Section 132K-126-240. Initiation of disciplinary proceedings.

(1) Complaints. Any member of the Pierce College community may file charges against any student for misconduct. Complaints shall be submitted as soon as reasonably possible, preferably within five academic days after the occurrence of the incident. Charges shall be prepared in writing and directed to the judicial advisor responsible for the administration of the Pierce College judicial system. Information and location of the judicial advisor is available in the vice-president of learning and student success office.

(2) Notice to accused student. When a complaint is filed against a student, the judicial advisor shall, within ten days, serve written notice on the accused student, including a statement of the charges, notice of the opportunity for advance inspection of any affidavits or exhibits the college intends to submit at the hearing, the right to bring council to the hearing to advise them (but not to question witnesses), and the opportunity to present their own version of the facts, by personal statements as well as affidavits and witnesses. The notice shall be sent to the student's last known address shown on college records. Under specific conditions, the judicial advisor may determine it to be beneficial to the college and/or student to meet with a student immediately. In those circumstances, due process procedures shall follow.

(3) Informal process. The judicial advisor may, but not be required to, conduct an investigation to determine the merit of the complaint and if it can be disposed of informally by mutual consent of the parties involved. For adverse parties who agree to settle the complaint informally, the judicial advisor shall facilitate communication between the complainant(s) and the accused (respondent(s)). The judicial advisor shall determine the best means of conducting the informal process, the purpose of which is to reach an agreement that is mutually satisfactory to the parties, if possible. Interim sanctions may be imposed at any time during the informal process with good reason (see interim sanction section). If the matter cannot be resolved by mutual consent, a summary determination shall be initiated by the judicial advisor. The complainant and the respondent have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney, but advisors are not permitted to speak or participate directly in any hearing before a judicial body, except as permitted by the hearing chair. If the student chooses to be advised by a licensed attorney in the state of Washington, she/he must notify the judicial advisor at least five working days prior to the meeting or conference.

(4) Summary proceedings.

(a) Disposition. After considering the evidence in the case and interviewing the respondent in a summary hearing (if the respondent has appeared at the scheduled conference), the judicial advisor may:

(i) Terminate the proceeding exonerating the student(s);

(ii) Dismiss the case after whatever counseling and advice the judicial advisor deems appropriate; or

(iii) Impose any of the sanctions listed in this code. A written statement of the judicial advisor's decision and findings of fact shall be issued within ten days and shall be served on both the respondent and the complainant. The statement shall indicate in that decision the review and appeals process.

(b) Request for formal hearing. After the judicial advisor's decision, the respondent and/or the complainant may request a formal hearing to challenge a decision reached, or a sanction imposed by the judicial advisor pursuant to the informal disciplinary hearing. Such requests shall be in writing and shall be delivered to the judicial advisor within ten days after the judicial advisor's decision. A time shall be set for a formal hearing not less than seven days or not more than fifteen calendar days after the request for a formal hearing. Notification shall be given if the hearing shall be conducted by telephone. Notification shall be given that the college shall provide an interpreter if required. Written notices shall be in student's primary language or where to get help in interpreting it. Finally, written notices shall include the following: Names of all parties to whom notice is sent; name and address of office representing the college; name, official title, mailing address, and telephone number of the presiding officer; time, place, and nature of the proceeding; statement of the authority and jurisdiction; reference to the statutes and rules involved; plan statement of the matters asserted by the college; and a statement that a party who fails to attend shall default. If there is good reason and the complainant(s) and the respondent(s) agree, time limits for scheduling a hearing may be extended at the discretion of the judicial advisor.

(5) Formal hearings. Formal hearings shall be convened by the judicial advisor and conducted by a judicial body (disciplinary review committee) according to the following guidelines:

(a) Hearing shall be conducted in private. Hearings shall be chaired by the administrative representative of the college disciplinary committees.

(b) The complainants(s) and the respondent(s) shall be expected to attend the formal hearing. Admission of any person to the hearing shall be at the discretion of the committee chair.

(c) In hearings involving more than one accused student, the hearing chair, at his/her discretion, may permit separate hearings for each respondent.

(d) The complainant and the respondent have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney, but advisors are not permitted to speak or participate directly in any hearing before a judicial body, except as permitted by the hearing chair. If the student chooses to be advised by a licensed attorney in the state of Washington, she/he must notify the judicial advisor at least five working days prior to the hearing.

(e) The complainant, the respondent and the college disciplinary committee shall have the right of presenting witnesses and evidence, subject to the right of questioning by the committee, the complainant or the respondent. The hearing chair may limit the scope and number of questions to witnesses.

(f) Pertinent records, exhibits and written statements may be accepted for consideration as evidence prior to, or during, a hearing by the hearing committee at the discretion of the hearing chair.

(g) If at any time during the conduct of a hearing visitors disrupt the proceedings, the committee chair may exclude such persons from the hearing room.

(h) All procedural questions are subject to the final decision of the hearing chair.

(i) After the hearing, the hearing committee shall determine whether the student has violated the code of conduct as charged.

(j) The hearing committee's determination shall be made on the basis of whether it is more likely than not that the respondent violated the code of conduct.

(k) If the hearing committee determines that the student has violated the code of conduct, the body shall determine whether the sanction(s) imposed pursuant to the informal disciplinary conference were appropriate for the violation of the code of conduct that the student was found to have committed.

(l) The hearing committee may reduce or increase the sanctions imposed by the judicial advisor pursuant to the informal disciplinary conference.

(6) The hearing shall be recorded (shorthand, audio, video, stenographer). The record shall be the property of the college and shall be preserved until the decision is final (after the time for appeals has passed).

(7) Any party, at their own expense, may prepare a transcript from the college's record, or cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.

[Statutory Authority: RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-240, filed 2/18/09, effective 3/21/09.]

RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-240, filed 2/18/09, effective 3/21/09.