, that will be reviewed for standing by the appeal
			 decision-maker(s)and either denied or approved. If approved, it will be
			 forwarded to the party who initially requested an appeal, the investigator(s)
			 and/or original decision-maker(s), as necessary, who will submit their
			 responses in seven business days, which will be circulated for review and
			 comment by all parties.
(8) Neither
			 party may submit any new requests for appeal after this time period. The appeal
			 decision-maker(s) will collect any additional information needed and all
			 documentation regarding the approved grounds and the subsequent responses and
			 will render a decision in no more than seven business days, barring exigent
			 circumstances. All decisions apply the preponderance of the evidence
			 standard.
(9) A notice of appeal
			 outcome will be sent to all parties simultaneously including the decision on
			 each approved ground and rationale for each decision. The notice of appeal
			 outcome will specify the finding on each ground for appeal, any specific
			 instructions for remand or reconsideration, any sanctions that may result which
			 the recipient is permitted to share according to state or federal law, and the
			 rationale supporting the essential findings to the extent the recipient is
			 permitted to share under state or federal law.
(10) Notification will be made in writing and
			 may be delivered by one or more of the following methods: In person, mailed to
			 the local or permanent address of the parties as indicated in official
			 institutional records, or emailed to the parties' recipient-issued email or
			 otherwise approved account. Once mailed, emailed and/or received in-person,
			 notice will be presumptively delivered.
(11) The grounds for appeal are as follows:
(a) Procedural irregularity that affected the
			 outcome of the matter;
(b) New
			 evidence that was not reasonably available at the time the determination
			 regarding responsibility or dismissal was made, that could affect the outcome
			 of the matter; and
(c) The Title IX
			 coordinator, investigator(s), or decision-maker(s) had a conflict of interest
			 or bias for or against complainants or respondents generally or the specific
			 complainant or respondent that affected the outcome of the matter.