WAC 132I-120-442   Hearing procedures before the discipline committee.  (1) The discipline committee shall conduct a hearing within fifteen days after the formal written appeal has been received. The hearing will be conducted pursuant to RCW 34.05.413 through 34.05.476.

     (2) The student has a right to a fair and impartial hearing. However, the student's failure to cooperate with the committee's hearing procedures or failure to appear shall not preclude the discipline committee from making its findings of fact, conclusions, and recommendations.

     (3) The student may be represented by a licensed attorney admitted to practice in the state of Washington as counsel at the disciplinary hearing. If the student elects to be represented by counsel, the student shall notify the chair at the time of appeal or, if the hearing is held at the request of the college, at least fifteen days prior to the hearing.

     (4) In all disciplinary proceedings, the college shall be represented by the chief student affairs officer or designee. The chief student affairs officer shall present the college's case 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 chief student affairs officer may elect to have the college represented by an assistant attorney general with the assistance of the chief student affairs officer.

     (5) The record in a formal hearing shall consist of all documents as required by law and as specified in RCW 34.05.476 as now law or hereafter amended.

     (6) All records of disciplinary proceedings shall be maintained in the chief student affairs officer's office and shall be available only during the course of the disciplinary proceeding to the discipline committee, the student, representing attorneys, and any other college official designated by the chief student affairs officer or as otherwise required by law.

     (7) Following the conclusion of the disciplinary proceeding, access to records of the case and the hearing files shall be limited to those designated by the chief student affairs officer or as otherwise required by law.

     (8) Following final disposition of the case and any appeals therefrom, the chief student affairs officer may direct the destruction of any records of any disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW, as now law or hereafter amended.

     (9) The discipline committee may expedite the time of the hearing at the request of the student or continue for good cause.

     (10) If at any time during the hearing, a visitor disrupts the proceedings, the chair of the discipline committee may exclude that person from the hearing.

     (11) Any student of the college attending the disciplinary hearing who disrupts the proceedings after the presiding officer has asked the student to cease or to leave the hearing room, shall be subject to disciplinary action.

     (12) All testimony of parties and witnesses shall be made under oath or affirmation.

     (13) Members of the discipline committee must avoid ex parte (one-sided) communications with any party involved in the hearing regarding any issue other than communications necessary to maintain an orderly procedural flow to the hearing.



[Statutory Authority: RCW 28B.50.140(13). 08-01-088, § 132I-120-442, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-120-442, filed 7/21/92, effective 8/21/92.]