found to be violated, and any ((recommended)) sanction(s) imposed. Any findings based substantially on the credibility of evidence or the de- meanor of witnesses shall be so identified. (3) The council chair shall cause the ((recommended)) initial de- cision to be served on the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct or discriminatory harassment allegations. In a proceeding involving sexu- al misconduct or discriminatory harassment allegations, the decision will state whether ((the sexual misconduct)) such allegations were substantiated and will describe any sanctions or conditions ((recom- mended)) imposed for the complainant's protection. The copy of the de- cision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual mis- conduct or discriminatory harassment allegations. (4) The council advisor, upon receipt of a timely filed appeal, shall promptly transmit the council's ((recommended)) initial decision and the record of the proceedings for review by the conduct review of- ficer who shall enter a final decision. If no appeal is timely filed, the initial decision of the student conduct council shall be the final decision. AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-090 Student conduct council — ((Review)) Appeal of ((recommended)) initial decision. (1) The ((recommended)) initial de- cision of the student conduct council will be reviewed on appeal by the conduct review officer. The conduct review officer shall have the same authority on review as the student conduct officer to take disci- plinary action. (2) The review by the conduct review officer will be limited to the hearing record made before the student conduct council. The con- duct review officer will afford all parties the opportunity to file written statements explaining why they agree or disagree with the council's ((recommended)) initial decision. The conduct review officer may notify the parties that the review will be limited to reviewing the specific issues raised by the parties. (3) The conduct review officer will serve a written decision upon all parties (including the complainant in any proceeding involving sexual misconduct or discriminatory harassment allegations) within ((twenty)) 20 days of the date for the parties to submit written statements. The decision will adopt or modify the conduct council's ((recommended)) initial decision and will provide a notice that recon- sideration and/or judicial review may be available. (4) In a proceeding involving sexual misconduct or discriminatory harassment allegations, the review decision will explain the reasons for modifying any ((recommended)) disciplinary action imposed with re- spect to such allegations. The copy of the decision provided to a com- plainant will be redacted as needed to exclude any confidential stu- dent information not relating to the sexual misconduct or discrimina- tory harassment allegations. (5) The decision of the conduct review officer shall be final.
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OTS-3396.3
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