EWU Title IX Lawyer: An Eastern Washington University Student Respondent Guide

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

Which policy applies

For complaints against students, EWU’s process is a state rule: Chapter 172-125 WAC, Discrimination and Title IX Violations by Students. The EWU Board of Trustees adopted it under RCW 28B.35.120, and the official text is published by the Washington State Legislature on app.leg.wa.gov. It covers discrimination, discriminatory harassment, sexual harassment, sexual assault, other sexual misconduct, domestic violence, dating violence, stalking, and retaliation by students and student organizations.

EWU’s other documents point to the same rule. The Student Conduct Code, Chapter 172-121 WAC, says EWU follows chapter 172-125 for these reports and "In no case will this code be used to investigate and adjudicate violations of chapter 172-125 WAC." EWU Policy 402-07 (Title IX Investigations & Hearings, effective June 26, 2025) covers formal Title IX complaints against employees and says complaints against students are handled under WAC 172-125. Its web address still contains the word "interim," but the page itself lists the June 26, 2025 permanent version.

Which version, and EWU’s posted copy

On September 25, 2026, the Legislature’s chapter page showed a last update of May 18, 2026. The section history notes show three stages:

  • The chapter was first adopted effective November 28, 2024.
  • The process sections were rewritten, and the Level Three process for formal Title IX complaints was added, effective August 1, 2025.
  • Section 172-125-010 (the conduct standards and definitions) was amended effective June 18, 2026.

Before November 28, 2024, student sexual misconduct was addressed in the Student Conduct Code (former WAC 172-121-304, repealed that day). The rule does not say which version applies to an older incident or complaint. The version that applies to you can depend on your incident date and on when the complaint or notice came, so confirm it with the Title IX office. This page describes the rule as currently published.

EWU also posts its own copy of chapter 172-125 in its policy library. We compared it with the official text. The procedures and every deadline match, but EWU’s copy of section 010 does not include the June 18, 2026 amendments, and it numbers the conflicts-of-interest section 172-125-075 instead of 172-125-302. This page follows the official Legislature text.

Where EWU documents disagree

  • EWU’s Interim Policy 402-01 (Sexual Misconduct, Interpersonal Violence & Title IX Responsibilities, effective July 29, 2026) says in its opening Applicability line that complaints against students are handled under the Student Conduct Code, WAC 172-121. Its own scope section and chapter 3, the Student Conduct Code, and chapter 172-125 all say student complaints go through chapter 172-125. Check which rule your notice cites.
  • On hostile-environment sexual harassment, WAC 172-125-010 requires conduct that is subjectively and objectively offensive and "So severe and pervasive that it created a hostile environment by effectively denying a person equal access to the university’s programs or activities." Policy 402-01 uses "So severe or pervasive" and different wording. For a student case, ask which definition the charge relies on.

Washington law in the rule

The rule itself says a Level One case "is considered a brief adjudicative proceeding pursuant to RCW 34.05.482," and that Level Two and Level Three cases are full adjudicative proceedings under chapter 34.05 RCW, Washington’s Administrative Procedure Act. After the final university appeal, the rule says "Judicial review of the university’s decision may be available under chapter 34.05 RCW."

Report vs. formal complaint

Anyone may report concerns about a student to EWU’s Civil Rights Office, the Title IX coordinator, or Student Rights and Responsibilities. A complaint is "an oral or written request to the university to investigate a report of discrimination." The Title IX coordinator can also file a complaint for the university and does not become the complainant by doing so.

A formal Title IX complaint is narrower. Under WAC 172-125-300 it is "a formal signed complaint" from a current student, applicant, employee, program participant, or the Title IX coordinator, alleging sexual harassment, sexual assault, domestic violence between intimate partners, dating violence, or sex-based stalking, for conduct on university premises, during a university program or activity within the United States, or at a building owned or controlled by an officially recognized student organization. The rule says "Formal Title IX complaints must be made in writing." EWU’s Title IX FAQ describes a Title IX complaint as a request "whether verbal or in writing"; the rule’s written, signed requirement is what this page follows.

After a complaint arrives, the Title IX coordinator decides whether it falls under chapter 172-125 and which process applies "within 14 calendar days of receiving such complaint." That time can be extended if more information is needed or there is an active criminal investigation. There are three tracks:

  • Level One (WAC 172-125-210): violations that do not involve felony-level crimes, would not lead to suspension or expulsion, and are not a formal Title IX complaint. The investigator decides responsibility and the director of Student Rights and Responsibilities (SRR) sets any sanction.
  • Level Two (WAC 172-125-220): conduct that involves felony-level crimes or may lead to suspension or expulsion but is not a formal Title IX complaint. The investigator decides, and either party can ask for a full hearing before the student disciplinary council.
  • Level Three (WAC 172-125-225): any complaint that meets the formal Title IX complaint definition. The investigator makes a recommendation, and the student disciplinary council holds a hearing.

Sexual misconduct that does not meet the formal Title IX definition can still be handled under chapter 172-125 through Level One or Level Two. Each level can also decide Student Conduct Code charges that arise from the same facts. Complaints outside the rule’s scope go to SRR under the Student Conduct Code.

EWU’s jurisdiction covers conduct on EWU premises or in an EWU-sponsored program, and off-campus conduct that "adversely affects EWU or an EWU community member." The process can continue after a student withdraws or graduates.

Early steps after notice

If your case goes to investigation, the investigator serves you with a written notice of investigation and allegations. It lists the allegations and the code sections involved and states your rights, including the "Right to remain silent during the investigation," the right to an advisor of your choice, and the "Right to be presumed not responsible." The advisor "may be, but is not required to be, an attorney." At Levels One and Two the advisor is at your own cost. You also get written notice of the date, time, location, participants, and purpose before any interview.

How deadlines are counted matters. Under the rule, documents are served by email to your university address, and "Service is complete when the email is sent." The day of service is not counted. A deadline that ends on a Saturday or Sunday moves to 5:00 p.m. Monday, and one that ends on a university holiday moves to 5:00 p.m. the next weekday. Almost every deadline in chapter 172-125 is stated in calendar days.

Dismissal

The Title IX coordinator may dismiss a complaint if the respondent cannot be identified, the respondent is not a student or student organization, the complainant withdraws allegations in writing, the coordinator declines to pursue them, and what remains would not be a violation, or the conduct would not violate the code even if proved. A formal Title IX complaint without a written complaint from the complainant or the coordinator is dismissed, although the conduct may be addressed through a different process, "but not using the Level Three Process."

If you have already been notified, you receive the dismissal and its reasons at the same time and have the same right to appeal. A dismissal appeal goes to the dean of students "within three calendar days of the Title IX coordinator’s decision." The other party gets three calendar days to respond. The grounds are procedural irregularity, new evidence, or conflict of interest or bias that would change the outcome.

Interim restrictions

The Title IX coordinator makes an individualized safety and risk determination. Interim restrictions "must be in place" when there is cause to believe a student "poses an imminent and serious threat to the health or safety of any student or other individual arising from the alleged misconduct, including themselves." They can include limits on access to areas or facilities, housing changes, restrictions on contact or activities, interim suspension, a required assessment, or administrative leave for student employees. The written notice must say what alleged acts prompted the restriction, how they could violate the code, why the restriction is needed, and how to seek emergency review.

  • An interim suspension gets an automatic emergency appeal review by the vice president for student affairs.
  • For a lesser restriction, you must file a written appeal with the vice president for student affairs "within five calendar days after service of the interim restriction."
  • In all cases, your own written statement is due within five calendar days after service. The review is limited to whether there is adequate cause to believe you pose an imminent and serious threat, and other evidence goes to the investigator.
  • The written decision is due "within 14 calendar days of the date all appeal materials were submitted."

The restriction stays in effect until a decision-maker ends it in writing, and it does not replace the regular investigation. Follow the steps in your own notice.

Investigation and evidence

The investigator contacts both parties and witnesses and gathers evidence. You can identify fact witnesses, expert witnesses, and evidence that helps or hurts either side; you pay for your own expert. The investigator "may choose to place less or no weight upon statements by a party or witness who refuses to respond," but "must not draw an inference about whether or not this code was violated based solely on a party’s or witness’s refusal to respond to the investigator’s questions." Privileged material, treatment records without written consent, and evidence about the complainant’s sexual predisposition or prior sexual behavior are excluded, apart from two narrow exceptions in the rule.

At Levels One and Two, both parties get an equal chance to inspect the relevant evidence, and the investigator decides responsibility by a preponderance of the evidence, meaning "it is more probable than not that an act occurred." If you are found responsible, the SRR director sets the sanction "within seven calendar days of receiving the investigative report."

At Level Three, the investigator sends each party the evidence "directly related to the allegations raised, including the evidence upon which the university does not intend to rely," and "Each party will then have at least 10 calendar days to submit a written response for a Title IX complaint." The final report makes a recommendation to the student disciplinary council. It goes to the SRR director "at least 10 days prior to any hearing" (the rule does not say calendar or business days), and you receive a copy for review and written response.

The rule sets a goal of completing investigations within 90 days, with written notice of any delay and good cause for extensions beyond 90 days. That is a target, not a deadline for you. Policy 402-01 states its own 90-day target running from the date the complaint is received.

EWU’s Title IX FAQ says a respondent’s statement in an EWU sexual misconduct investigation "will not voluntarily be provided to the police," and is released only on a subpoena, warrant, court order, or your request. It also says information reported to EWU Police is shared with the Title IX coordinator and used in the investigation and hearing.

Advisor and hearing

At Level Three, the rule says "The university will provide an advisor to a party that does not have one for the purpose of conducting cross-examination during a hearing," and the SRR director assigns university-provided advisors to parties who do not already have one. (EWU’s procedures web page describes this as an advisor provided "upon request.") At Level Two, a hearing happens only if a party requests one within 21 calendar days (see Appeals).

The student disciplinary council hears the case de novo and decides by majority vote. The rule appoints the council under the Student Conduct Code’s procedures, which call for three members who may be students, staff, or faculty. Key hearing rules in WAC 172-125-230:

  • Notice of the hearing must be served "at least seven calendar days prior to the hearing." When a party requests a hearing, it must be scheduled within 30 calendar days of the request, absent good cause.
  • "All conduct review hearings will be closed." You can ask to participate from a separate room or remotely.
  • You may have one advisor. Advisors may not speak for you "except for Level Three hearings in which case the advisor may question the parties and witnesses." At Level Two, questions are submitted in writing to the presiding officer, and parties and advisors never question anyone directly.
  • Before a question is answered, the presiding officer decides whether it is relevant and explains any exclusion on the record.
  • The investigative report and exhibits are admitted into evidence. Hearsay can be admitted if it is "the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs." The respondent’s prior or subsequent conduct may be considered for purposes such as intent, identity, a pattern of conduct, or credibility.
  • There is no discovery except requests for documents from EWU, due "at least seven calendar days prior to the hearing." An attorney may issue subpoenas, but a party cannot subpoena the other party without an exemption requested at least 10 calendar days before the hearing.
  • "Motions for summary judgment and motions to dismiss are not permitted under this process." Parties and the investigator may give opening statements; advisors may not, and closing arguments are not allowed.
  • Interpreter and accommodation requests should be made at least 10 calendar days before the hearing.
  • If you do not attend, the council decides on the information available. "The council cannot draw an inference regarding responsibility based on the failure to appear or refusal to answer cross-examination or other questions."

The council decides responsibility by a preponderance of the evidence. If it finds a violation, the presiding officer decides sanctions and may review your disciplinary history. The written decision "should be served on the complainant and respondent within 14 calendar days from the date of the hearing."

Conflicts of interest

You can report a conflict of interest or bias of an official to the Title IX coordinator "within three calendar days of becoming aware of the potential conflict" (to the dean of students if the concern is about the coordinator). A council member’s or the presiding officer’s eligibility can be challenged at any time by a motion to disqualify.

Sanctions and holds

Sanctions under WAC 172-125-250 range from admonition, warning, and censure through disciplinary probation (which can include a no-contact order), restitution, fines up to $500, and required assessments, to suspension, expulsion, loss of institutional financial aid, and revocation of a degree. A suspension may be noted on your transcript while it is in effect, and an expulsion may be noted on your transcript. A student employee may also face separate employment action. EWU must place a hold on your academic record if you withdraw after a complaint is filed, or if a complaint is still pending when you would graduate, until it is resolved.

Informal resolution

Informal resolution is voluntary and may be offered at any time before an investigation is complete, but only with a formal complaint on file if the matter meets the formal Title IX definition. The coordinator can refuse it if the conduct could present a future risk of harm. "A party is not required to waive the right to an investigation and/or hearing to participate in this process," and you may withdraw before agreeing to a resolution. A signed agreement is final and waives the formal process, including any appeal, and not completing its terms can lead to a failure-to-comply charge under the Student Conduct Code.

Supportive measures

Supportive measures are free, available to complainants and respondents, and available whether or not a complaint is filed, before, during, and after the process. Examples in the rule include safety planning, "mutual restrictions on contact between the parties," academic or workplace changes, leaves of absence, increased security, counseling, and campus housing changes. They are designed to restore or preserve access "without unreasonably burdening either party." If you disagree with a supportive measures decision, you can file a written appeal with the dean of students "within 10 calendar days of the determination." A respondent who was already notified is offered supportive measures even if the complaint is dismissed.

Appeals

Chapter 172-125 has different appeal routes for each level. Appeals go by email to SRR, as the rule directs, by 5:00 p.m. PST on the last day. Use the deadline and instructions in your own decision letter.

  • Level One: appeal the investigator’s decision or the director’s sanction "by 5:00 p.m. PST within 21 calendar days from the date the investigative report is sent to the parties." The dean of students decides, reviewing only the investigative report except to explain new information. The other party gets five calendar days to respond, and the decision is due within 30 calendar days of the appeal authority receiving all necessary documentation.
  • Level Two: instead of an appeal, request a full de novo hearing before the student disciplinary council, in writing, by 5:00 p.m. PST "within 21 calendar days from the date the investigative report is sent to the parties." The council’s decision can then be appealed as below.
  • Council decisions (Levels Two and Three): appeal "by 5:00 p.m. PST within seven calendar days from the date the student disciplinary council’s decision is sent to the parties." The vice president for student affairs decides, based on the evidence presented to the council except to explain new information. The other party gets five calendar days to respond, and the decision must be issued within 30 calendar days of receiving all necessary documentation.

The appeal grounds are limited to:

  • a procedural irregularity that would change the outcome;
  • new evidence that would change the decision and was "not reasonably available when the investigative report was finalized"; or
  • a conflict of interest or bias of the decision-maker (the investigator or director at Level One; a council member or the presiding officer after a hearing) that would change the outcome.

The appeal authority may affirm, reverse, modify, or remand. Its decision is final within EWU, and the rule says judicial review may be available under chapter 34.05 RCW.

Sanctions during an appeal. The appeal sections say sanctions go into effect immediately after the director’s or council’s decision is issued; section 172-125-250 says they are effective on the decision date "unless the decision specifically identifies an alternative date." To ask for a stay, you must file the request "along with the notice of appeal." The director decides, and "This decision is not subject to appeal."

FAQ

Is an EWU sexual misconduct case handled under the Student Conduct Code?
Under the current rules, no. The Student Conduct Code sends these reports to chapter 172-125 WAC, and the SRR director refers such a complaint to the Title IX coordinator within 24 hours. Charges under both codes that arise from the same facts can be decided in one chapter 172-125 proceeding.

Can my advisor be a lawyer?
Yes. The rule says the advisor "may be, but is not required to be, an attorney." During the investigation the advisor may be present and advise you but may not answer questions for you. At a Level Three hearing, your advisor questions the other party and witnesses.

How long do I have to appeal?
It depends on the decision: three calendar days for a dismissal, five calendar days for a lesser interim restriction, 10 calendar days for a supportive measures decision, 21 calendar days for a Level One appeal or a Level Two hearing request, and seven calendar days after a council decision. Confirm the deadline in your own notice.

What if I do not answer questions or do not attend the hearing?
The investigator may give less weight to statements from someone who refuses to answer but may not find a violation based solely on the refusal. The council decides on the information available if you do not appear and cannot draw an inference about responsibility from your absence or refusal to answer.

What if the incident happened before August 2025?
Chapter 172-125 took its current Level One, Two, and Three form on August 1, 2025, and the chapter itself began on November 28, 2024. Earlier versions, or the former Student Conduct Code rule, may apply to older matters. Ask the Title IX office which version governs your case.

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 Eastern 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 EWU’s Title IX office.

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