CWU Title IX Lawyer: A Central Washington University Student Respondent Guide

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Students who look for a CWU Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Central Washington University (CWU) handles a Title IX or sexual misconduct complaint against a student under its published policy and rules. Your own notice, and the version of the rules that applies to your case, control the actual deadlines.

Which policy applies

For a Title IX complaint against a student, CWU uses two documents in sequence:

  • CWU 401-01, Title IX – Discrimination on the Basis of Sex and Sexual Misconduct, effective June 10, 2025. Its Appendix A, the Supplemental Title IX Grievance Procedure, covers the formal complaint, dismissal, informal resolution, emergency removal, and the investigation.
  • Chapter 106-125 WAC, the Student Conduct Code, a Washington state rule adopted by CWU’s board under RCW 28B.35.120. Its "Supplemental Title IX Student Conduct Procedures," WAC 106-125-200 through 106-125-245, cover the disciplinary notice, the hearing, the decision, and the appeal. Policy 401-01 says "Proceedings against a student respondent shall be conducted before the Student Conduct Council in accordance with the Supplemental Title IX Student Conduct Code Procedures under WAC 106-125-200 through 106-125-245."

The Title IX track applies only when the alleged conduct occurred in the United States, during a university educational program or activity, meets the rule’s definition of sexual harassment, and the complainant was participating or trying to participate in a CWU program when the formal complaint was filed (WAC 106-125-210). Sexual misconduct that falls outside those limits can still be charged under the general Student Conduct Code. CWU’s Office of Student Rights and Responsibilities (OSRR) says those cases "will be addressed using the Student Discrimination Complaint Procedures," which are Appendix A of CWU 403-04, Discrimination Complaint and Resolution Policy.

Which version applies to you

The version that applies to you can depend on your incident date and on when the complaint or notice came, so confirm it with CWU’s Title IX office and check the rule your notice cites. The dates below come from the official Washington State Register.

  • Chapter 106-125 WAC was last amended effective March 25, 2022, which is when the current Title IX supplemental procedures took effect in the codified text. On September 25, 2026, the Legislature’s chapter page showed a last update of February 22, 2022.
  • From September 27, 2024, CWU operated under emergency rules (WSR 24-20-071, filed again with the same text as WSR 25-03-118 on January 21, 2025) written for the 2024 federal Title IX regulations. They repealed WAC 106-125-045 and the Title IX supplemental procedures.
  • CWU rescinded the emergency rule effective April 18, 2025 (WSR 25-09-096), citing the return to the 2020 federal regulations. Since then, the official code again shows only the 2022 text.
  • Policy 401-01 had an interim version dated July 24, 2024; the current version is effective June 10, 2025.

No document says which version governs an incident or complaint from the emergency-rule period. This page describes the rules as currently published.

A revision is pending. On April 23, 2026, CWU filed a preproposal notice (WSR 26-10-004) saying it "intends to adopt rules amending chapter 106-125 WAC pertaining to the student conduct code." Through Register issue 26-18 (September 2026), no proposed rule text had appeared. Recheck the rule before relying on any step below.

CWU’s own posted copy of chapter 106-125 in its WAC policy pages matches the official text.

Other CWU documents you may see

CWU 401-02 (Sexual Harassment, effective December 28, 2022) and CWU 701-02 (Sexual Misconduct Response, effective June 13, 2018) use older definitions and do not set Title IX hearing steps. OSRR’s Sexual Misconduct page refers to the Title IX grievance procedure as "CWUP 401-02"; the grievance procedure itself is Appendix A of Policy 401-01. CWU’s Civil Rights Compliance pages label the student discrimination procedure "Appendix B," while Policy 403-04 itself calls it Appendix A.

Report vs. formal complaint

Anyone can report sexual misconduct to CWU’s Title IX Coordinator, including through CWU’s Concern and Support form, and students may report anonymously. After a report, the Title IX Coordinator reviews it and contacts the complainant, and responding is optional for the complainant.

A report alone does not start a Title IX investigation. Policy 401-01 defines a formal complaint as "a writing submitted by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that CWU conduct an investigation." It says "CWU will not proceed with either resolution process without a formal complaint."

For the Title IX track, "sexual harassment" under WAC 106-125-205 covers quid pro quo harassment, sexual assault (nonconsensual intercourse, nonconsensual contact, incest, and statutory rape), domestic violence, dating violence, stalking, and hostile environment harassment, defined as "unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s educational programs or activities, or employment." A CWU Civil Rights Compliance web page describes hostile environment harassment with different wording ("subjectively and objectively offensive and so severe or pervasive"). Policy 401-01 uses the same wording as the rule. Check which definition your notice relies on.

The general Student Conduct Code has its own sexual misconduct and sexual harassment definitions, with a different standard: conduct "sufficiently severe, pervasive, or persistent" to deny, limit, or unreasonably interfere with a student’s participation, or that creates an intimidating, hostile, or offensive environment. The code defines consent as "knowing, voluntary, and clear permission and agreement, by actual words or conduct, to engage (or to continue engaging) in sexual activity" and says "Intoxication is not a defense against allegations of nonconsensual sexual activity."

The code applies to conduct on university premises, at university-sponsored events, and off campus when CWU deems the conduct to threaten safety or security or otherwise adversely affect the university community. CWU "shall not be required to stay disciplinary action" while a criminal or civil case is pending.

Early steps after notice

Once CWU decides a formal complaint would be Title IX sexual harassment if proved, Policy 401-01 requires notices to both parties. The notice of investigation comes before your first interview "to allow the respondent sufficient time to prepare a response to the allegations." It must:

  • identify the parties (if known), the conduct alleged, and the time and location (if known);
  • confirm that you are presumed not responsible and that no final determination will be made until the grievance and disciplinary processes are complete;
  • tell you that you may have an advisor of your choosing, "who may be an attorney";
  • tell you that you may review and inspect the evidence; and
  • describe the rules against knowingly submitting false information.

Before any interview or meeting, you get written notice of its date, time, location, participants, and purpose, "normally at least 48 hours in advance." If your advisor is an attorney, the attorney must enter a notice of appearance with the Title IX Coordinator and the investigator "at least five (5) days before the initial interview or meeting they plan to attend."

Dismissal

The Title IX Coordinator must dismiss the Title IX allegations if the investigator determines the conduct would not be Title IX sexual harassment even if proved, did not occur in a CWU education program or activity, or occurred outside the United States. CWU may also dismiss if the complainant withdraws in writing, the respondent is no longer enrolled or employed, or circumstances prevent gathering enough evidence. Both parties get written notice with an explanation. After reviewing the investigation report, the student conduct officer can also issue a notice of dismissal if the facts do not support Title IX jurisdiction.

A Title IX dismissal does not necessarily end your case. WAC 106-125-210 says it "does not prohibit the university from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the student conduct code under WAC 106-125-020."

Summary suspension

CWU can remove a student before the case is decided through a summary suspension under WAC 106-125-100. The documents differ on who makes that decision:

  • Policy 401-01 says "the Student Conduct Officer may summarily suspend a respondent pursuant to WAC 106-125-100" when a student respondent poses an immediate threat to the health and safety of the campus community or an immediate threat of significant disruption to CWU operations.
  • WAC 106-125-100 says "The dean of student success (or designee)" may summarily suspend a student when the dean has cause to believe the student violated the code and presents an immediate danger to campus safety or security, or an ongoing threat of serious disruption of university operations.

Under the rule, an oral notice must be followed by written notice "within two instructional days" (the code defines an instructional day as a day in an academic term when the university is open, excluding weekends and holidays). The notice states the scope and reasons and schedules a hearing "within three instructional days" before a reviewing officer not otherwise involved. The only issue is "whether probable cause exists to continue the summary suspension," and you can explain why it should end or be narrowed. The written decision is due "within two instructional days of the hearing," and you can ask the student conduct council to review it.

Investigation and evidence

Policy 401-01 promises a neutral investigation. The respondent "shall be presumed not responsible for the alleged conduct unless or until a determination of responsibility is reached after completion of the grievance and disciplinary processes," and the investigator must consider all relevant evidence, both inculpatory and exculpatory. During the investigation:

  • both parties have an equal opportunity to present fact and expert witnesses and other evidence;
  • CWU will not restrict either party’s ability to discuss the allegations or gather evidence, except through a no-contact order based on an individualized threat determination or a court order, and a CWU no-contact order must leave you another way to gather evidence;
  • your advisor may attend any meeting or interview, but "Advisors will not represent or otherwise advocate on behalf of the parties during the investigation process";
  • privileged information (for example attorney-client, medical and counseling, and advocate communications) may not be required or used unless the privilege is waived; and
  • CWU may consolidate related formal complaints, including complaints the parties file against each other.

Before the report is final, both parties and their advisors can review the draft investigation report and all evidence directly related to the allegations, including evidence the investigator does not intend to rely on. "Each party will have ten (10) days in which to submit a written response." If you miss that window, you "will be deemed to have waived their right to submit comments." Policy 401-01 does not say whether those are calendar or business days, so use the date in your own notice.

The final report goes to the Title IX Coordinator, who sends the report and evidence to the parties and to the student conduct officer. Policy 401-01 says formal and informal resolutions are pursued "normally ninety calendar days, with allowances for temporary delays and extensions for good cause shown." That is a target, not a deadline for you.

Informal resolution

If both parties agree, they may pursue informal resolution during the investigation, such as a guided conversation, mediation with a trained mediator, or agreed changes to schedules or housing. It is not available when the allegations are subject to mandatory reporting obligations under applicable law, involve an immediate threat, or involve an employee accused of harassing a student. Under Policy 401-01, CWU "will commence the process within ten calendar days after the parties agree to this option and conclude within thirty days of beginning that process," subject to extensions for good cause. "Either the impacted or responding party may withdraw from the informal resolution process at any time, at which point the formal investigation process will resume." A resolution is recorded in a written agreement signed by both parties.

Advisor and hearing

After the investigation, the student conduct officer "will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action." If so, the officer serves a written disciplinary notice that sets out the basis for Title IX jurisdiction, the alleged violations, the facts, and the range of possible sanctions. It also explains that advisors "will be responsible for questioning all witnesses on the party’s behalf," that "An advisor may be an attorney," and that "The university will appoint the party an advisor of the university’s choosing at no cost to the party, if the party fails to do so." It warns that "if a party fails to appear at the hearing, a decision of responsibility may be made in their absence."

The hearing is before the student conduct council, three university employees appointed by the president or designee. CWU may ask an administrative law judge from the Office of Administrative Hearings, or another trained hearing officer, to preside. Council proceedings follow Washington’s Administrative Procedure Act (chapter 34.05 RCW) and the model rules in chapter 10-08 WAC, as supplemented by the code. Key rules:

  • Timing. "In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties." The hearing notice is served "not less than seven days in advance of the hearing date." Under WAC 106-125-010, a "day" in the code is a calendar day unless otherwise qualified.
  • Attorney advisor notice. For a Title IX hearing, the right to an attorney advisor is "waived unless, at least five days before the hearing, the attorney files a notice of appearance with the conduct council chair with copies to all parties and the student conduct officer." That is a separate filing from the investigation-stage notice. (For standard council hearings outside Title IX, WAC 106-125-075 sets "at least four instructional days before the hearing.")
  • Evidence access. "In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the university intends to offer the evidence at the hearing." The chair can direct an exchange of witness lists and exhibits before the hearing.
  • Advisors. "During the hearing, each party shall be represented by an advisor." If you do not choose one, the Title IX coordinator appoints one "at no expense to the party."
  • Burden and presumption. "The university bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence." "The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved."
  • Closed and recorded. "Council hearings shall be closed to the public, unless all parties (including any complainant) agree on the record that all or parts of the proceeding may be open." The hearing is recorded, and testimony is under oath or affirmation.
  • Relevance. The chair reviews every question for relevance and explains any exclusion on the record. Questions or evidence about the complainant’s sexual predisposition or prior sexual behavior are excluded except to prove someone else committed the conduct or, for prior sexual behavior between the parties, on the issue of consent. Legally privileged information is not considered unless the privilege is waived.
  • Cross-examination. The rule says: "Unless this rule is abrogated by operation of law pursuant to WAC 106-125-201, if a party or witness does not submit to cross-examination during the live hearing, the conduct council must not rely on any statement by that party or witness in reaching a determination of responsibility." It also says the council "may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions," with the same qualifier. WAC 106-125-201 revokes any part of the federal Title IX rule that a court stays or holds invalid. CWU’s documents do not say whether that has happened for either rule, so ask how CWU applies them in your hearing.
  • Absence. If a party does not attend, the council may proceed or serve an order of default.

At the end, the council permits closing arguments "in whatever form the council wishes to receive them." It issues a written initial decision "Within 20 days following the later of the conclusion of the hearing or the receipt of closing arguments." The decision must include findings of fact, conclusions on each allegation with a rationale, any sanctions, any remedies for the complainant, and the appeal process, and it is served on both parties at the same time.

Sanctions

"Violations must be proved by a preponderance of the evidence," meaning "more likely than not." Sanctions under WAC 106-125-030 include a conduct reprimand; conduct probation, which can carry conditions such as restitution, no-contact orders, restrictions on campus access or activities (including housing removal or athletics ineligibility), required education, or a professional evaluation; conduct suspension, "with no refund of tuition or fees"; and conduct dismissal, which is permanent expulsion and "shall be recorded on the student’s academic transcript." Policy 401-01 says a student found responsible for sexual harassment "may receive discipline up to and including dismissal from CWU." CWU may also inform a parent or guardian to the extent the law allows.

Supportive measures

Supportive measures under Policy 401-01 are "non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent regardless of whether the complainant or the Title IX Coordinator has filed a formal complaint." They are set through an interactive process with the Title IX Coordinator and must not unreasonably burden the other party. Examples in the policy include counseling, deadline extensions and course adjustments, schedule changes, leaves of absence, increased security, and mutual no-contact orders. "Determinations about whether to impose a one-way no contact order must be made on a case-by-case basis." If measures are not provided, the coordinator must document why in writing.

CWU’s "What Happens After a Report" page says that once notice of an investigation or resolution process goes to both parties, respondents may request and receive supportive measures "both during and after an investigative process or determination of responsibility." Neither Policy 401-01 nor the rule sets an appeal of a supportive measures decision.

Appeals

Appeal of a Title IX council decision. WAC 106-125-245 says "The parties shall have the right to appeal the initial decision of the student conduct council in accordance with the appeal procedures and timelines under WAC 106-125-045." The conduct review officer decides the appeal. Your written appeal must explain why you disagree and what relief you want, and it must rest on at least one of these grounds:

  • insufficient evidence: the decision "was not supported by a preponderance of the evidence";
  • new evidence "not available at the time the disciplinary action was taken" that "should result in a different outcome";
  • procedural or other error, including a wrong interpretation or application of the code; or
  • disproportionate outcome: the disciplinary action "was not proportionate to the student conduct violation(s) alleged."

The chapter does not state a number of days for appealing a council decision. Section 045 refers to the time period "as further specified in these rules," and the specific deadlines in section 050 cover only decisions by the student conduct officer. Use the deadline stated in your initial decision and confirm it with OSRR. A late appeal waives your right to appeal.

The review is "limited to the hearing record made before the student conduct council," and the parties may file written statements. The conduct review officer serves a written decision "within 20 days of the date for the parties to submit written statements," deciding whether the grounds have merit and whether the sanctions are "affirmed, vacated, or modified." That decision is final within CWU, and it must include "a notice that reconsideration and/or judicial review may be available."

Sanctions during an appeal. Under WAC 106-125-045, "The implementation of disciplinary action imposing a conduct suspension of any length, removal from student housing, or conduct expulsion shall be stayed pending the time for filing an appeal and the conclusion of disciplinary proceedings. Other disciplinary sanctions shall not be stayed." OSRR’s Student Conduct Code Appeals page lists only suspension and dismissal as stayed.

Appeals outside the Title IX track. If your case is handled by a student conduct officer decision instead, the documents give different instructions, and you should follow your decision letter:

  • WAC 106-125-050: appeal to the conduct review officer within 10 days of service for a reprimand, probation, a suspension "not in excess of 10 days," housing removal, or athletics ineligibility, and within 20 days of service for a suspension "in excess of 10 days" or a dismissal.
  • OSRR’s appeals page: email the appeal to OSRR within 10 days "of notice of the disciplinary decision" for anything "other than suspension or dismissal," and within 20 days for "a conduct suspension or a conduct dismissal (expulsion)."
  • Policy 403-04, Appendix A: submit a student conduct appeals form to "the office of the dean of student success" within 10 days of service (dismissed proceedings, reprimand, probation, or a suspension of up to ten days) or 20 days of service (a longer suspension or a dismissal).

FAQ

Is a CWU sexual misconduct case always a Title IX case?
No. The Title IX track under WAC 106-125-200 through 106-125-245 applies only when the WAC 106-125-210 requirements are met and a formal complaint is filed. Other sexual misconduct can be charged under the general Student Conduct Code, and OSRR says those cases use the Policy 403-04 student discrimination complaint procedure.

Can my advisor be a lawyer?
Yes. Policy 401-01 and the rule both say your advisor may be an attorney. An attorney must file a notice of appearance at least five days before the initial interview or meeting they plan to attend, and again at least five days before a Title IX hearing. During the investigation the advisor supports and advises you; at the hearing the advisor questions the witnesses for you.

What if I do not have an advisor for the hearing?
Each party must have an advisor at a Title IX hearing. If you do not choose one, CWU appoints one at no cost to you.

Will a criminal case pause the CWU process?
Not necessarily. The code says CWU "shall not be required to stay disciplinary action" pending a criminal or civil proceeding arising from the same conduct.

What if my incident or complaint dates from September 2024 to April 2025?
CWU operated under emergency rules from September 27, 2024 until they were rescinded effective April 18, 2025. No document says which version governs a matter from that period. Ask the Title IX office which version governs your case, and check the rule your notice cites.

More guides for Washington schools: Washington Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Central Washington University. Rules change, and the version that applies can depend on your incident and notice dates, so confirm every deadline against your own notice, the currently published rules, and CWU’s Title IX office.

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