Section 132K-126-260. Interim sanctions.

In certain circumstances, the judicial advisor may impose any of the above sanctions pending a hearing before, or decision by the college disciplinary committee. Minimum action shall be taken that is deemed necessary to prevent immediate danger.

(1) Interim sanctions may be imposed only:

(a) To ensure the public health, safety, or welfare of members of the college community or the preservation of college property;

(b) To ensure the student's own physical or emotional safety and well-being; or

(c) If the student poses a threat of disruption to, or interference with, the educational process or other normal operations of the college.

(2) Notice of interim sanctions shall be made in writing and shall state:

(a) The charges against the student, including reference to the provisions of this code that were allegedly violated; findings of facts, conclusions of law, and policy reasons for the decision; and

(b) That the student charged has the right to an informal hearing before the judicial advisor to challenge the interim sanctions.

(3) If such a hearing is requested, it shall be held as soon as practical after the interim sanctions have been imposed. The judicial advisor shall decide whether there is probable cause to believe that continuation of the sanctions is necessary, and/or whether some other disciplinary action is appropriate.

(4) The judicial advisor may continue to enforce the interim sanctions if, following the informal hearing, he or she finds that there is probable cause to believe that interim sanctioning of that student is necessary for the safety of the student, of other students, or persons on college facilities, the educational process of the institution, or to restore order to the campus.

(5) The result of the informal hearing shall be given to the student in writing. Written statements shall include: Findings, conclusions, reasons and basis for material issues of fact, law or discretion, sanction(s), and procedures and time limits for appeal. If sanctions are continued, the written notice shall stipulate the duration of the sanctions and conditions under which they may be terminated.

[Statutory Authority: RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-260, filed 2/18/09, effective 3/21/09.]

RCW 28B.50.140(13). WSR 09-06-001, § 132K-126-260, filed 2/18/09, effective 3/21/09.