Section 478-120-095. Hearings before the university disciplinary committees.

The purpose of a hearing before a university disciplinary committee is to provide all parties with an opportunity to present evidence and argument before disciplinary sanctions are imposed on a respondent. A university disciplinary committee may not hear any cases involving an allegation of sexual misconduct. Based on the evidence presented at this hearing, the committee shall determine whether the respondent has engaged in the alleged misconduct. If there is a finding of misconduct, the committee shall then determine the appropriate sanction to be imposed.

(1) When a hearing is scheduled before a university disciplinary committee, the chair of the appropriate committee shall provide the respondent with written notice of the following information:

(a) The time and place of the hearing;

(b) The allegations of misconduct against the respondent;

(c) A list of all witnesses who may be called to testify;

(d) A description of all documentary and real evidence to be presented at the hearing, including a copy of the respondent's disciplinary file; and

(e) The sanctions that may be imposed at the hearing if the allegations of misconduct are found to be true.

(2) The chair of each committee shall adhere to the following procedures at all disciplinary hearings:

(a) The respondent shall be provided with a reasonable opportunity (at least seven days) to gather evidence, contact witnesses, and prepare a defense for the hearing.

(b) The respondent may be accompanied by an advisor and/or an attorney of the respondent's choice.

(c) The respondent is entitled to hear all testimony and examine all evidence that is presented at the hearing. In response, the respondent may present evidence and witnesses on his or her own behalf and may ask questions of any other witnesses.

(d) No respondent shall be compelled to give self-incriminating evidence.

(3) Evidence shall be admissible at the hearing if it is the type of evidence that reasonably prudent members of the university community would rely upon in the conduct of their affairs.

(4) The conduct officer (the appropriate dean, or at the University of Washington Bothell and Tacoma campuses, dean or director of the program in which the respondent is enrolled, the vice-president for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates) must prove by a preponderance of the evidence presented at the hearing that the respondent has engaged in the alleged misconduct. The committee shall base its factual determination solely on the evidence presented at the hearing.

(a) Decisions of the university disciplinary committee will be made based on a simple majority vote of the committees.

(b) If a university disciplinary committee cannot reach a decision by simple majority vote, an order shall be entered referring the matter to the faculty appeal board. In cases where the faculty appeal board determines that exceptional circumstances may exist, the respondent shall be notified of the right to request a formal hearing. Otherwise, the faculty appeal board shall make a decision based upon its review of the record of the hearing before the university disciplinary committee.

(5) If at any time after a matter has been referred to a university disciplinary committee the appropriate chair determines that the matter should properly be before the faculty appeal board, the chair may refer the matter to the faculty appeal board and shall provide the respondent with written notice of the referral. Any case involving an allegation of sexual misconduct shall be referred to the faculty appeal board.

(6) If the committee determines that the respondent has violated the university's rules, regulations, procedures, policies, standards of conduct, or orders, it shall then determine the appropriate sanction to be imposed. When determining the appropriate sanction, the committee shall consider the factors listed in WAC 478-120-040(2).

(7) The chair of the appropriate university disciplinary committee shall provide the respondent with a written statement of the committee's decision within ten days of the conclusion of the hearing. This written statement shall include the committee's factual findings, the conclusions that have been drawn from those findings, the reasons for those conclusions, and the sanctions, if any, to be imposed. If sanctions are imposed, the respondent must also be informed of the appropriate procedures for appealing the committee's decision to the faculty appeal board. In a case where the respondent is a minor, the written statement of the committee's decision may be reported to the respondent's parents or legal guardian at the discretion of the chair of the appropriate university disciplinary committee.

(8) This written statement of the committee's decision shall be the committee's initial order. If no appeal is filed, the initial order of the appropriate university disciplinary committee becomes the final order at the end of the appeal period set forth in WAC 478-120-075(1).

(9) A respondent may choose to present evidence to the chair of the appropriate university disciplinary committee rather than at a hearing before the full committee. The respondent's waiver of the right to a hearing before a university disciplinary committee must be submitted in writing to the chair of the appropriate committee. The chair will submit the respondent's evidence and arguments to the full committee and the committee will make its decision based on the chair's report.

(10) All proceedings of the committees will be conducted with reasonable dispatch and be terminated as soon as possible, consistent with fairness to all parties involved. The chair shall have the discretion to continue the hearing.

(11) An adequate summary of the proceedings will be kept. Such a summary shall include all documents that were considered by the appropriate committee and may include an audio recording of the testimony and any other documents related to the hearing.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-095, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-095, 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, § 478-120-095, 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, § 478-120-095, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-095, filed 4/29/96, effective 5/30/96.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-095, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, chapter 8. WSR 14-17-097, § 478-120-095, 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, § 478-120-095, 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, § 478-120-095, filed 11/19/07, effective 12/20/07; WSR 96-10-051, § 478-120-095, filed 4/29/96, effective 5/30/96.

Rules

478-120-040,478-120-075,