Wash. Admin. Code § 132F-121-190 - Student conduct committee hearings-In general
(1) A respondent student has a right to a
prompt, fair, and impartial hearing before the student conduct committee on a
referral for, or timely appeal of, a disciplinary sanction, except as otherwise
provided in these rules.
(2)
Chapter 34.05 RCW and chapter 10-08 WAC govern committee proceedings and
control in the event of any conflict with these rules. The district's chapter
132F-108 WAC also governs committee proceedings.
(3) The chair of the committee shall give not
less than seven days advance written notice of the hearing to all parties, as
further specified in
RCW
34.05.434 and WAC 10-08040 and 10-08-045. The
chair may shorten this notice period if both parties agree, and also may
continue the hearing to a later time for good cause.
(4) The committee chair may provide to the
committee members in advance of the hearing copies of (a) the vice president
for student service's notification of imposition of discipline (or referral to
the committee) and (b) the notice of appeal (or any response to referral) by
the respondent. If doing so, however, the chair should remind the members that
these "pleadings" are not evidence of any facts they may allege.
(5) The committee chair is authorized to
conduct prehearing conferences and/or to make prehearing decisions, except as
overridden by majority vote of the committee, concerning the extent and forms
of any discovery, issuance of protective orders, and similar procedural
matters.
(6) Upon request made at
least five days before the hearing by either the respondent or the vice
president, the two of them shall exchange, no later than the third day prior to
the hearing, lists of potential witnesses and copies of potential exhibits that
they reasonably expect to present in their respective cases, except impeachment
or rebuttal evidence. Failure to participate in good faith in such a requested
exchange may be cause for exclusion from the hearing of any witness or exhibit
not disclosed, absent a showing of good cause for such failure.
(7) The respondent and the vice president may
agree before the hearing to designate specific exhibits as admissible without
objection and, if they do so, whether the committee chair may provide copies of
these admissible exhibits to the committee members before the
hearing.
(8) The vice president
shall provide reasonable assistance to the respondent, upon request, in
obtaining relevant and admissible evidence that is within the college's
control.
(9) Communications between
committee members and other persons regarding any issue in the proceeding,
other than procedural communications that are necessary to maintain an orderly
process, are generally prohibited without notice and opportunity for all
parties to participate, and any improper "ex parte" communication shall be
placed on the record, as further provided in
RCW
34.05.455.
(10) Each party may be accompanied at the
hearing by a nonattorney assistant of their choice. A respondent may elect to
be represented by an attorney, but will be deemed to have waived that right
unless, at least four days before the hearing, written notice of the attorney's
identity and participation is served on both the chair and the vice president.
If the respondent is represented by an attorney, the vice president may also be
represented by an attorney. If both the respondent and vice president have
counsel, the committee will ordinarily be advised by a separate assistant
attorney general.
(11) Minor
disciplinary actions imposing probation or suspension of ten instructional days
or less and any conditions or terms placed on the student may be conducted by a
brief adjudicative proceeding in accordance with
RCW
34.05.482 through
34.05.494.
Notes
Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or[28B.50].140 . 03-16-015, § 132F-121-190, filed 7/28/03, effective 8/28/03.
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