WAC 132S-40-360   Student conduct code procedures.  (1) Initiation of disciplinary action. A request for disciplinary action of a student for violation(s) of the rules of student conduct must be made in writing to the CSSO as soon as possible but not later than twenty instructional days after the occurrence or the date the requestor knew or should reasonably have known of the occurrence. Any member of the college's administration, faculty, staff, or student may make such a request. The written request must be signed by the individual making the request and must be a good faith claim. The CSSO may decline the request, implement the request, or engage in informal negotiations to resolve the situation based on the allegation(s) and the evidence that has been provided.

     (2) Notice requirements. Any student charged with a violation will be given written notice personally or sent written notice by registered or certified mail to the most recent address in the student's record on file with the college, no later than fifteen instructional days after a decision is made to proceed with an investigation. The notice will not be ineffective if presented later due to the student's absence. Such notice will:

     (a) Inform the student a report has been filed alleging the student violated college policy.

     (b) Set forth those provisions of the college's policy and the specific acts which are alleged to be violations, as well as the date(s) of the violation(s).

     (c) Specify the time, date, and location where the student is required to meet with the CSSO. The meeting will be scheduled no earlier than three instructional, but within thirty instructional days of the mailing of the notification to the student. The CSSO may modify the time, date and location of the meeting, either at the student's or college's request, for reasonable cause.

     (d) Inform the student that failure to appear at the appointed time and place may subject the student to suspension from the college for a stated or indefinite period of time.

     (e) Inform the student that he/she may bring an advisor or representative to the meeting. The advisor or representative cannot be a college employee.

     (3) Meeting with the chief student services officer.

     (a) At the meeting with the CSSO the student will be informed of the following:

     (i) The provision(s) of the rules of conduct or college policy he/she is charged with violating.

     (ii) The disciplinary process.

     (iii) The range of sanctions which might result from disciplinary proceedings.

     (iv) The student's rights to appeal.

     (b) The student will have the opportunity to respond to the allegation(s) by providing information to the CSSO about his/her involvement, if any, in the alleged violation(s), explaining the circumstances surrounding the violation(s), and/or defending him/herself against the allegations. If the student chooses to have an advisor or representative present at the meeting, the CSSO will allow the advisor or representative to make a brief statement.

     (4) Decision by chief student services officer.

     (a) After interviewing the student or students involved and/or other individuals as appropriate, and after considering the evidence in the case, the CSSO may take any of the following actions:

     (i) Terminate the proceedings and thereby exonerate the student or students.

     (ii) Impose disciplinary sanctions as provided herein.

     (iii) Refer the matter to the student conduct board (herein referred to as the SCB) for appropriate action.

     (b) Notification of action by the CSSO will be delivered to the student personally or sent by registered or certified mail to the most recent address in the student's record on file with the college, within thirty instructional days of the meeting. A copy of the notification will be filed with the office of the CSSO.

     (c) Disciplinary action taken by the CSSO is final unless the student exercises the right of appeal as provided herein.

     (5) Student conduct board.

     (a) Composition: The college will have a SCB composed of six members who will be chosen and appointed by October 1 of each year to serve as a standing committee until their successors are appointed. The membership of the board will consist of two members of the administration (not including the CSSO) appointed by the president, two faculty members appointed by the faculty senate, and two students appointed by the president of the ASCBC.

     (b) Chairperson: The SCB will elect a chairperson from among the administrator or faculty members. The chairperson will preside at every disciplinary hearing and will provide administrative oversight throughout the hearing process. The chairperson may participate in committee deliberations but will not vote unless it is necessary to constitute a quorum or the vote of the SCB is tied, at which time the chairperson will cast the deciding vote.

     (c) Hearing procedures:

     (i) The SCB will hear, de novo, all disciplinary cases appealed to the committee by the student or referred to it by the CSSO.

     (ii) The student and the CSSO will be sent written notification at least seven instructional days prior to the hearing of the following:

     (A) The time, date, and location of the hearing.

     (B) The specific violation(s) alleged against the student.

     (C) The SCB procedures.

     (D) The names of the members of the SCB.

     (iii) A student facing dismissal has the right to be assisted by one advisor or representative of his/her choice and at his/her expense. The advisor must be someone who is not employed by the college. If the student chooses to have an attorney serve as his/her advisor, the student must tender notice to the SCB no less than five instructional days prior to the hearing in order to allow the CSSO a legal advisor. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time of the SCB hearing because delays will normally not be allowed due to the scheduling conflicts of an advisor.

     (iv) The student will be accorded reasonable access to the case file that will be retained by the CSSO.

     (v) Any SCB member who has a personal relationship, personal interest, or other interest which would prevent that person from rendering a fair and impartial decision must recuse him/herself from sitting for that case.

     (vi) A student may request in writing no less than five instructional days prior to the hearing that a SCB member recuse or disqualify him/herself. The request must be for good cause, which must be shown by the student. In the event of such a request, the SCB will consider the request prior to the time scheduled for the hearing and will decide whether the SCB member should be disqualified for that hearing.

     (vii) The parties involved in the hearing will be requested to submit their witness list and any documentary evidence to be discussed at the hearing to the hearing chairperson not less than five instructional days prior to the hearing.

     (viii) Hearings will be closed to the public except if requested by the student and at the discretion of the chairperson. At all times, however, all parties, their advisors, the witnesses, and the public will be excluded during the deliberations of the SCB.

     (ix) A quorum will consist of no less than three members provided that such quorum will include at least one student, one faculty member, and one administrator.

     (x) The CSSO may request a special presiding officer to the SCB in complex cases. In these circumstances the special presiding officer will act as the chairperson of the hearing.

     (xi) The chairperson will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson may be excluded from the proceedings and may be subject to disciplinary action.

     (xii) The student may question witnesses and have a maximum of three character witnesses appear on his/her behalf.

     (xiii) The burden of proof will be on the CSSO who must establish the alleged violation(s) by a preponderance of the evidence.

     (xiv) Formal rules of evidence and procedure will not be applicable in disciplinary proceedings conducted pursuant to this code. The chairperson will admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.

     (xv) In order that a complete record of the proceeding can be made to include all evidence presented, hearings will be recorded or transcribed except for the deliberations of the SCB. The record will be the property of the college.

     (xvi) After considering the evidence in the case, the SCB will decide by majority vote whether to terminate the proceedings, thereby exonerating the student, or impose disciplinary sanctions as set forth herein.

     (xvii) The decision of the SCB must include a written summary in sufficient detail to permit appellate review of the violations alleged, testimony and evidence, and conclusions. Decisions of the SCB will be delivered, within ten instructional days, to the student personally or sent by registered or certified mail to the student's most recent address on file with the college, and a copy filed with the office of the CSSO.

     (xviii) Disciplinary action taken by the SCB is final unless the student exercises the right of appeal as provided herein.



[Statutory Authority: RCW 28B.50.140. 06-19-006, § 132S-40-360, filed 9/7/06, effective 10/8/06.]