WAC 132L-120-160   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) will be considered in determining whether the judicial board has sufficient cause to believe that the accused student is guilty of violating the rules he or she is charged with having violated.

     (2) The presiding officer of the judicial board shall, in the course of presiding at the disciplinary hearing, give effect to the rules of privilege recognized by law and exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

     (3) Evidence or testimony to be offered by or on behalf of the student in extenuation, mitigation, or aggravation shall not be considered until all substantive evidence or testimony has been presented. 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 and related hearings do not follow the same procedures used in courtrooms, nor do they use the same rules of evidence as in civil or criminal trial.

     (5) Hearsay evidence is admissible.

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



[Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-160, filed 3/20/00, effective 4/20/00.]