WAC 132A-120-041   Hearing of appeals.  (1) The discipline committee will hear all cases in which a student has appealed the decision of the college discipline officer imposing sanctions of suspension, termination of college residence, limited dismissal, or expulsion.

     (2) When notified of an appeal, the committee shall meet to select a chairperson and establish a hearing date for the appeal not later than fourteen days from the date the appeal was filed with the office of the president.

     (3) The student has a right to a fair and impartial hearing.

     (a) If any member of the committee is unable to render a fair and impartial decision for any reason, including conflict of interest or conscience, that member shall abstain from considering the issues.

     (b) The student will be notified in writing, by personal service or by certified mail, of the time and place of the hearing. Such notice, to be provided not less than ten calendar days in advance of the hearing, shall include:

     (i) A statement of the time, place and nature of the hearing;

     (ii) A statement of the specific charges which will be considered;

     (iii) To the extent known, a list of the witnesses who will appear, and a summary of the documentary or physical evidence which will be presented by the college.

     (c) The student may request that a hearing date be advanced or that the hearing be continued for good cause. The discipline committee chair shall be authorized to alter the hearing date.

     (d) The student shall be entitled to hear and examine the evidence against him or her and be informed of the identity of the source.

     (e) The student shall be entitled to representation by the counsel of his or her choice at the hearing. If the student elects to choose as counsel an attorney licensed to practice in the state of Washington, the student shall notify the office of the college president of that choice at least five working days prior to the hearing.

     (f) The student shall be allowed to present evidence on his or her own behalf and cross-examine witnesses testifying on behalf of the college as to the accuracy of their testimony.

     (g) The hearing shall be closed unless the student specifically requests an open hearing. In a closed hearing, participants, excluding those admitted for the purpose of presenting evidence, shall be limited to: Members of the discipline committee and a single person chosen to record the proceedings; the student and counsel, not to exceed three persons in total; and the college authorities presenting the case and counsel, not to exceed three persons in total. If at any time during a closed or open hearing, there should be a disruption of the proceeding, the chairperson of the discipline committee may exclude from the hearing the person or persons causing the disruption.

     (4) In all disciplinary proceedings, a college official shall be appointed to present the case of the college against the student accused of violating the rules of conduct. In cases in which the student elects to be represented by a licensed attorney, the college may elect to be represented by an assistant attorney general.

     (5) An audio recording shall be made of any disciplinary hearing. In addition, the chair of the discipline committee may select either a member of the committee or an additional person to take notes during the hearing and prepare a record of the hearing. The record of the hearing shall consist of all documents presented, all evidence received and considered, all testimony offered, a statement of matters officially noted, questions and offers of proof, objections, and rulings made thereon and during the course of the hearing.

     (6) All records of college disciplinary proceedings shall be maintained in the office of the college president during the disciplinary proceedings, and shall be available during that time only to the discipline committee, the student and his or her attorney, and other college officials designated by the president. After the conclusion of the proceeding, access to records of the proceeding will be limited to those records designated by the president.

     (7) Only the evidence presented at a disciplinary hearing will be considered in determining whether the accused student has violated the rules as charged. The chair, with the consent of the committee, shall exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitive. Evidence or testimony to be offered on behalf of the student as extenuation or mitigation shall be presented only after substantive and factual evidence has been presented.

     (8) At the conclusion of the hearing, the discipline committee shall meet in closed session to consider all information presented and shall decide by majority vote whether to uphold the decision of the college discipline official or to recommend any of the following actions:

     (a) That the college terminate proceedings and exonerate the student;

     (b) That the college impose any of the disciplinary sanctions defined in WAC 132A-120-026.

     (9) Within seven calendar days of the hearing's conclusion, the discipline committee shall provide its recommendations to the college president. A copy of the committee's findings of fact and its recommendations will be made available to the student. The student will be advised of his or her right to present within ten days a written statement to the president of the college appealing the recommendations of the committee.

     (10) Any student may appeal the findings of the discipline committee by providing a written appeal to the president of the college. The president shall then review the written record of evidence provided at the discipline committee's hearing, as well as the recommendations offered. During the review the president may, but is not required to, suspend any recommended disciplinary action. At the conclusion of the president's review, a statement of findings will be issued. The student will either be exonerated or sanctions will be imposed. The president's review shall be final.



[Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. 99-15-072, § 132A-120-041, filed 7/20/99, effective 8/20/99.]