Section 132K-125-330. Hearing procedures before the college disciplinary committee.

(1) The college disciplinary committee shall hear, de novo, and make recommendations to the president of the college on all disciplinary cases referred to it by the executive dean of student services or by appeal as specified in WAC 132K-125-220.

(2) A hearing will be conducted within twenty-one business days after disciplinary action has been referred to the committee.

(3) Where a person is charged with an offense punishable by suspension, limited dismissal, or termination of her/his relationship with the college, and where the person:

(a) Waives the opportunity for an informal hearing; or

(b) By a person's conduct (in the judgment of the hearing chair) makes it impossible to conduct an informal hearing; or

(c) Is dissatisfied with the results of the informal hearing; that person is entitled to a formal hearing conducted according to the provisions of RCW 34.05.410 and the guidelines of this chapter. Where an adjudicative proceeding is neither required by law nor requested by the student or the college, the matter may be resolved informally. Brief adjudicative proceedings before the disciplinary committee shall be conducted in any manner which will bring about a prompt, fair resolution of the matter.

(4) The student has a right to a fair and impartial hearing before the college disciplinary committee on any charge of violating the rules and regulations of conduct. The student's failure to cooperate with the committee's hearing procedures, however, shall not preclude the college committee on student conduct from making its findings of facts, conclusions, and recommendations.

(5) Written notice of the time and place of the hearing before the college disciplinary committee shall be given to the student by personal service or certified mail not less than fourteen business days in advance of the hearing. Such notice shall include:

(a) A statement of the time, place, and nature of the disciplinary proceedings; and

(b) A statement of the specific charges against her/him including reference to the particular sections of the rules of conduct involved; and

(c) To the extent known, a list of witnesses who will appear and a summary description of any documentary or other physical evidence that will be presented by the college at the hearings.

(6) The student shall be entitled to:

(a) Hear and examine the evidence against her or him and be informed to the identity of its source; and

(b) Present evidence in her or his own behalf and to cross-examine witnesses testifying on behalf of the college as to factual matters; and

(c) Take depositions upon oral examination or written interrogatories. Discovery shall be done according to the rules of civil procedure or by a less formal method where all parties agree.

(7) The student has the right to be assisted by any advisor they choose, at their own expense. The advisor cannot be an employee of the college. If the student elects to choose a duly licensed attorney admitted to practice in the state of Washington as counsel, notice thereof must be tendered by the student to the executive dean of student services at least seven business days prior to the hearing. The student is responsible for presenting her or his own case and, therefore, the advisor is not permitted to speak or to participate directly in any hearing before a judicial body.

(8) In all disciplinary proceedings, the college may be represented by a designee appointed by the executive dean of student services; that designee may then present the college's case against the student accused of violating the rules of conduct; provided, that in those cases in which the student elects to be represented by a licensed attorney, the executive dean of student services may elect to have the college represented by an assistant attorney general.

(9) The executive dean of student services shall designate a recorder to take notes during the hearing and to prepare a written summary of all evidence, facts, and testimony presented to the college disciplinary committee during the course of the hearing. The proceedings of the hearing, with the exception of the committee deliberations, shall also be tape recorded, and in some instances may be videotaped.

(10) The record in a formal hearing shall contain:

(a) All documents, motions, and intermediate rules; and

(b) Evidence received and considered; and

(c) A statement of matters officially noticed; and

(d) Questions and offers of proof, objections, and rulings thereon; and

(e) As specified in RCW 34.05.476 as now law or hereafter amended.

(11) Following final disposition of the case and any appeals therefrom, the president may direct the destruction of any records of any disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW, as now law or hereafter amended.

(12) The time of the hearing may be advanced or continued for good cause by the college disciplinary committee at the request of the student.

[Statutory Authority: RCW 128B.50.140(13) [28B.50.140(13)]. WSR 99-10-046, § 132K-125-330, filed 4/30/99, effective 5/31/99.]

RCW 128B.50.140(13) [28B.50.140(13)]. WSR 99-10-046, § 132K-125-330, filed 4/30/99, effective 5/31/99.

Rules

132K-125-220,