WAC 132L-120-120   Initial disciplinary hearing.  (1) All disciplinary hearings will be initiated by the chief judicial affairs officer or his or her designated representative, or in the case of a student who has been issued an immediate protective or no-contact order may be initiated by the appeal of the student so affected. Students may be placed on suspension pending commencement of disciplinary action, pursuant to the conditions set forth in WAC 132L-120-110.

     (2) Any student accused of violating any provision of the rules of conduct shall be notified of an initial disciplinary hearing either in person or by certified and first class mail and shall receive written notice of such meeting with the chief judicial affairs officer or his or her designated representative. The student will be informed in writing of what provision or provisions of the rules of conduct he/she is charged with violating, and what appears to be the range of penalties, if any, which might result from initiation of disciplinary hearings. The student will be given seven days to respond. If the student fails to respond or fails to appear, the initial disciplinary hearing may be held in the student's absence. The chief judicial affairs officer, in lieu of an initial disciplinary hearing, may, at the option of the chief judicial affairs officer, refer the matter directly to the judicial board subject to the above notification requirements.

     (3) After considering the evidence in the case and interviewing the accused student, if the accused student has appeared at the initial meeting, or after reviewing the evidence in the case where the accused student has failed to appear, the chief judicial affairs officer may take any of the following actions:

     (a) Terminate the hearing, exonerating the student or students;

     (b) Dismiss the case after whatever advice the chief judicial affairs officer deems appropriate;

     (c) Impose an admonition to the student directly, not subject to the students right of appeal as provided in this code;

     (d) Impose any of the sanctions listed in WAC 132L-120-100. The student may appeal any sanction except a written warning;

     (e) Refer the matter to the judicial board without making a finding;

     (f) Uphold, modify, or dismiss an immediate protective or no-contact order.

     (4) At the conclusion of the initial disciplinary hearing, the chief judicial affairs officer will provide a decision, together with a brief statement for the reasons for the decision. A written decision shall be mailed or otherwise served within ten days of the end of the proceeding. This written statement shall include reasons for the decision and information about the appeals process. This written decision shall become final unless appealed.



[Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-120, filed 3/20/00, effective 4/20/00.]