Section 132Z-115-075. Student conduct committee—Prehearing procedure.

(1) The student conduct committee chair shall cause all parties to be served written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if the parties agree, and may continue the hearing to a later time for good cause shown.

(2) The committee chair is authorized to conduct prehearing conferences and to make prehearing decisions concerning the forms and extent of any discovery, issuance of protective orders, and similar procedural matters.

(3) The committee chair may direct the parties prior to the hearing to exchange lists of witnesses and copies of exhibits that the parties reasonably expect to present to the committee. Failure to participate in good faith in such an exchange may be cause for excluding from the hearing any witness or exhibit not disclosed.

(4) The committee chair in advance of the hearing may provide committee members with copies of (a) any notice of disciplinary action (or referral to the committee) and (b) any notice of appeal filed by the respondent (or any complainant). However, such "pleadings" shall not be regarded as evidence of any facts they may allege.

(5) Any party may be accompanied at the hearing by a nonattorney advisor of the party's choice. A respondent (or any complainant) may be represented by an attorney at such party's own cost, but will be deemed to have waived that right unless, at least four instructional days before the hearing, the attorney files and serves a notice of appearance. If the respondent (or complainant) is represented by an attorney, the student conduct officer may be represented by the college's assistant attorney general.

(6) The student conduct committee may itself be advised in any proceeding by an independently assigned assistant attorney general who shall have had no other involvement in the matter and who shall be appropriately screened from any other assistant attorney general appearing in the proceeding.

[Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-075, filed 6/19/15, effective 7/20/15.]

RCW 28B.50.140. WSR 15-14-013, § 132Z-115-075, filed 6/19/15, effective 7/20/15.

Rules

10-08-040,10-08-045,