Current through Register Vol. 24-24, December 15, 2024
(1)
Proceedings of the student conduct committee shall be governed by the
Administrative Procedure Act, chapter 34.05 RCW, and by the model rules of
procedure, chapter 10-08 WAC. To the extent there is a conflict between these
rules and chapter 10-08 WAC, these rules shall control.
(2) The student conduct committee chair shall
serve all parties with written notice of the hearing not less than seven
calendar 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 both parties agree, and also may continue the hearing to
a later time for good cause shown. The notice must include:
(a) A copy of the student conduct
code;
(b) The basis for
jurisdiction;
(c) The alleged
violation(s);
(d) A summary of
facts underlying the allegations;
(e) The range of possible sanctions that may
be imposed; and
(f) A statement
that retaliation is prohibited.
(3) The committee chair is authorized to
conduct prehearing conferences and/or to make prehearing decisions concerning
the extent and form of any discovery, issuance of protective decisions, and
similar procedural matters.
(4)
Upon request filed at least five business days before the hearing by any party
or at the direction of the committee chair, the parties shall exchange, no
later than the third business day prior to the hearing, lists of potential
witnesses and copies of potential exhibits that they reasonably expect to
present to the committee. Failure to participate in good faith in such a
requested exchange may be cause for exclusion from the hearing of any witness
or exhibit not disclosed, absent a showing of good cause for such
failure.
(5) The committee chair
may provide to the committee members in advance of the hearing copies of:
(a) The conduct officer's notification of
imposition of discipline (or referral to the committee); and
(b) The notice of appeal (or any response to
referral) by the respondent.
If doing so, the chair should remind the members that these
"pleadings" are not evidence of any facts they may allege.
(6) The parties may agree before
the hearing to designate specific exhibits as admissible without objection and
if they do so, whether the committee chair may provide copies of these
admissible exhibits to the committee members before the hearing.
(7) The student conduct officer shall provide
reasonable assistance to the respondent and complainant in procuring the
presence of college students, employees, staff, and volunteers to appear at a
hearing, provided the respondent and complainant provide a witness list to the
student conduct officer no less than three business days in advance of the
hearing. The student conduct officer shall notify the respondent and
complainant no later than 24 hours in advance of the hearing if they have been
unable to contact any prospective witnesses to procure their appearance at the
hearing. The committee chair will determine how to handle the absence of a
witness and shall describe on the record their rationale for any
decision.
(8) Communications
between committee members and other hearing participants regarding any issue in
the proceeding, other than procedural communications that are necessary to
maintain an orderly process, are generally prohibited without notice and
opportunity for all parties to participate, and any improper "ex parte"
communication shall be placed on the record, as further provided in
RCW
34.05.455.
(9) In cases heard by the committee, each
party may be accompanied at the hearing by an advisor of their choice, which
may be an attorney retained at the student's expense.
(10) The committee will ordinarily be advised
by an assistant attorney general. If the respondent is represented by an
attorney, the student conduct officer may also be represented by a second,
appropriately screened assistant attorney general.
(11) Attorneys for students must file a
notice of appearance with the committee chair at least four business days
before the hearing. Failure to do so may, at the discretion of the committee
chair, result in a waiver of the attorney's ability to represent the student at
the hearing, although an attorney may still serve as an advisor to the
student.
(12) In cases involving
allegations of sex discrimination, the complainant has a right to participate
equally in any part of the disciplinary process, including appeals.
(a)
Notice. The college must
provide a notice that includes all information required in subsection (2) of
this section, and a statement that the parties are entitled to an equal
opportunity to access relevant and permissible evidence, or a description of
the evidence upon request.
(b)
Advisors. The complainant and respondent are both entitled to have
an advisor present, who may be an attorney retained at the party's
expense.
(c)
Extensions of
time. The chair may, upon written request of any party and a showing of
good cause, extend the time for disclosure of witness and exhibit lists,
accessing and reviewing evidence, or the hearing date, in accordance with the
procedures set forth in subsection (13)(b) of this section.
(d)
Evidence. In advance of the
hearing, the student conduct officer shall provide reasonable assistance to the
respondent and complainant in accessing and reviewing the investigative report
and relevant and not otherwise impermissible evidence that is within the
college's control.
(e)
Confidentiality. The college shall take reasonable steps to
prevent the unauthorized disclosure of information obtained by a party solely
through the disciplinary process, which may include, but are not limited to,
directives by the student conduct officer or chair issuing directives
pertaining to the dissemination, disclosure, or access to evidence outside the
context of the disciplinary hearing.
(13) In cases involving allegations of
sex-based harassment, the following additional procedures apply:
(a)
Notice. In addition to all
information required in subsection (2) of this section, the notice must also
inform the parties that:
(i) The respondent is
presumed not responsible for the alleged sex-based harassment;
(ii) That the parties will have an
opportunity to present relevant and not otherwise impermissible evidence to a
trained, impartial student conduct committee;
(iii) That they may have an advisor of their
choice, who may be an attorney, assist them during the hearing;
(iv) They are entitled to an equal
opportunity to access relevant and not otherwise impermissible evidence in
advance of the hearing; and
(v) The
student conduct code prohibits knowingly making false statements or knowingly
submitting false information during a student conduct proceeding.
(b)
Extensions of
time. The chair may, upon written request of any party and a showing of
good cause, extend the time for disclosure of witness and exhibit lists,
accessing and reviewing evidence, or the hearing date. The party requesting an
extension must do so no later than 48 hours before any date specified in the
notice of hearing or by the chair in any prehearing conference. The written
request must be served simultaneously by email to all parties and the chair.
Any party may respond and object to the request for an extension of time no
later than 24 hours after service of the request for an extension. The chair
will serve a written decision upon all parties, to include the reasons for
granting or denying any request. The chair's decision shall be final. In
exceptional circumstances, for good cause shown, the chair may, in their sole
discretion, grant extensions of time that are made less than 48 hours before
any deadline.
(c)
Advisors. The college shall provide an advisor to the respondent
and any complainant, if the respondent or complainant has not otherwise
identified an advisor to assist during the hearing.
(d)
Evidence. In advance of the
hearing, the student conduct officer shall provide reasonable assistance to the
respondent and complainant in accessing and reviewing the investigative report
and relevant and not otherwise impermissible evidence that is within the
college's control.
(e)
Confidentiality. The college shall take reasonable steps to
prevent the unauthorized disclosure of information obtained by a party solely
through the disciplinary process, which may include, but are not limited to,
directives by the student conduct officer or chair issuing directives
pertaining to the dissemination, disclosure, or access to evidence outside the
context of the disciplinary hearing.
(f)
Confidentiality. The college
shall take reasonable steps to prevent the unauthorized disclosure of
information obtained by a party solely through the disciplinary process, which
may include, but are not limited to, directives by the student conduct officer
or chair issuing directives pertaining to the dissemination, disclosure, or
access to evidence outside the context of the disciplinary hearing.
(g)
Separate locations. The
chair may, or upon the request of any party, must conduct the hearing with the
parties physically present in separate locations, with technology enabling the
committee and parties to simultaneously see and hear the party or the witness
while that person is speaking.
(h)
Withdrawal of complaint. If a complainant wants to voluntarily
withdraw a complaint, they must provide notice to the college in writing before
a case can be dismissed.