Current through Register Vol. 24-18, September 15, 2024
(1) Summary
suspension is a temporary exclusion from specified college premises or denial
of access to all activities or privileges for which a respondent might
otherwise be eligible, while an investigation and/or formal disciplinary
procedures are pending.
(2) The
student conduct officer (or designee) may impose a summary suspension if there
is probable cause to believe that the respondent:
(a) Has violated any provision of the code of
conduct; and
(b) Presents an
immediate danger to the health, safety, or welfare of members of the college
community; or
(c) Poses an ongoing
threat of disruption of, or interference with, the operations of the
college.
(3) Notice. Any
respondent who has been summarily suspended shall be served with written notice
or oral notice of the summary suspension at the time of the summary suspension.
If oral notice is given, a written notification shall be served on the
respondent within two business days of the oral notice.
(4) The written notification shall be
entitled "Notice of Summary Suspension Proceedings" and shall include:
(a) The reasons for imposing the summary
suspension, including reference to the provisions of the student conduct code
or the law allegedly violated;
(b)
The date, time, and location when the respondent must appear before the chair
of the student disciplinary committee for a hearing on the summary suspension;
and
(c) The conditions, if any,
under which the respondent may physically access the campus or communicate with
members of the campus community. If the respondent has been trespassed from the
campus, a notice against trespass shall be included that warns the student that
his or her privilege to enter into or remain on college premises has been
withdrawn, that the respondent shall be considered trespassing and subject to
arrest for criminal trespass if the respondent enters the college campus other
than to meet with the student conduct officer or designee, or to attend a
disciplinary hearing.
(5)
(a) The
conduct review officer or designee shall conduct a hearing on the summary
suspension as soon as practicable after imposition of the summary suspension.
The hearing will be conducted as a brief adjudicative proceeding.
(b) During the summary suspension hearing,
the issue before the conduct review officer is whether there is probable cause
to believe that the summary suspension should be continued pending the
conclusion of disciplinary proceedings and/or whether the summary suspension
should be less restrictive in scope.
(c) The respondent shall be afforded an
opportunity to explain why summary suspension should not be continued while
disciplinary proceedings are pending or why the summary suspension should be
less restrictive in scope.
(d) If
the notice of summary suspension proceedings has been served upon the
respondent in accordance with these rules and the student fails to appear at
the designated hearing time, the conduct review officer may order that the
summary suspension remain in place pending the conclusion of the disciplinary
proceedings.
(e) As soon as
practicable following the hearing, the conduct review officer shall issue a
written decision, which shall include a brief statement of findings of fact and
conclusions of law, the policy reasons justifying imposition of the summary
suspension. If summary suspension is upheld and/or other discipline imposed,
the order shall inform the respondent of the duration of the summary suspension
or the nature of the disciplinary action(s), conditions under which the summary
suspension may be terminated or modified, and procedures by which the order may
be appealed.
(f) The interim
suspension shall not replace the regular discipline process, which shall
proceed as quickly as feasible in light of the interim suspension.
(g) To the extent permissible under
applicable law, the conduct review officer shall provide a copy of the decision
to all persons or offices whom may be bound or protected by it.
(6) In cases involving allegations
of sexual misconduct, the complainant will be notified that a summary
suspension has been imposed on the same day that the summary suspension notice
is served on the respondent. The college will also provide the complainant with
timely notice of any subsequent changes to the summary suspension
order.
Statutory Authority:
RCW
28B.50.140 and
chapter
34.05 RCW. 03-15-063,
§ 132R-04-064, filed 7/14/03, effective
8/14/03.
