WAC 132J-125-280   Discipline and grievance -- Regular adjudicative proceedings.  In a regular adjudicative proceeding:

     (1) RCW 34.05.413 through 34.05.476 and chapters 10-08 and 132J-108 WAC shall govern, unless otherwise provided in these rules. For purposes of RCW 34.05.425 and WAC 132J-108-020, the college board of trustees and college president designate the appropriate hearing board (disciplinary or academic) as presiding officer and designate that board's chairperson to make procedural decisions.

     (2) The presiding officer shall designate a nonvoting record-keeping clerk and may designate additional nonvoting staff as appropriate. Hearings shall be recorded, in accordance with WAC 10-08-170.

     (3) The presiding officer may conduct prehearing conference(s) in accordance with RCW 34.05.431 and WAC 10-08-130.

     (4) The presiding officer may permit or conduct discovery as provided in RCW 34.05.446, WAC 10-08-120, and 132J-108-060.

     (5) The presiding officer(s) shall give not less than seven days advance written notice of a hearing to all parties and intervenors, except where such notice is waived, in accordance with RCW 34.05.434, WAC 10-08-040 or other applicable law.

     (6) Four board members shall constitute a quorum and decisions shall require three or more votes.

     (7) Hearings shall be conducted in accordance with chapter 34.05 RCW and chapters 10-08 and 132J-108 WAC.

     (8) In a disciplinary proceeding, the burden of proof shall be on the party seeking to uphold the discipline to establish good cause by a preponderance of the evidence. In a grievance proceeding, the burden of proof shall be on the student to establish his/her claim by a preponderance of the evidence.

     (9) Within the ninety days specified in RCW 34.05.461, and preferably within thirty days, the presiding officer shall serve on the parties and the president an initial order. At the same time, a full and complete record of the proceedings shall also be transmitted to the president. The initial order shall include a statement of findings and conclusions and otherwise comply with RCW 34.05.461 and WAC 10-08-210. It shall also describe the available administrative review procedures specified in the following subparagraph.

     (10) The initial order shall become the final order, without further action, unless within twenty days of service of the initial order (a) the president or president's designee, upon his/her own motion, determines that the initial order should be reviewed or (b) a party to the proceedings files with the president a written petition for administrative review of the initial order. RCW 34.05.464 and WAC 10-08-211 shall apply to any such determination or petition.



[Statutory Authority: RCW 28B.50.140(13). 93-04-022, § 132J-125-280, filed 1/27/93, effective 2/27/93.]