Section 478-120-065. Informal disciplinary hearings.

(1) A dean, the vice-president for student life, or, at the University of Washington Bothell and Tacoma campuses, the chancellors or the dean or director of the program in which the student is enrolled, or their delegates, may initiate a disciplinary proceeding by conducting, or directing a member of his or her staff to conduct, an informal hearing with the respondent. This informal disciplinary hearing may be nothing more than a face-to-face meeting between the conduct officer or staff person and the respondent, and no special notice of the meeting is required. The purpose of this informal disciplinary hearing is to provide an opportunity for the respondent to respond to allegations of misconduct before disciplinary action is taken. The respondent waives any rights to an informal hearing by his or her failure to attend and the conduct officer may place a hold on a respondent's registration and/or transcript, or make a decision and issue an initial order without the input of the respondent.

(2) During an informal disciplinary hearing, the respondent must be provided with the following information:

(a) An explanation of the student conduct process;

(b) The alleged misconduct;

(c) The specific section(s) of the student conduct code allegedly violated; and

(d) The possible sanctions that may be imposed.

(3) Following the informal disciplinary hearing, the conduct officer may conduct further investigation including, but not limited to, additional interviews of the complainant, the respondent, and any witnesses.

(4) Based on the findings of the informal hearing and any further investigation, the conduct officer shall enter in writing:

(a) An order exonerating the respondent, dismissing the disciplinary proceeding if it appears that there has been no misconduct, or finding that a preponderance of the evidence does not establish a violation of this conduct code;

(b) An initial order (subject to appeal and/or review as provided in this conduct code), imposing one or more of the disciplinary sanctions specified in WAC 478-120-040;

(c) An order referring the matter to the appropriate university disciplinary committee; and/or

(d) An order referring the matter to the faculty appeal board because exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) may exist.

(5)(a) If the initial order imposes a sanction and exceptional circumstances as defined in WAC 478-120-100 (3)(b)(i) exist, the matter shall be referred to the faculty appeal board and the respondent, and in the case involving an allegation of sexual misconduct, a complainant, shall be informed that he or she has the right to request a formal hearing according to the procedures set forth in WAC 478-120-075(3). Supplemental procedures applicable to cases involving an allegation of sexual misconduct are set forth in WAC 478-120-137.

(b) If the initial order imposes a sanction, but exceptional circumstances do not exist and the case does not involve an allegation of sexual misconduct, then the respondent shall be informed that he or she has twenty-one calendar days from the date of the service of the initial order to request a hearing before the appropriate university disciplinary committee. If the respondent chooses not to appeal, the order becomes the final order.

(6) Within ten days of the conclusion of the conduct officer's investigation, the respondent, and in any case involving an allegation of sexual misconduct, the complainant, shall be provided with a written order which shall include a statement of the decision, the reasons for the decision, and information about appealing the decision. No unfavorable action may be taken against the respondent until the respondent has been given such notice and information. In a case where the respondent is a minor, the disciplinary sanctions imposed may be reported to the respondent's parents or legal guardian at the discretion of the conduct officer.

(7) The official record of this informal hearing shall consist of all documents prepared or considered by the dean, the vice-president for student life, or, at the University of Washington Bothell and Tacoma campuses, the chancellors, or the dean or director of the program in which the respondent is enrolled, or their delegates, with regard to the dispute at hand.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-065, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-065, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-120-065, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 07-23-068, § 478-120-065, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-065, filed 4/29/96, effective 5/30/96.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-065, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-065, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 1, § 2. WSR 10-23-039, § 478-120-065, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 07-23-068, § 478-120-065, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-065, filed 4/29/96, effective 5/30/96.

Rules

478-120-040,478-120-100,478-120-100,478-120-075,478-120-137,