WAC 132M-121-330   Initial order -- Petition for administrative review -- Final order.  (1) The burden of proof shall be on the party seeking to uphold the discipline to establish sufficient cause by a preponderance of the evidence. Upon conclusion of the disciplinary hearing, the student conduct committee shall consider all the evidence therein presented and decide by majority vote whether to uphold the decision of the vice-president for student success or to recommend any of the following actions:

     (a) That the college terminate the proceedings and exonerate the student; or

     (b) That the college impose any of the disciplinary actions as provided in this chapter.

     (2) Within ninety days specified in RCW 34.05.461, and preferably within thirty days, the chair 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 subsection (3) of this section.

     (3) 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 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. The president or designee shall be the reviewing officer and RCW 34.05.464 and WAC 10-08-211 shall apply to any such determination or petition.



[Statutory Authority: RCW 28B.50.140. 08-06-066, § 132M-121-330, filed 3/3/08, effective 4/3/08.]