Section 132G-120-080. Discipline committee procedural guidelines and safeguards.

A student has a right to a fair and impartial hearing before the discipline committee on any matter appealed to it. Failure to cooperate with the hearing procedures, however, shall not preclude the committee from making its findings of fact, conclusions and recommendations as provided below. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.

(1) The student shall be given written notice at least seven calendar days in advance of the date, time, and place of the hearing, the charge(s) against him/her, a list of witnesses who may appear, and a description of any documentary and/or physical evidence that may be presented at the hearing. The student may waive the seven-day notice requirement by requesting a prompt hearing to contest an order of summary suspension or other summary action.

(2) The student shall be entitled to hear and examine the evidence against him/her. Also, he/she shall be entitled to present evidence in his/her own behalf.

(3) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining guilt or innocence of the alleged misconduct, but the student's past record of conduct may be taken into account in formulating the committee's determination of appropriate disciplinary action.

(4) The student may be represented by counsel and/or accompanied by an advisor of his/her choice.

(5) No one will be required to give self-incriminating evidence.

(6) Hearings conducted by the committee may be held in closed session at the discretion of the committee, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of a hearing invited guests are disruptive of the proceedings, the chair of the committee may exclude such persons from the hearing room.

(7) All proceedings of the committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

(8) An adequate summary of the proceedings will be kept. As a minimum, such a summary would include a tape recording of testimony. The presiding officer or court reporter will require all witnesses and interpreters to give testimony under oath.

(9) The student will be provided with a copy of the findings of fact and with the conclusions and the recommendations of the committee, and he/she will also be advised of the right to file, within seven calendar days, a written statement of further appeal to the president of the college before action is taken on the recommendation.

(10) If discipline is to be imposed after the review provided by this section, the officer who initiated the proceedings shall notify the student in writing of the discipline imposed. The initial order will notify the parent(s) or legal guardian(s) of a dependent student under the age of eighteen of any expulsion or disciplinary probation of a student. The initial order will also notify the parent(s) or legal guardian(s) of students under the age of twenty-one, if the discipline is for violation of college rules against the use or possession of alcohol or controlled substance.

The committee shall establish general rules of procedure consistent with the foregoing procedural safeguards. A copy of any such rules of procedure shall be given to the student in advance of his/her hearing.

[Statutory Authority: RCW 28B.50.140(13). WSR 01-13-065, § 132G-120-080, filed 6/18/01, effective 7/19/01. Statutory Authority: RCW 28B.50.130 and 28B.50.140. WSR 83-07-020 (Order 49:83), § 132G-120-080, filed 3/11/83; Order 1-35:72, § 132G-120-080, filed 11/29/72, effective 1/1/73.]

RCW 28B.50.140(13). WSR 01-13-065, § 132G-120-080, filed 6/18/01, effective 7/19/01. Statutory Authority: RCW 28B.50.130 and 28B.50.140. WSR 83-07-020 (Order 49:83), § 132G-120-080, filed 3/11/83; Order 1-35:72, § 132G-120-080, filed 11/29/72, effective 1/1/73.