There shall be a single faculty appeal board which will serve all University of Washington campuses. The faculty appeal board shall be composed of at least seven members of the faculty to be appointed by the chair of the faculty senate after consultation with the faculty council on student affairs, to include one faculty member from each of the University of Washington Bothell and Tacoma campuses. The chair of the faculty senate shall appoint one of the members to be the chair of the faculty appeal board. The faculty appeal board shall conduct either administrative reviews or formal hearings and the procedures to be used shall depend on the nature of the appeal before the board. Cases may be heard by the entire board or by panels of no fewer than three board members.
(1) The faculty appeal board may conduct an administrative review when exceptional circumstances do not exist or a student has not requested a formal hearing in writing.
(2) The procedures for conducting such administrative review are set forth in WAC 478-120-105
. The chair shall maintain a record of all administrative reviews conducted by the faculty appeal board. At a minimum, such a record shall include all documents that were considered by the board and may include an audio recording of all testimony and all other documents related to the review.
(3) The faculty appeal board shall conduct a formal hearing when:
(a) The respondent, and in a case involving an allegation of sexual misconduct, a complainant, requests a formal hearing before the faculty appeal board in writing setting forth the exceptional circumstances that exist (see below); and
(b) The chair reviews the student's written request and determines that exceptional circumstances do exist. Additionally, the faculty appeal board may conduct a formal hearing in other circumstances as the board deems appropriate. If the faculty appeal board does not conduct a formal hearing, it shall conduct an administrative review of the prior decision.
(i) Exceptional circumstances exist when:
(A) The sanction of dismissal has been recommended; or
(B) The respondent has been charged with hazing; or
(C) The sanction of restitution (in excess of three hundred dollars) has been recommended; or
(D) Suspension has been recommended.
(ii) If the faculty appeal board decides not to grant a written request for a formal hearing, the chair shall provide the parties with a written copy of the board's decision denying the request for a formal hearing within ninety days as specified in WAC 478-120-115
(c) The faculty appeal board shall also conduct a formal hearing as provided in the supplemental provisions set forth in WAC 478-120-137
for cases involving an allegation of sexual misconduct.
(4) If a matter is referred directly to the faculty appeal board and there is no initial order, then the faculty appeal board shall determine whether exceptional circumstances exist or could exist. If exceptional circumstances exist or could exist, then the board shall notify the respondent and in any case involving an allegation of sexual misconduct, the complainant, in writing that he or she has twenty-one days from the date of service of the notice to request a formal hearing. If no such request is made, any right to a formal hearing is waived.
(5) Formal hearings conducted by the faculty appeal board shall be according to the procedural guidelines set forth in WAC 478-120-115
and chapter 34.05
(a) At the conclusion of the formal hearing, the faculty appeal board shall enter an initial order based on the findings of that hearing. That initial order shall include a written statement of the board's decision and the basis for that decision, including procedures for appealing the decision to the president or president's delegate. The initial order shall be provided to the parties within sixty days of the conclusion of the hearing unless the faculty appeal board determines that an extension of time (which shall not exceed thirty additional days) is warranted and informs the parties of such extension. In a case involving an allegation of sexual misconduct, both the respondent and the complainant shall be informed of the board's decision. In a case where the respondent is a minor, the board's decision may be reported to the respondent's parents or legal guardian at the discretion of the conduct officer.
(b) An initial order from a formal hearing may be appealed to the president of the university or the president's delegate for a final review.
(c) If no appeal is timely submitted, the initial order of the faculty appeal board shall become the final order, except that orders of dismissal entered by the faculty appeal board shall be reviewed by the president or the president's delegate in accordance with WAC 478-120-125
(6) The record in cases in which the faculty appeal board conducts a formal hearing shall be as specified in WAC 478-120-115
(7) Board members may be disqualified from a particular formal hearing for bias, prejudice, conflict of interest, or any other reason which may prevent them from serving as impartial judges of the matter before the board.
(a) A committee member may excuse himself or herself for any of the causes set forth in this section by submitting a written statement to the board chair stating facts and reasons for the disqualification.
(b) A student before the faculty appeal board may challenge the impartiality of a board member by written petition. The chair shall determine whether to grant the petition and excuse the board member, stating the facts and reasons for the determination in writing.
(c) Faculty who have been delegated the authority to initiate disciplinary proceedings are disqualified from serving as members of the faculty appeal board.
(8) At the discretion of the chair, board members may be excused from a particular hearing on the basis of compelling personal need after submitting a written request to the chair explaining the basis of the request.
[Statutory Authority: RCW 28B.20.130
and chapter 34.05
RCW. WSR 16-05-097, § 478-120-100, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130
. WSR 07-23-068, § 478-120-100, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-100, filed 4/29/96, effective 5/30/96; Order 72-9, § 478-120-100, filed 11/30/72.]