supporting the sanction(s), and will provide notice of any appeal rights. (6) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the decision will state whether such allega- tions were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct or discriminatory harassment allegations. AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-045 Appeal and review procedures — General. The fol- lowing general rules apply to appeals or requests for further adminis- trative review of disciplinary action at any stage of a student disci- plinary proceeding. (1) Parties. The parties to an appeal or review proceeding shall be the respondent, any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations, and the student conduct officer. (2) Filing of appeals. (a) Appeal periods. An appeal or request for review of discipli- nary action must be filed with the designated university official within the applicable time period as further specified in these rules. (b) Contents of appeal. A party's written notice of appeal or re- quest for review must explain why the party disagrees with the disci- plinary decision and what relief or remedy the party is requesting. The appeal or request for review must address one or more of the fol- lowing grounds: (i) Insufficient evidence. The disciplinary action taken was not supported by a preponderance of the evidence. (ii) New evidence. New evidence not available at the time the disciplinary action was taken should result in a different outcome. (iii) Procedural or other error. The disciplinary action was tak- en in violation of prescribed procedures or was based on an erroneous interpretation or application of the student conduct code. (iv) Disproportionate outcome. The disciplinary action taken was not proportionate to the student conduct violation(s) alleged. (c) Failure to appeal. The failure of a party to file a timely appeal or request for review at any stage of the proceeding waives that party's right to appeal. However, in a proceeding involving sexu- al misconduct or discriminatory harassment allegations, if any party appeals, the university official receiving the appeal or request for review will notify the other parties and will afford each party the opportunity to participate in the appeal or review proceeding. (3) Effect of appeal – Stay. The implementation of disciplinary action imposing a conduct suspension of any length ((or imposing a)), removal from student housing, or conduct expulsion shall be stayed pending the time for filing an appeal and the conclusion of discipli- nary proceedings. Other disciplinary sanctions shall not be stayed. (4) Reviewing authority.
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OTS-3396.3
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