WAC 132J-125-270   Discipline and grievance -- Proceedings generally.  In both adjudicative proceedings and brief adjudicative proceedings:

     (1) The matter shall be heard by the presiding officer de novo.

     (2) No person may serve as a presiding officer or board member in a particular case if he/she has direct and significant personal knowledge of the relevant facts. Disqualification and replacement of a board member, for a particular case only, shall be as provided in RCW 34.05.425, with substitution of that member's alternate.

     (3) Failure to participate or cooperate in the proceeding may be taken into consideration by the presiding officer and shall not preclude the presiding officer from making a decision. This shall not in any way limit the possibility of a default under RCW 34.05.440.

     (4) The vice-president for marketing and student development may designate a representative on behalf of the disciplinary action or faculty member. No attorney representative of any party may participate in a hearing unless he/she has filed and served a notice of appearance at least five days before the hearing, but in the event of such notice any other party may also have counsel.

     (5) The presiding officer may exclude from a meeting or hearing any person whose conduct is disruptive.

     (6) The presiding officer and, subsequently, a reviewing officer may affirm, modify, or reverse any previous decision or action in the matter, and a reviewing officer may remand, in accordance with RCW 34.05.464 or 34.05.491 as applicable.



[Statutory Authority: RCW 28B.50.140(13). 93-04-022, § 132J-125-270, filed 1/27/93, effective 2/27/93.]