WAC 132P-33-200   Initial proceedings.  (1) Initiation of prosecution. Students, faculty members, administrators and other employees of the district shall have concurrent authority to report violations which will be acted upon by the dean of students. All disciplinary proceedings will be initiated by the dean of students or designated representative.

     (2) Notice requirements. Any student charged with a violation of the Code of student rights and responsibilities shall be notified by the dean of students or designated representative within two academic calendar days after the filing of such a report. The notice shall not be ineffective if presented later due to the student's absence. Such notice shall:

     (a) Inform the student that a report has been filed alleging that the student violated specific provisions of the code and the date of the violation; and

     (b) Set forth those provisions allegedly violated; and

     (c) Specify the exact time and date the student is required to meet with the dean of students; and

     (d) Specify the exact time, date, and location of the formal hearing, if one is required; and

     (e) Inform the student that he/she may question witnesses, that he/she may have anyone appear in his/her behalf to defend him/her, that he/she may have a maximum of three character witnesses appear in his/her behalf; and

     (f) Inform the student that failure to appear at either of the appointed times at the dean of student's office or at the hearing may subject the student to suspension from the institution for a stated or indefinite period of time.

     (3) Meeting with the dean of students.

     (a) At the meeting with the dean of students the student shall be informed of provisions of the Code of student rights and responsibilities that are involved, that the student may appeal any sanction imposed by the dean of students and that if a hearing is required the student may have that hearing open to the public. If the student requests a formal hearing, the dean of students shall take no action nor make any determination in the matter other than to inform the student again of the time, date, and location of the formal hearing.

     (b) After considering the evidence in the case and interviewing the student or students involved, the dean of students may take any of the following actions:

     (i) Terminate the proceedings exonerating the student or students; or

     (ii) Dismiss the case after whatever counseling and advice may be appropriate; or

     (iii) Impose minor sanctions directly, such as but not limited to, warning, reprimand, fine, restitution, disciplinary probation, subject to the student's right of appeal described below; or

     (iv) Refer the matter to the student hearing committee for a recommendation to the college president or designee as to appropriate action; or

     (v) Recommend to the college president or designee that the student shall immediately be notified in writing of such recommendation and of the right to a hearing before the student hearing committee prior to the college president or designee's final decision.

     (c) A student accused of violating any provision of the Code of student rights and responsibilities shall be given immediate notification of any disciplinary action taken by the dean of students or designated representative.

     (d) No disciplinary action taken by or at the recommendation of the dean of students or designated representative is final unless the student fails to exercise the right of appeal as provided for in these rules. The college president or designee after reviewing the case, including any statement the student may file with the college president or designee, shall either give written approval of the action taken by or at the recommendation of the dean of students, or give written direction as to what lesser disciplinary action, if any, is to be taken.



[Statutory Authority: RCW 285.50.140 [28B.50.140]. 82-01-079 (Resolution No. 81-4), § 132P-33-200, filed 12/21/81.]