WAC 132A-120-046   Summary suspension and appeals.  (1) Except in extraordinary cases disciplinary sanctions will be imposed only after the college discipline officer has conducted an interview with the student and the student has exercised or declined to exercise the right of appeal. Extraordinary circumstances will be considered to exist when the college discipline officer has cause to believe that the student has committed a felony or has violated one of the regulations defined in this policy and presents an imminent danger to himself or herself, other persons on the college campus, or the educational process.

     (2) In such cases, the college discipline officer shall attempt to notify the student personally and shall send notice by certified mail at the student's last known address that the student is summarily suspended. The notice shall state the charges against the student, refer to the regulations alleged to have been violated, and summon the student to a meeting with the discipline officer at a time as early as possible following the suspension.

     (3) If after meeting with the student, the college discipline officer determines that:

     (a) There is probable cause to believe the student did commit one or more of the violations alleged;

     (b) The alleged violations would be sufficient grounds for disciplinary action; and

     (c) That summary suspension is necessary for the safety of the student, other students or persons on college facilities, or the educational processes of the institution, the college discipline officer shall continue the summary suspension. In this event the student will be notified within three days by personal service or by certified mail sent to the student's last known address. Notification shall include:

     (i) The findings of fact and the conclusion which led to the continued summary suspension.

     (ii) The duration of the suspension or the nature of additional disciplinary action.

     (iii) The conditions under which the suspension can be terminated.

     (4) Failure of the student to attend or participate in a meeting with the discipline officer shall not limit the college's ability to extend or enforce a summary suspension.

     (5) The student retains the right to appeal from the discipline officer's decision to continue a summary suspension. Appeal may be made to the college discipline committee, provided that:

     (a) The student has met with the discipline officer;

     (b) The student has been officially notified of the outcome of that meeting;

     (c) Summary suspension or another disciplinary sanction has been upheld; and

     (d) The appeal is made in accordance with administrative procedure 501.03.

     (6) The college discipline committee, in accordance with procedure 501.04, will conduct a hearing within five days to consider an appeal from summary suspension. The discipline committee shall render its recommendation(s) to the college president within three days of its hearing.

     (7) The president shall consider the recommendations of the discipline committee and shall issue a final decision within three days.



[Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. 99-15-072, § 132A-120-046, filed 7/20/99, effective 8/20/99.]