Western Washington University Title IX Defense: What Student Respondents Should Know

Awards & Recognitions
As Seen on

If you are a student looking for a Western Washington Title IX lawyer after receiving a notice from Western Washington University (WWU), this page explains how WWU’s published process works for a student respondent. It is general information drawn from WWU’s official policy pages and its Student Conduct Code. It is not legal advice, and this page is not affiliated with or endorsed by Western Washington University. Your own notice and WWU’s Office of Civil Rights and Title IX Compliance (CRTC) are the authority on which rules apply to your case.

Which Policy Applies

WWU’s current sex discrimination policy is POL-U10.27, Prohibiting Discrimination Based on Sex (Interim). The policy page lists an effective date of August 14, 2020 and a revised date of August 1, 2024, and it is labeled "Interim." It applies to conduct alleged to have occurred on or after August 1, 2024. For earlier incidents, WWU says it applies the earlier versions of POL-U1600.02 or POL-U1600.04.

A student case usually moves through two stages:

  1. CRTC stage. Intake, formal complaint, investigation and an investigation report with findings, under PRO-U10.27A, Discrimination Based on Sex Intake and Resolution, effective August 1, 2024.
  2. Office of Student Life stage. When the respondent is a student, the report goes to the Office of Student Life. A student conduct officer decides whether the findings amount to a violation of the Student Conduct Code, chapter 516-21 WAC, and any sanction is appealed under the Code. The Code’s most recent amendments took effect January 23, 2026.

Some of WWU’s documents are not fully in step with each other. PRO-U10.27A still refers to the policy by its former number, POL-U1600.04, and CRTC’s Title IX FAQ page still discusses the 2020 federal regulations. The Code also has a separate Title IX hearing procedure with narrower definitions than POL-U10.27. Ask CRTC which policy version and which hearing route apply to your matter, and check the rule cited in your notice.

Report vs. Formal Complaint

A report to CRTC does not automatically start an investigation. POL-U10.27 lists several options, including a confidential consultation, documentation only, supportive measures, informal resolution, a voluntary Alternative Resolution Agreement, and a formal complaint with investigation.

A formal complaint is a request from an impacted party, made orally or in writing, alleging sex discrimination, retaliation or interference by a respondent and asking WWU to investigate. When necessary and appropriate, the Title IX Coordinator may submit a signed written complaint without one. Before investigating, CRTC must find that the matter is within the policy’s jurisdiction and scope, that the conduct alleged would meet a violation standard, that it is alleged to be based on sex, and that evidence is reasonably available.

The Alternative Resolution Agreement is voluntary for both parties and needs CRTC approval. Either party may withdraw before agreeing to a resolution. A final agreement ends the formal process on the same allegations. It is not available if the respondent has taken part in an earlier Alternative Resolution Agreement.

Early Steps After Notice

Within 10 working days of the date a formal complaint is filed, CRTC decides whether the complaint falls within its jurisdiction and whether to proceed or dismiss. (The policy states this as 10 business days.) If it proceeds, CRTC issues a notice of investigation to the respondent. The notice includes a summary of the allegations, a copy of the policy and procedure, and a description of your rights.

The notice invites you to take two steps, each within 10 working days of the date of notice:

  • submit a written response, which the director or designee may extend for reasonable cause if you ask; and
  • request a meeting with the investigator to discuss the process, ask questions, and raise concerns or requests for supportive measures.

The investigator also invites the respondent to an investigative interview and sets its timing. Under PRO-U10.27A, the investigation continues even if the respondent does not take part in that interview. You are presumed not responsible until a determination is made at the end of the formal complaint process.

Investigation and Evidence

WWU’s stated expected timeline for evidence gathering is 60 calendar days from the date of notice that the investigation began. It allows extensions for good cause with written notice to the parties. Both parties may suggest witnesses and submit evidence.

Before the final report, CRTC gives the parties a description of the evidence and an opportunity to respond. Either party can ask for equal access to the relevant evidence that is not barred as impermissible. PRO-U10.27A does not state a number of days for this response, so follow any deadline given in your notice. Investigations use the preponderance of the evidence standard ("more likely than not").

The investigator’s report goes to both parties and, for a student respondent, to the Office of Student Life. PRO-U10.27A says the appropriate vice president or designee determines actions within 15 working days after receiving the investigative report. For students, a student conduct officer decides whether the findings violate the Code and, if so, what sanction applies.

Advisor Role and Hearing

Advisors. During the CRTC stage you may have a support person or advisor at meetings, and that person may be an attorney. Under the Code, you may be accompanied by an advisor of your choice at your own expense, and an advisor’s scheduling conflicts are not good cause for a delay. You may remain silent or decline to answer questions in a conduct meeting or hearing.

Hearing type. After the CRTC report, the conduct officer decides whether to use a brief hearing before a conduct officer or a full hearing before a conduct board. Full hearings are used when the respondent faces possible suspension or expulsion, and the Code says CRTC reports are "generally" resolved through full hearings. You are entitled to at least three days’ written notice of a conduct meeting, or five days for a full hearing. Under the Code, a "day" is a weekday, excluding holidays, when university offices are open.

Title IX hearing. A separate Title IX hearing procedure (WAC 516-21-291 to -299) applies only to "sexual harassment" as the Code defines it for Title IX purposes. That definition covers quid pro quo harassment, a hostile environment that is severe, pervasive and objectively offensive, sexual assault, dating violence, domestic violence and stalking. The conduct must also have occurred in the United States in a WWU education program or activity. If those requirements are not met, the Title IX proceeding must be dismissed, but WWU may still pursue other Code charges. In a Title IX hearing:

  • each party is represented by an advisor who conducts all questioning for that party; the advisor may be an attorney, and WWU appoints one at no cost if a party does not choose one;
  • the right to have an attorney serve as advisor is waived unless the attorney files a notice of appearance at least five days before the hearing with the committee chair, with copies to all parties and the student conduct officer;
  • the hearing date may not be set less than 10 days after the Title IX coordinator provided the final investigation report to the student conduct officer;
  • the parties have equal access to all evidence the investigator gathered, and WWU bears the burden of proof;
  • the conduct board may not draw an inference about responsibility solely from a party’s or witness’s absence or refusal to answer questions.

The conduct board then issues an initial conduct order with findings, rationale, any sanctions, and a description of the appeal process.

Supportive Measures

Supportive measures are non-disciplinary, free, and available to a respondent as well as a complainant, whether or not a formal complaint is filed. Examples in PRO-U10.27A include counseling, deadline extensions, escort services, restrictions on contact, and changes to class, work or housing. You may ask an impartial employee, other than the person who made the decision, to modify or reverse a supportive measure that applies to you.

Under the Code, the dean of student life may also impose interim measures, such as administrative no-contact or trespass orders, after a complaint. The written notice explains how to object. An interim suspension is allowed only when the dean has cause to believe the student violated the Code and poses an immediate danger, or an ongoing threat of serious disruption. The student then gets written notice and a meeting no fewer than three and no more than seven business days after the notice is sent.

Appeals

The Code says deadlines begin on the date notice is sent to your university email. It also says written decisions are delivered within seven business days of the final meeting with a conduct officer. For hearings, the Code refers to 10 business days after a hearing "with an appeals board," a term its current appeal section no longer describes. Rely on the date and instructions in your own decision.

  • Code appeal. You may appeal the conduct officer’s or board’s findings and/or sanctions in writing to the dean of student life within 10 days of the decision. An appeal may be requested for any reason, including a procedural error that significantly affected the outcome, a substantially disproportionate sanction, a decision that did not properly consider the information, or new information that was unavailable earlier. Parties are told the result in writing within 10 days.
  • Request for review. The Code also says a decision becomes final if there is no request for review within five days (or 10 days of an appeals board decision). How this fits the current appeal procedure is unclear from the text, so confirm any review deadline in your written outcome.
  • Title IX appeal. After a Title IX hearing, the parties may request review of the responsibility determination or a dismissal. The dean of student life considers it. The Code section on Title IX appeals does not state a filing deadline, but the initial conduct order must describe the appeal process. Use the deadline stated in your order rather than assuming the general 10-day window applies.
  • Dismissal appeal at CRTC. A dismissal may be appealed to the Title IX Coordinator or designee. A respondent may appeal if the dismissal came after they were notified of the allegations. PRO-U10.27A states no filing period.

No sanction begins while an appeal or request for review is pending, though interim measures may continue. Conduct records are generally kept six years; records of suspension, interim suspension or expulsion are permanent.

FAQs

Does POL-U10.27 apply to my case?
It governs conduct alleged to have occurred on or after August 1, 2024. For earlier conduct, WWU applies earlier policy versions. Confirm the version with CRTC and check your notice.

Is a report the same as a formal complaint?
No. A report can lead to supportive measures or other options without an investigation. A formal complaint asks WWU to investigate.

How long do I have to respond to a notice of investigation?
The notice invites a written response and a meeting request, each within 10 working days of the date of notice. The director or designee may extend the written response for reasonable cause.

Can my advisor be a lawyer?
Yes. Under the Code, advisors are at your own expense. In a Title IX hearing the advisor conducts all questioning, and an attorney advisor must file a notice of appearance at least five days before the hearing.

What is the appeal deadline?
The Code’s appeal section says within 10 days of the decision, counting weekdays when university offices are open, but the same section also says a decision is final if there is no request for review within five days. The Title IX appeal section does not state a deadline. Use the deadline in your written decision or order and confirm it with the Office of Student Life.

Does a sanction start while I appeal?
No. Sanctions do not begin while an appeal or request for review is pending, though interim measures may continue.

More guides for Washington schools: Washington Title IX lawyer.

Disclaimer

This page is general educational information based on Western Washington University’s publicly posted policies and its Student Conduct Code as of September 25, 2026. It is not legal advice and does not create an attorney-client relationship. This page is not affiliated with, endorsed by, or sponsored by Western Washington University. Policies change, so check the official sources below and the notice you received.

Sources

Awards & Recognitions
As Seen on
close

    100% Secure & Confidential

    MENU