Section 132Q-10-320. Interim suspension and other sanctions.  


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  • (1) In certain circumstances, the chief student services officer/Title IX coordinator, or his/her designee may impose an interim suspension from college or other sanctions prior to the proceeding with the student conduct officer being conducted pursuant to WAC 132Q-10-310. Interim suspension or other sanctions may be imposed only if there is reasonable cause to believe that the accused student:
    (a) Has violated a provision of the standards of conduct for students;
    (b) In situations involving an immediate danger to the health, safety, or welfare of members of CCS or the public at large;
    (c) To ensure the student's own physical safety and well-being; or
    (d) If the student poses an ongoing threat of disruption to, or interference with, the operations of the college.
    (2) During the interim period, a student may be denied access to classes, activities and privileges, as the student conduct officer determines while an investigation and/or formal disciplinary procedures are pending.
    (3) Notice. Any student who has been suspended on an interim basis shall be served with written notice or oral notice of the summary suspension by the chief student services officer/Title IX coordinator, or his/her designee. If oral notice is given, a written notification shall be provided to the student within two business days of the oral notice in person, by regular mail or electronic mail. Notice by mail is sent to the student's last known address. If the student no longer is enrolled at the time notice is sent, the notice is sent to the student's permanent address. The student is responsible for providing the college the current address. The notice shall be entitled "Notice of Summary Suspension" and shall include the reasons for imposing the interim suspension, including reference to the provisions of the standards of conduct for students that have been allegedly violated, the date, time and location where student must appear for a hearing on the interim suspension; and the conditions, if any, under which the student may physically access the campus or communicate with members of the campus community. The student conduct officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension. If the student has been trespassed from the campus, a notice against trespass shall be included that warns the student that his or her privilege to enter into or remain on college premises has been withdrawn, that the accused student shall be considered trespassing and subject to arrest for criminal trespass if the accused student enters the college campus other than to meet with the student conduct officer, or to attend a disciplinary hearing.
    (4) The issue before the student conduct officer during the interim suspension hearing is whether there is probable cause to believe that interim suspension is necessary and/or whether other less restrictive interim disciplinary action is appropriate. For the purpose of this section, probable cause means sufficient facts to lead a reasonable person to believe that the elements necessary for imposing a summary suspension have been satisfied. The student shall be given an opportunity to explain why summary suspension is not necessary either through oral testimony or written statement.
    (5) If the notice of summary suspension proceedings has been served upon the accused student in accordance with these rules and the student fails to appear at the designated hearing time, the student conduct officer may order that the summary suspension remain in place pending imposition of final disciplinary action.
    (6) The student conduct officer shall issue a written order within two instructional days of the hearing, which shall include a brief statement of findings of fact and conclusions of law, the policy reasons justifying imposition of the summary suspension, and setting forth the student conduct officer's decision in the matter. If the summary suspension is upheld and/or other discipline imposed, the order shall inform the student of the duration of the summary suspension or the nature of the disciplinary action(s), conditions under which the summary suspension may be terminated or modified, and procedures by which the order may be appealed.
    (7) To the extent permissible under law, the student conduct officer shall provide a copy of the order to all persons or offices that may be bound or protected by it.
    (8) The interim suspension shall not replace the regular discipline process, which shall proceed as quickly as feasible in light of the interim suspension. If a full hearing before the student conduct officer, the student conduct board or the student conduct administrative panel can be convened in a timely manner, the hearing on the interim suspension can be consolidated with the hearing on the merits.
    [Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-320, filed 7/21/15, effective 8/21/15.]
RCW 28B.50.140. WSR 15-15-161, § 132Q-10-320, filed 7/21/15, effective 8/21/15.

Rules

132Q-10-310,