Section 132C-120-135. Student conduct committee—Initial decision.

(1) At the conclusion of the hearing, the student conduct committee shall permit the parties to make closing arguments in whatever form it wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

(2) Within twenty-one days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) The committee's initial order shall also include a determination on appropriate discipline, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by the respondent, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

(4) The committee chair shall cause copies of the initial decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

[Statutory Authority: Chapter 28B.50 RCW. WSR 15-03-078, § 132C-120-135, filed 1/16/15, effective 2/16/15; WSR 05-10-052, § 132C-120-135, filed 4/29/05, effective 5/30/05; WSR 85-13-067 (Order 24, Resolution No. 52-0585), § 132C-120-135, filed 6/18/85; WSR 80-05-004 (Order 21, Resolution No. 49-0280), § 132C-120-135, filed 4/4/80.]

Chapter 28B.50 RCW. WSR 15-03-078, § 132C-120-135, filed 1/16/15, effective 2/16/15; WSR 05-10-052, § 132C-120-135, filed 4/29/05, effective 5/30/05; WSR 85-13-067 (Order 24, Resolution No. 52-0585), § 132C-120-135, filed 6/18/85; WSR 80-05-004 (Order 21, Resolution No. 49-0280), § 132C-120-135, filed 4/4/80.

Rules

10-08-210,