(a) Appeals of disciplinary action taken by the student conduct officer will be heard by the conduct review officer or student conduct council as further provided in these rules. (b) Appeals of disciplinary action taken by the conduct review officer in a brief adjudicative proceeding will be heard by the dean of student success (or designee) as further provided in these rules. (c) Appeals of disciplinary action ((recommended)) imposed by the student conduct council will be heard by the conduct review officer as further provided in these rules. (5) Ex parte communications. Reviewing authorities (the conduct review officer, student conduct council members, and the dean) may not communicate with any of the parties regarding an appeal without pro- viding notice and an opportunity for all parties to participate. (6) Disqualification. Reviewing authorities may not participate in a proceeding in which they: (a) Are a complainant or witness; (b) Have a direct or personal interest, prejudice, or bias; or (c) Have previously acted in the same proceeding in another ca- pacity. AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-050 Disciplinary action — Appeals. (1) Respondent. The student respondent may appeal the disciplinary action of the stu- dent conduct officer in accordance with the following rules: (a) The respondent may appeal disciplinary action imposing a con- duct reprimand, conduct probation, ((or)) conduct suspension not in excess of ((ten)) 10 days, removal from student housing, or denial of eligibility to participate in intercollegiate athletics by filing a written notice of appeal with the conduct review officer within ((ten)) 10 days of service of the disciplinary decision. (b) The respondent may appeal disciplinary action imposing a con- duct suspension in excess of ((ten)) 10 days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within ((twenty)) 20 days of service of the disciplinary decision. (2) Complainant. The complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations may appeal the disciplinary action of the student conduct officer with respect to such allegations in accordance with the following rules: (a) The complainant may appeal disciplinary action dismissing the proceeding or imposing a conduct reprimand, conduct probation, or con- duct suspension not in excess of ((ten)) 10 days by filing a written notice of appeal with the conduct review officer within ((ten)) 10 days of service of the disciplinary decision. (b) The complainant may appeal disciplinary action imposing a conduct suspension in excess of ((ten)) 10 days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within ((twenty)) 20 days of service of the disciplinary decision. (3) If no appeal is filed within the applicable time period, the disciplinary action of the student conduct officer shall be final.
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OTS-3396.3
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