Wash. Admin. Code § 132F-121-200 - Student conduct committee hearings - Presentations of evidence
(1) Upon the failure
of any party to attend or participate in a hearing, the committee may either
(a) proceed with the hearing and issuance of its order or (b) serve an order of
default in accordance with
RCW
34.05.440.
(2) The hearing will ordinarily be open to
the public, as further provided in
RCW
34.05.449. However, if the respondent
requests that some or all of it be closed, pursuant to WAC
132F-108-070 and
132F-108-080 or otherwise, the
chair shall determine any extent to which the hearing will be closed. If any
person disrupts the proceedings, the chair may exclude that person from the
hearing room.
(3) The chair shall
cause the hearing to be recorded by a method that he/she selects, in accordance
with RCW
34.05.449. That recording, or a copy, shall
be made available to the respondent upon request. The chair shall assure
maintenance of the proceeding record that is required by
RCW
34.05.476, which shall also be available upon
request for inspection and copying by the respondent. Other recording shall
also be permitted, in accordance with WAC
10-08-190.
(4) The chair shall preside at the hearing
and decide procedural questions that arise during the hearing, except as
overridden by majority vote of the committee.
(5) The vice-president for student services
(unless represented by an attorney) shall present the case for disciplinary
action. The facts justifying any such action must be established by a
preponderance of the evidence.
(6)
All testimony shall be given under oath or affirmation. Evidence shall be
admitted or excluded in accordance with
RCW
34.05.452.
Notes
Statutory Authority: RCW 28B.50.100, 28B.50.130, and/or28B.50.140 . 03-16-015, § 132F-121-200, filed 7/28/03, effective 8/28/03.
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