Procedural Guidelines for Responding to Allegations Implicating: WSU University Policies and Procedures Manual 10.60, The Policy Prohibiting Discrimination and Harassment

Updated: February 2, 2026

1.0 Purpose

Compliance and Civil Rights (CCR) is WSU’s central authority for intake, investigation, and response to allegations that implicate the WSU Policy Prohibiting Discrimination and Harassment, University Policies and Procedures Manual 10.60 (UPPM 10.60). These procedural guidelines are flexible and may be adapted on a case-by case basis to promote a prompt, impartial, thorough, and effective process.  

2.0 Scope

Consistent with University Policies and Procedures Manual 10.17, CCR has the sole jurisdiction to investigate matters concerning UPPM 10.60 and other civil rights compliance requirements, including: Title IX Compliance, Americans with Disabilities Act (ADA)/Section 504 (Rehabilitation Act of 1973) Compliance, Clery Act (34 CFR 669.46) Compliance, Equal Employment Opportunity Compliance, Washington Law Against Discrimination (WLAD) (RCW 49.60) Compliance, unless specifically delegated or assigned to another office or individual by the President or the CCR Director. Generally, these processes will apply to matters implicating any policy within the purview of CCR. 

If a complaint extends beyond CCR’s jurisdiction, CCR may refer the complaint to another WSU office and/or collaborate with that office to complete the Investigation or to take steps with their policies and procedures in response to concerns. If the complaint does not involve WSU community members or have sufficient nexus to WSU’s operation, activities, or mission, CCR may refer the matter to an outside entity or agency, as appropriate and consistent with applicable privacy laws. WSU community members may include, but are not limited to, employees, students, volunteers, vendors, contractors, affiliates, visitors, and any other person connected to the university. 

CCR may elect to contract with an external investigator to complete an investigation or informal resolution process under UPPM 10.60 and these Procedural Guidelines. In such cases, the external investigator or facilitator will follow WSU policies and procedures and may consult with CCR for questions about WSU policies, processes, precedent, and resources, as appropriate.  

3.0 Intake Consultation

CCR offers intake consultations for individuals who may have a concern implicating UPPM 10.60. During these intake consultations, individuals can share as much or as little information as they feel comfortable sharing. Intake consultations are intended to be a low-pressure environment in which individuals can learn about university policies, procedures, and resources. Individuals may choose to ask hypothetical questions or change/not provide names to protect their privacy. Anonymous consultations are also available. Where an anonymous consultation is desired, individuals can call 509-335-8288 or visit CCR’s office and request to meet with someone anonymously either over the phone or in person.   

During an intake consultation, CCR will generally share the following information:  

  • Options for anonymous reporting and consultation 
  • Availability of Supportive Measures 
  • Process for filing a complaint for conduct implicating UPPM 10.60 Part A or UPPM 10.60 Part B 
  • CCR’s role as a neutral investigator and/or facilitator for informal or alternative resolutions.  
  • Investigative, hearing, and appeals process for complaints, and informal resolution process, where available 
  • Alternative resources, reporting options, and resolution paths, as appropriate 
  • Limitations on confidentiality as described in UPPM 10.60 Section 6.0 

4.0 Case Documentation

CCR documents case related information.  For intake consultations, where a complainant prefers CCR to take limited notes to preserve privacy and/or confidentiality, CCR will typically limit note-taking and record-keeping to basic information. Where a grievance process has been initiated, CCR documents interviews and evidence to the extent possible.  In order to best protect the privacy of participants and to prevent further harm to participants through unnecessary dissemination, CCR does not maintain audio and/or video recordings of interviews. If CCR utilizes audio and/or video recording devices, it is for the purpose of creating a transcription, and the audio and/or video recording will be destroyed after the transcript is completed (as per Disposition Authority Number 50012).

5.0 Engagement with CCR

CCR treats participants with care and respect and expects the same in return. Participants in CCR’s processes who engage in abusive or disruptive communications with CCR may be asked to leave or may be required to limit communication to writing only.  

Employees may have additional rights beyond those described in UPPM 10.60 and these Procedural Guidelines through their Collective Bargaining Agreement.  

6.0 Response to Reports

As described in UPPM 10.60, individuals can report conduct implicating UPPM 10.60 to CCR. Reports may be filed 24/7 to CCR at:

  • Online reporting form: Reporting website (includes options for filing a report online and seeking language assistance for those with limited English proficiency)
  • Email: ccr@wsu.edu
  • Phone: 509-335-8288
  • In person: Monday – Friday, 8am-5pm, French Administration Building 220, WSU Pullman

CCR typically responds to reports within 1 business day.  

CCR engages with the individual who is identified as the complainant. Third party reports generally lead to outreach from CCR to the identified complainant, although CCR may also consult with the third party reporter, as appropriate. 

When CCR is made aware of a concern implicating UPPM 10.60, CCR will provide the complainant with:  

  • The WSU Policy Prohibiting Discrimination and Harassment, UPPM 10.60 
  • CCR Procedural Guidelines 
  • The availability of supportive measures, which are available with or without filing a complaint and may include alternative resolution options, and that their preferences with respect to supportive measures will be considered
  • How to file a  complaint to initiate a grievance process 
  • Additional resources available to the complaint, including confidential resources 
  • Offer to schedule an intake consultation to learn more about the process 
  • An opportunity to ask questions and receive answers from CCR 
  • The right to have an advisor, which may be a support person or attorney, assist them through their engagement with CCR 

Whether or not a complainant engages with CCR, CCR will document the concern and will consider whether it is appropriate to: 

  • Implement supportive measures 
  • Facilitate university response 
  • Implement alternative resolution paths 
  • Initiate a complaint process where a complainant has chosen not to 

7.0 Complaints

A complaint initiates a formal grievance process, which can lead to an informal resolution or an investigation. Complaints may be filed 24/7 to CCR via the Online Complaint form.

Complaints may be filed by:

  • A complainant (the person who experienced the alleged misconduct),
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of the complaint,  or
  • The CCR Director/Title IX Coordinator or designee.

Complaints must be made in writing.  

Complainants may withdraw their complaints, if desired. Withdrawals for matters implicating UPPM 10.60 Part B must be submitted in writing.

8.0 Complaint Assessment

When a complaint is submitted to CCR, it is assigned to an investigator who will review the complaint and determine whether to proceed with a grievance procedure or dismiss a complaint within 10 calendar days of receiving the complaint or 10 calendar days after receiving relevant clarifying information for the complaint. CCR may dismiss a complaint where:

  • Even if true the complaint does not constitute UPPM 10.60 violations; 
  • The conduct is outside CCR’s scope of authority to investigate;
  • CCR is unable to identify the respondent after taking reasonable steps to do so;
  • The respondent is not currently participating in WSU’s education program or activity and is not employed by WSU, or was not at the time of the alleged incident(s);
  • The complainant voluntarily withdraws any or all of the allegations in the complaint, and any remaining conduct does not constitute an UPPM 10.60 violation, and CCR determines a dismissal is appropriate;
  • The parties voluntarily resolved their matter through an Informal Resolution process; or
  • Specific circumstances prevent an investigator from gathering evidence sufficient to make a determination.

If one of the above factors is present, CCR may dismiss the complaint. CCR will provide the basis for the dismissal in writing to the complainant (and to the respondent if an investigation was already initiated). If one of the above factors is not present, CCR will initiate the formal grievance process.

For allegations under UPPM 10.60 Part A, CCR’s dismissal is final.

For allegations implicating UPPM 10.60 Part B, complainants may appeal a dismissal to the designated appeal reviewer, who has received Title IX training and does not have a conflict of interest or bias. Appeals must satisfy the following requirements:

  • It must be filed within 15 calendar days of the complaint dismissal decision in writing via the Online Appeals Form.
    • A party may request an extension, which the appeal reviewer will grant only for showing of good cause.
  • The appeal must articulate a basis for appeal consistent with the following:
    • Procedural irregularity that would change the outcome
    • New evidence that would change the outcome and that was not reasonably available when the dismissal was made
    • A conflict of interest or bias existing against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Upon receipt of an appeal, the following occurs:

  • CCR will assign the appeal to an appeals reviewer.
  • The appeals reviewer will first determine if the appeal meets the minimum requirements of the appeals process as described above.
  • Within 7 calendar days of receiving an appeal, the appeals reviewer will determine whether it meets the minimum requirements of the appeals process. If it does, the reviewer will notify relevant parties of the appeal; if it does not, the reviewer will inform the appellant and other relevant parties that the appeal is not accepted.
    • Where a respondent(s) has not been made aware of a complaint, the appeals reviewer does not contact the respondent(s) at any stage of this appeal to preserve the privacy of the complainant(s).  Where a respondent(s) is aware of a complaint, they are considered a party to the matter and should be notified.

The notice of the appeals process to the party (or parties if applicable) will include:

  • The name, official title, and WSU department of the appeal reviewer;
  • The scope of review;
  • A copy of the appeal;
  • An opportunity for the complainant and the respondent (if the respondent is aware of the complaint) to submit a written statement in support of or challenging the dismissal. Statements must be submitted within 7 calendar days of receiving this notice;
  • A request for supporting documentation or clarifications, as needed; and
  • The timeline for the review, which typically will be completed within 15 calendar days, unless extended for good cause.

The appeals reviewer will review the appeal, CCR case file, and any supporting documents submitted by the party (or parties, where applicable). The appeals reviewer may also invite the appellant, other parties, and/or CCR investigator for an interview.

The appeals reviewer will issue a decision to the relevant parties within 15 calendar days from the date of the notice described above or from the date of receipt of supporting documentation, clarifications, or additional party statements. The decision letter will include:

  • A short summary of the procedural history and stated grounds for appeal;
  • A list of documents and any additional supporting information relied upon in the decision;
  • A summary of the outcome of the appeal review with supporting rationale; and
  • A determination of whether the appeal is denied or granted. If the appeal is granted, the letter will include a requirements to CCR for further action, which may include remanding back to CCR for additional preliminary assessment, investigation, and/or re-assignment to another CCR investigator, if appropriate. 

9.0 Formal Grievance Process

After CCR accepts a complaint, CCR can initiate the formal grievance process. For all stages of a formal grievance process, investigation, hearings, and appeals, parties will be provided with written notice of the date, time, location, participants, and purpose of any meetings or proceedings with sufficient time to prepare.

The formal grievance process will proceed as described in the below sections.

9.1 Notification of Formal Grievance Process

CCR will notify the parties simultaneously of the investigation within 10 calendar days of accepting a complaint (notice may be delayed due to safety concerns or other good reason). The notice will include:

  • A brief summary of the allegations
  • WSU’s grievance procedures for responding to the alleged conduct
  • CCR’s role as a neutral investigator and its investigative process
  • A statement that retaliation, interference, and knowingly making a false statement is prohibited
  • A statement that the respondent is presumed not responsible, and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • Notice that the parties may have an advisor, who may be a support person or attorney, participate during the investigation, including specific rights for matters involving Title IX Sexual Harassment
  • Notice that supportive measures are available to both parties
  • Limitations on confidentiality
  • Notice that WSU will not restrict either party from discussing the allegations under investigation or gathering or presenting relevant evidence.
    • This provision does not immunize the parties from the prohibition on retaliation or interference, and does not prohibit WSU from imposing reasonable, non-punitive requirements on parties to prevent disruption in an academic or work setting. 
  • Information on how to request an informal resolution, which may be offered at the discretion of CCR where appropriate
  • Notice that participation in an informal resolution is voluntary and can be revoked at any stage prior to an agreed resolution; 
  • General information about the informal resolution process,
  • Notice that an agreed upon informal resolution precludes parties from initiating or resuming grievance procedures arising from the same allegations. 
  • A brief description of the disciplinary process, including information on the relevant student or employee code or manual
  • Notice that in order to participate in the investigation, the respondent must submit their written statement and/or participate in an investigative interview within 30 calendar days of the date of notice or 30 calendar days after the parties have determined they do not want to proceed with an informal resolution, whichever is later. Requests for extension may be granted on a limited basis by the investigator for a showing of good cause; any such requests will be considered in light of the need to complete the investigation in a timely fashion. 

9.2 Additional Notice Provisions

If during the course of an investigation, CCR decides to investigate additional allegations about the complainant or the respondent, CCR will provide additional notice to the parties. CCR may also consolidate complaints regarding allegations against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.

9.3 Informal Resolution

Where appropriate, CCR may facilitate an informal resolution between parties upon receipt of a written complaint (see Section 8.0 Complaints). Informal resolutions are voluntary processes and require the consent of both parties to proceed. To request an informal resolution:

  • A party submits a complaint to CCR via the online complaint form;
  • CCR will assign the complaint to a staff member.
  • If the complaint warrants formal process under UPPM 10.60 (see Section 9.0 Complaint Assessment), the CCR representative will send notification of a formal grievance process to both parties (see Section 11.1 Notification of Formal Grievance Process).
  • At any time after filing a complaint and prior to a determination of responsibility, the parties may individually or jointly request an informal resolution.
  • CCR will determine whether or not it is appropriate to proceed with the informal resolution request. CCR considers legal compliance, whether the allegations involve an employee subjecting a student to Title IX Sexual Harassment (Informal Resolutions are not allowed for this circumstance), community safety, academic and work environments, and whether or not conduct has already been addressed in determining whether to proceed.  Determinations to proceed are typically completed within 10 business days, unless extenuating circumstances require additional time.
  • The CCR facilitator will notify both parties of the request to proceed with an informal resolution and will share the process for parties to voluntarily consent in an informal resolution.
  • The CCR facilitator will work with both parties to request their feedback on resolution terms and to determine if there are satisfactory resolution terms. Once final terms are identified, CCR will confirm the parties’ agreement to the terms in writing, and CCR endeavors to complete informal resolutions within 60 calendar days with extensions only for good cause.
  • CCR will notify parties of the final outcome in writing. This final outcome is considered a university order.
  • At any time prior to the finalization of an agreement in writing, parties may withdraw from the informal resolution process and may choose to return to an investigation.

If a party violates a resolution, the violation may be reviewed as a violation of a university directive and subject to disciplinary action, or where CCR has a compelling reasons to do so, the informal resolution may be voided. CCR will notify parties where a resolution is voided. Specific violations of an informal resolution can result in disciplinary process for failing to follow a university order. 

Where circumstances change, parties may request CCR modify an existing informal resolution. 

Parties may opt to engage in the Informal Resolution process in lieu of an initiated investigation.

9.4 Investigation

After notifying parties of the formal grievance process, the CCR investigator will generally complete an investigation within 60 calendar days. Where an investigation extends beyond 60 calendar days, CCR will inform the parties in writing of the delay and reason for the delay. During an investigation, the CCR investigator will generally do the following:

  • Treat all witnesses, complainant(s), and respondent(s) with care, dignity, and respect, and provide information on available resources, supportive measures, and informal resolutions, where appropriate.
  • Provide both parties with an opportunity to present witnesses and evidence. Parties may submit to an investigative interview and/or provide a written statement. 
  • Gather all reasonably available fact evidence, including inculpatory and exculpatory evidence, from witness or party interviews and available documentary evidence, statements, video/audio recordings, treatment records, police reports, etc.
    • If treatment records are relevant, the CCR investigator must request a party’s voluntary, written consent to obtain and use as evidence their treatment records (e.g., records maintained by a medical provider). Parties will be informed that if provided, treatment records will become part of the investigative evidence file and may be reviewed and inspected by both parties. 
  • Maintain name and contact information of witnesses
  • Allow advisors to participate throughout the process. However, CCR will direct all communications to the party directly, and interview questions will be asked of the party directly. 
    • For participants who obtain an advisor who is providing them legal services, CCR will include the advisor on process stages, including providing access to investigative records. 
    • For participants in a matter involving UPPM 10.60.B Title IX Sexual Harassment allegations, CCR will include the advisor on process stages, including providing access to investigative records.
  • Provide for sufficient opportunity for the investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility

After an investigation is completed, the next steps (provision of evidence for review, decision-making, appeals, and disciplinary process are dependent on the respondent classification (e.g. student respondent, administrative professional respondent, faculty respondent, etc) and whether the alleged conduct constitutes UPPM 10.60.A or UPPM 10.60.B conduct. The following sections identify these procedures. Note, where conduct includes allegations spanning UPPM 10.60.A and UPPM 10.60.B conduct, the more extensive procedures apply.

10.0 Matters involving allegations under UPPM 10.60.B (Title IX Sexual Harassment)

10.1 Completion of Investigation

After a CCR investigator determines relevant and available evidence has been collected, the CCR investigator will ask the parties if they have any additional evidence they would like to submit. If not, CCR will provide the parties and their advisors with access to the relevant evidence.  The parties will have 10 days to review the evidence and at the conclusion of the 10 days, may provide an additional written statement. Where parties provide additional evidence at this stage, CCR may choose to provide for another evidence review or will consider the evidence and document it in CCR’s investigation report for parties to respond to at a live hearing. Typically, CCR will provide for another evidence review only where the submitted evidence is significantly different or compelling, in order to ensure investigation timeframes are not unreasonably extended.

After the parties have had an opportunity to review evidence and provide an additional written statement, CCR will assess evidence and draft an investigation report which will include recommended findings under UPPM 10.60.  This report will typically be issued within 30 calendar days of the completion of the investigation, although extensions are available for good cause. CCR investigator will typically complete an investigation report within 30 days. The investigation report is issued to the parties and to the relevant supervisors and/or administrators to initiate the hearing process. This report is provided to help the parties prepare for the hearing process. Parties will also be provided with access to evidence to prepare for and during the hearing process by:

  • For matters involving student respondents, the Center for Community Standards,
  • For matters involving faculty respondents, the Office of the Provost or CCR,
  • For matters involving other respondents, CCR.

10.2 Determination of Responsibility and Disciplinary Process

Upon receipt of CCR’s investigation report, administrators will facilitate a live hearing pursuant to:

  • The WSU Student Code of Conduct hearing process for student respondents;
  • The Employee Title IX Hearing Process for non-faculty employee respondents;
  • The formal discipline process described in the Faculty Manual for faculty respondents; or
  • Another comparable process for non-employee/non-faculty/non-student respondents.

The appropriate decision-maker identified in the above policies will make a determination of responsibility and assign sanctions or remedies as appropriate.

10.3 Appeals

Appeals of a determination of responsibility can be submitted by the parties to:

  • The University Appeals Board for student respondents, pursuant to the WSU Standards of Conduct for Students (W.A.C 504-26) or
  • The CCR Appeals Committee (see Appendix A), an independent committee operated out of the Office of the WSU President.

For matters involving student respondents, the procedure for an appeal is available in W.A.C. 504-26-420. For matters involving employee, faculty, or non-employee/non-student/non-faculty, an appeal of a decision can be submitted to the CCR Appeals Committee and must satisfy the following requirements:

  • It must be filed within 15 calendar days of the decision
    • The party may request an extension, which the CCR Appeals Committee will grant only for showing of good cause. 
  • It must be in writing and submitted to the Online Appeals Form
  • It must articulate a basis for appeal consistent with the following:
    • Procedural irregularity that would change the outcome
    • New evidence that would change the outcome and that was not reasonably available when the determination was made whether UPPM 10.60 conduct occurred 
    • A conflict of interest or bias existed against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
  • The CCR Appeals Committee chair will conduct an initial review of all timely filed appeals to determine if they meet the minimum requirements of the appeals process as described above.
  • If the appeal meets these minimum requirements, the Chair will convene the Committee and send notice to the complainant, the respondent, and CCR within 7 calendar days.  The notice will include the following:
    • The name, official title, and WSU department of each of the Committee members who will be reviewing the appeal;
    • The scope of the review, which is limited to insufficient investigation, substantial procedural error, and/or new information as defined above.
    • A copy of the Appeal;
    • An opportunity for both parties to submit a written statement in support of or challenging the outcome;
    • Any request for supporting documentation or clarifications;
    • The timeline for the review.
  • The CCR Appeals Committee has the discretion to invite the Complainant, the Respondent, and/or the CCR investigator for an interview. 
  • The CCR Appeals Committee will issue a decision within 30 calendar days of accepting the appeal. The decision timeline may be extended for good cause. If extended, the Chair will send notice of the extension to the complainant and the respondent. 
  • The decision letter shall include the following:
    • A short summary of the procedural history and stated grounds for the appeal;
    • A list of the documents reviewed by the Committee and any interviews conducted by the Committee;
    • A summary of the Committee’s findings and their rationale; and
    • The final university decision, which may:
      • Affirm the hearing officer’s decision
      • Modify the hearing officer’s decision
      • Vacate the hearing officer’s decision
    • Further action: The committee’s decision is final with respect to the investigation, unless the committee determines that additional investigation by CCR is warranted. 

10.4 Disciplinary Process

Upon receipt of a determination of responsibility and after appeals are exhausted, a supervisor or administrator may initiate further employee disciplinary proceedings as available through the WSU Faculty Manual, the Administrative Professional Handbook, applicable collective bargaining agreements, or WAC 357-40 (civil service employees). 

11.0 Matters that do not involve UPPM 10.60.B allegations

11.1 Employee and Faculty Respondents

11.1.a Determination of Responsibility

Upon conclusion of an investigation, CCR will assess evidence and draft an investigation report which will include findings under UPPM 10.60. The CCR investigation report will typically be issued within 30 calendar days of the completion of the investigation, although extensions are available for good cause. The investigation report is issued to the parties and to the relevant supervisors and/or administrators to initiate next steps in the process. CCR will also provide parties with access to the relevant evidence for purposes of an appeal, upon request.

11.1.b Appeals

An appeal of a determination of responsibility can be submitted by the parties to the CCR Appeals Committee (see Appendix A) and must satisfy the following requirements:

  • It must be filed within 15 calendar days of the decision
    • The party may request an extension, which the CCR Appeals Committee will grant only for showing of good cause. 
  • It must be in writing and submitted to the Online Appeals Form
  • It must articulate a basis for appeal consistent with the following:
    • Procedural irregularity that would change the outcome
    • New evidence that would change the outcome and that was not reasonably available when the determination was made whether UPPM 10.60 conduct occurred 
    • A conflict of interest or bias existed against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
  • The CCR Appeals Committee chair will conduct an initial review of all timely filed appeals to determine if they meet the minimum requirements of the appeals process as described above.
  • If the appeal meets these minimum requirements, the Chair will convene the Committee and send notice to the complainant, the respondent, and CCR within 7 calendar days.  The notice will include the following:
    • The name, official title, and WSU department of each of the Committee members who will be reviewing the appeal;
    • The scope of the review, which is limited to insufficient investigation, substantial procedural error, and/or new information as defined above.
    • A copy of the Appeal;
    • An opportunity for both parties to submit a written statement in support of or challenging the outcome;
    • Any request for supporting documentation or clarifications;
    • The timeline for the review.
  • The CCR Appeals Committee has the discretion to invite the Complainant, the Respondent, and/or the CCR investigator for an interview. 
  • The CCR Appeals Committee will issue a decision within 30 calendar days of accepting the appeal. The decision timeline may be extended for good cause. If extended, the Chair will send notice of the extension to the complainant and the respondent. 
  • The decision letter shall include the following:
    • A short summary of the procedural history and stated grounds for the appeal;
    • A list of the documents reviewed by the Committee and any interviews conducted by the Committee;
    • A summary of the Committee’s findings and their rationale; and
    • A conclusion as to whether the appeal warrants remanding the investigation report for additional investigation by CCR. A conclusion that remand is warranted shall also include specific recommendations to CCR such as, but not limited to the following:
      • Specific witnesses to be interviewed
      • Specific questions of fact left to be determined; and/or 
      • Clarifying details sought.
    • Further action: The committee’s decision is final with respect to the investigation, unless the committee determines that additional investigation by CCR is warranted. 

11.1.c Disciplinary Process

After appeals are exhausted, the disciplinary process described in the employee manual or collective bargaining unit agreement for the respondent will be initiated. For more information, see:

11.2 Student Respondents

11.2.a Determination of Responsibility and Disciplinary Process

Upon completion of an investigation, CCR will notify parties and the Center for Community Standards, and will submit all relevant evidence to the Center for Community Standards. The Center for Community Standards will provide parties with an opportunity to review the collected evidence, and initiate the hearing process as documented in the WSU Standards of Conduct for Students, Washington Administrative Code Chapter 504-26. 

11.2.b Appeals

After the hearing process is completed, parties have an opportunity to appeal as documented in the WSU Standards of Conduct for Students, Washington Administrative Code Chapter 504-26. 

11.3 Non-employee/Non-faculty/Non-student Respondents

11.3.a. Determination of Responsibility

Upon conclusion of an investigation, CCR will assess evidence and draft an investigation report which will include findings under UPPM 10.60. The CCR investigation report will typically be issued within 30 calendar days of the completion of the investigation, although extensions are available for good cause. The investigation report is issued to the parties and to the relevant supervisors and/or administrators to initiate next steps in the process. CCR will also provide parties with access to the relevant evidence.

11.3.b Appeals

An appeal of a determination of responsibility can be submitted by the parties to the CCR Appeals Committee (see Appendix A) and must satisfy the following requirements:

  • It must be filed within 15 calendar days of the decision
    • The party may request an extension, which the CCR Appeals Committee will grant only for showing of good cause. 
  • It must be in writing and submitted to the Online Appeals Form
  • It must articulate a basis for appeal consistent with the following:
    • Procedural irregularity that would change the outcome
    • New evidence that would change the outcome and that was not reasonably available when the determination was made whether UPPM 10.60 conduct occurred 
    • A conflict of interest or bias existed against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
  • The CCR Appeals Committee chair will conduct an initial review of all timely filed appeals to determine if they meet the minimum requirements of the appeals process as described above.
  • If the appeal meets these minimum requirements, the Chair will convene the Committee and send notice to the complainant, the respondent, and CCR within 7 calendar days.  The notice will include the following:
    • The name, official title, and WSU department of each of the Committee members who will be reviewing the appeal;
    • The scope of the review, which is limited to insufficient investigation, substantial procedural error, and/or new information as defined above.
    • A copy of the Appeal;
    • An opportunity for both parties to submit a written statement in support of or challenging the outcome;
    • Any request for supporting documentation or clarifications;
    • The timeline for the review.
  • The CCR Appeals Committee has the discretion to invite the Complainant, the Respondent, and/or the CCR investigator for an interview. 
  • The CCR Appeals Committee will issue a decision within 30 calendar days of accepting the appeal. The decision timeline may be extended for good cause. If extended, the Chair will send notice of the extension to the complainant and the respondent. 
  • The decision letter shall include the following:
    • A short summary of the procedural history and stated grounds for the appeal;
    • A list of the documents reviewed by the Committee and any interviews conducted by the Committee;
    • A summary of the Committee’s findings and their rationale; and
    • A conclusion as to whether the appeal warrants remanding the investigation report for additional investigation by CCR. A conclusion that remand is warranted shall also include specific recommendations to CCR such as, but not limited to the following:
      • Specific witnesses to be interviewed
      • Specific questions of fact left to be determined; and/or 
      • Clarifying details sought.
    • Further action: The committee’s decision is final with respect to the investigation, unless the committee determines that additional investigation by CCR is warranted. 

11.3.c Disciplinary Process

After appeals are exhausted, the department with primary responsibility over the respondent will determine appropriate disciplinary sanctions or remedies.

12.0 Supportive Measures

Supportive measures, as described in UPPM 10.60, can be requested by any individual engaging with CCR. CCR may partner with HRS, Student Affairs, campus police or security, or other relevant departments to facilitate supportive measures or may delegate responsibility for supportive measures to such a department. Requests can be in writing or verbal. CCR will review requests and identify appropriate supportive measures, pursuant to UPPM 10.60. CCR will inform individuals of any available or assigned supportive measures.

Participant needs may vary throughout their engagement with WSU. As such, CCR welcomes requests to modify or change supportive measures, and will review such requests in light of the goals of UPPM 10.60. CCR may also modify or terminate supportive measures at any time for good reason. CCR’s decision as it relates to supportive measures is final.

13.0 Additional Review

In limited circumstances, as warranted by the facts and at the discretion of the CCR Director or designee, CCR may reopen a matter or conduct additional review after an investigation or hearing process is completed. CCR will notify the Center for Community Standards, relevant supervisors and administrators, and/or relevant parties of any additional review.  

Appendix A: CCR Appeals Committee

The CCR Appeals Committee (the Committee) is an independent reviewing committee operated out of the WSU Office of the President.  The WSU President’s standing CCR Appeals Committee (the Committee) will consist of the Committee Chair (the Chair) and two regular committee members, one of whom will be the Committee Vice Chair (Vice Chair). At least two alternate committee members shall be trained in the event that the Chair or one of the committee members is unable to serve on the Committee. The Chair, committee members, and alternate committee members shall be collectively referred to as Members. The CCR Appeals Committee may identify specific members to receive training and serve on matters involving Title IX Sexual Harassment, as needed.

Member Requirements

Each member will receive appropriate training, as determined by the CCR Director, prior to serving on the committee and at least annually thereafter, related to, but not limited to, the following:

  • Due Process and Investigation Procedures; 
  • Sex and Gender Based Violence; 
  • 1st Amendment Protected Speech; 
  • Discrimination & Sexual Harassment; 
  • Title IX Regulations; 
  • Disability Accommodations and Access concerns; 
  • Neutral Assessment and Impartial Judgment; 
  • Implicit Bias and Cultural Competency; and 
  • Conflict of Interest or Bias. 

Conflicts of Interest or Bias

Committee members shall promptly disclose to the Chair any potential conflict of interest or bias. If the Chair has the potential conflict of interest or bias, they shall disclose it to the Vice Chair. 

After consultation with the Attorney General’s Office, the Chair (or Vice Chair, if applicable) shall determine whether recusal is warranted.