WAC 132S-100-407. Appeal from disciplinary action

(1) Except as specified for cases involving allegations of sex discrimination, as set forth in WAC 132S-100-400 , the respondent may appeal a disciplinary action by filing a written notice of appeal with the student conduct officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final. (2) The notice of appeal must include a brief statement explaining why the respondent is seeking review. (3) The parties to an appeal shall be the respondent, complainant (if any), and the student conduct officer. (4) A respondent, who timely appeals a disciplinary action or whose case is referred to the student conduct board, has a right to a prompt, fair, and impartial hearing as provided for in these procedures. (5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence. (6) Imposition of disciplinary action for violation of the student code of conduct shall be stayed pending appeal, unless respondent has been summarily suspended. (7) A student appeals board (SAB) shall conduct a brief adjudicative proceedings for appeals of: (a) Suspensions of 10 instructional days or less; (b) Disciplinary probation; (c) Written reprimands; and (d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions. (8) The conduct review officer shall hear appeals from: (a) Disciplinary suspensions in excess of 10 instructional days; (b) Dismissals; (c) Sex discrimination, including sex-based harassment cases; and (d) Disciplinary cases referred to the conduct review officer by the student conduct officer or student conduct board.