WAC 106-120-132   Procedures for proceeding before the student conduct council.  (1) When a case is referred to the student conduct council the vice-president shall forward to the council:

     (a) A statement describing the alleged misconduct;

     (b) The name and address of the complainant;

     (c) The name and address of the student charged; and

     (d) All relevant facts and statements.

     (2) The vice-president shall call a special meeting of the council and arrange for a proceeding in the following manner:

     (a) The vice-president shall determine the time and place of the proceeding, which shall be at least five working days after delivery of written notice to the student. In the interest of timeliness and efficiency, upon the request of either the student or the vice-president, this five working day interval may be waived by the vice-president, with the student's permission. Time and place shall be set to make the least inconvenience for all interested parties.

     (b) The members of the council shall be selected by the vice-president from the list of students and faculty appointed by the council based on their ability to attend the scheduled hearing. The proceedings board will consist of three students and two faculty members; and if possible, one student and one faculty will serve as alternates. Faculty and student members may be substituted for each other when faculty or student members are not available. A chair will be selected from the group assigned for each hearing and will preside over that meeting acting as the official representative of the committee.

     (c) No case shall be heard unless all the hearing board is present, unless approved by the appealing student.

     (d) All cases will be heard de novo, whether the case be an appeal from a subsidiary judicial body or is heard as an original complaint.

     (3) The student affairs and enrollment management secretary shall send written notice by e-mail and mail of the proceeding to the student's last known address. Certified mail may be used, if appropriate. The notice shall contain:

     (a) A statement of the date, time, place and nature of the proceeding;

     (b) A list of witnesses who will appear, to the extent known; and

     (c) A summary description of any documentary or other physical evidence that would be presented by the university.

     (4) The student shall have all authority possessed by the university to obtain information he/she specifically describes in writing and tenders to the vice-president no later than two working days prior to the proceeding or to request the presence of witnesses, or the production of other evidence relevant to the proceeding. However, the university shall not be liable for information requested by the student or the presence of any witnesses when circumstances beyond the control of the university prevent the obtaining of such information or the attendance of such witnesses at the proceeding.

     (5) Proceedings will ordinarily be held in closed session unless the proceeding board determines there is a compelling reason for the proceeding to be open, or the student requests an open proceeding. A closed proceeding shall include only members of the proceeding board, the vice-president, persons directly involved in the proceeding as parties and persons called as witnesses.

     (6) The proceeding shall be audio tape recorded, and the tape shall be on file at the office of the vice-president for a period of three years.

     (7) The university shall be represented by the vice-president who shall present the university's case against the student.

     (8) The student must represent himself or herself. The student may be accompanied by counsel, or another third party, who may offer advice. If the student utilizes an attorney as advisor, the student must give to the vice-president two working days notice of intent to do so. If the student elects to be advised by an attorney, the vice-president may elect to have the university advised by an assistant attorney general.

     (9) The council chair shall insure that:

     (a) The proceeding is held in an orderly manner giving full care that the rights of all parties to a full, fair and impartial proceeding are maintained.

     (b) The charges and supporting evidence or testimony shall be presented first, and that there is full opportunity for the accused student to challenge the testimony and/or evidence, and to cross examine appropriately.

     (c) The student charged shall next present evidence or testimony to refute the charge, and that there is full opportunity for the accuser to challenge testimony and/or evidence, and to cross examine appropriately.

     (d) Only those materials and matters presented at the proceeding will be considered as evidence. The presiding officer shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

     (10) Any person disruptive of the proceeding or any other procedure described in this document may be excluded from the process by the chair of the student conduct council or by the vice-president, using such means as are necessary to ensure an orderly process. Any student engaging in such interference shall be in contempt and may be summarily suspended from the university by the student conduct council or the vice-president immediately. The student shall be subject to a suspension or any lesser sanction as may be determined by the student conduct council or the vice-president at the time the interference takes place or within fifteen working days thereafter.

     (11) The student has a right to a fair and impartial proceeding, but the student's failure to cooperate with or attend a proceeding shall not preclude the council from making its finding of facts, conclusions, and recommendations. Failure by the student to cooperate may be taken into consideration by the student conduct council and the vice-president in deciding the appropriate disciplinary action.

     (12) Upon conclusion of the proceeding, the proceeding board in closed session shall consider all the evidence presented and decide by majority vote to exonerate the student or to impose one of the sanctions authorized by this document.

     (13) The student shall be provided with a copy of the board's findings of fact and conclusions regarding whether the student did violate any rule or rules of the student conduct code and the board's decision as to the appropriate sanction to be imposed.

     (14) If a student charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration, the student conduct council may postpone action on the complaint until there has been a disposition of the criminal charge or of the consideration of filing such charge. However, prior to action by other agencies, the council may proceed to hear and decide the case if in the judgment of the council, the nature of the alleged misconduct and the circumstances surrounding it pose a serious risk to the health or well-being of the student or other members of the university. If there is a determination of guilt by the council and if the subsequent criminal proceedings result in a judgment of acquittal, the student may petition the student conduct council for a rehearing.



[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 08-20-053, § 106-120-132, filed 9/24/08, effective 10/25/08; 07-01-065, § 106-120-132, filed 12/18/06, effective 1/18/07; 94-21-048 (Order CWU AO 75), § 106-120-132, filed 10/12/94, effective 11/12/94. Statutory Authority: Chapter 34.05 RCW and RCW 28B.35.120(11). 91-04-054, § 106-120-132, filed 2/4/91, effective 3/7/91. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 85-07-032 (Order 58), § 106-120-132, filed 3/15/85.]