WAC 132I-120-443   Evidence admissible in hearings.  (1) Only those matters presented at the hearing in the presence of the accused student (except where the student fails to attend after receipt of proper notice) shall be considered in determining whether the discipline committee has sufficient cause to believe that the accused student is guilty of misconduct. The rules of evidence as described in the Administrative Procedure Act (RCW 34.05.452), incorporated herein as subsection (2) of this section will be utilized in code hearings.

     (2) Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious.

     (a) If not inconsistent with this subsection, the presiding officer shall refer to the Washington Rules of Evidence as guidelines for evidentiary rulings.

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

     (c) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

     (d) Official notice may be taken of:

     (i) Any judicially cognizable facts;

     (ii) Technical or scientific facts within the agency's specialized knowledge; and

     (iii) Codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.

     Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.

     (3) Such evidence shall be considered as part of the determination of appropriate sanctions, if the accused has been found guilty of misconduct.

     (4) Disciplinary hearings are intended to affirm or modify the sanction, or exonerate the student of alleged violations of the student code of conduct based on evidence and testimony presented at the hearing.

     (5) It shall be the responsibility of the college to prove its case by a preponderance of the evidence.



[Statutory Authority: RCW 28B.50.140(13). 08-01-088, § 132I-120-443, 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-120-443, filed 7/21/92, effective 8/21/92.]