WAC 132D-120-070   Disciplinary proceedings.  (1) Complaints. Any member of the college community may file a complaint against any student for misconduct. Complaints shall be submitted within ninety days after the incident. Complaints shall be prepared in writing and directed to the office of the student conduct administrator.

     (2) Notice to accused student. When a complaint is filed against a student, the student conduct administrator will, within five school days, serve written notice on the accused student, including a copy of the code of student conduct advising the student of the charges against him or her.

     (3) Informal process. The student conduct administrator may, but is not required to, conduct an investigation to determine the merit of the complaint and if it can be disposed of informally by mutual consent of the parties involved. For adverse parties who agree to settle the complaint informally, the student conduct administrator will facilitate communication between the complainant(s) and the student(s) accused (respondent(s)). The student conduct administrator will determine the best means of conducting the informal process, the purpose of which is to reach an agreement that is mutually satisfactory to the parties, if possible. Interim sanctions may be imposed at any time during the informal process with good reason (see WAC 132D-120-090 Interim sanctions). If it is determined that the matter cannot be resolved by mutual consent, a summary disciplinary conference will be initiated by the student conduct administrator.

     (4) Summary proceedings.

     (a) Disposition. After considering the evidence in the case and interviewing the respondent in a summary hearing (if the respondent has appeared at the scheduled conference), the student conduct administrator may:

     (i) Terminate the proceeding exonerating the student(s);

     (ii) Dismiss the case after whatever counseling and advice the student conduct administrator deems appropriate; or

     (iii) Impose any of the sanctions listed in this code.

     The decision shall be in writing and shall be served on both the respondent and the complainant.

     (b) Request for formal hearing. After the student conduct administrator's decision, the respondent and/or the complainant may request a formal hearing to challenge a decision reached, or a sanction imposed, by the student conduct administrator pursuant to the informal disciplinary hearing. Such requests shall be in writing and shall be delivered to the dean of students or designated student conduct administrator within five school days of the student conduct administrator's decision. A time shall be set for a formal hearing not less than five, nor more than fifteen, calendar days after the request for a formal hearing. If there is good reason and the complainant(s) and the respondent(s) agree, time limits for scheduling a hearing may be extended at the discretion of the student conduct administrator.

     (5) Formal hearings. Formal hearings shall be convened by the student conduct administrator and conducted by a judicial body according to the following guidelines:

     (a) Hearings shall be conducted in private. Hearings will be chaired by the student conduct administrator or his/her designee.

     (b) The complainant(s) and the respondent(s) shall be expected to attend the formal hearing. Admission of any person to the hearing shall be at the discretion of the student conduct administrator.

     (c) In hearings involving more than one accused student, the student conduct administrator, at his or her discretion, may permit separate hearings for each respondent.

     (d) The complainant and the respondent have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney, but advisors are not permitted to speak or participate directly in any hearing before a student conduct board, except as permitted by the student conduct administrator. If the student chooses to be advised by a licensed attorney in the state of Washington, he/she must notify the student conduct administrator at least five working days prior to the hearing.

     (e) The complainant, the respondent and the student conduct administrator shall have the right of presenting witnesses and evidence, subject to the right of questioning by the student conduct board, the complainant or the respondent. The student conduct administrator may limit the scope and number of questions to witnesses.

     (f) Pertinent records, exhibits and written statements may be accepted for consideration as evidence prior to, or during, a hearing by a student conduct board at the discretion of the student conduct administrator.

     (g) All procedural questions are subject to the final decision of the student conduct administrator.

     (h) After the hearing, the judicial body shall determine whether the student has violated the code of conduct as charged.

     (i) The student conduct board's determination shall be made on the basis of whether it is more likely than not that the respondent violated the code of conduct.

     (j) If the student conduct board determines that a student has violated the code of conduct, the body will determine whether the sanction(s) imposed pursuant to the informal disciplinary conference were appropriate for the violation of the code of conduct which the student was found to have committed.

     (k) A student conduct board may reduce or increase the sanctions imposed by the student conduct administrator pursuant to the informal disciplinary conference or remand the case to a student conduct administrator.

     (6) There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the college and shall be preserved until the decision is final after the time for appeals has passed.



[Statutory Authority: RCW 28B.50.140. 09-19-135, § 132D-120-070, filed 9/22/09, effective 11/1/09. Statutory Authority: RCW 28B.50.140, WSR 88-24-014. 02-24-062, § 132D-120-070, filed 12/3/02, effective 1/3/03. Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), § 132D-120-070, filed 12/1/88, effective 1/1/89.]