WAC 132S-40-410   Rights to brief adjudicative procedures.  (1) Use of brief adjudicative procedures. In accordance with RCW 34.05.482 through 34.05.494, brief adjudicative procedures will be used in all matters pertaining to:

     (a) Residency determinations made pursuant to RCW 28B.15.013.

     (b) Disputes concerning educational records.

     (c) Parking violations.

     (d) Outstanding debts.

     (e) Student-athlete ineligibility.

     In all cases, except as stipulated for outstanding debts as noted below, students shall be informed verbally or in writing of the action taken by the college no later than three instructional days by an administrator from the department issuing the adverse action. The letter of notification shall also state that the student has a right to a brief adjudicative procedure which, if desired, must be received by the college within ten calendar days from the date of verbal notification or posting of the letter. If a written request is not received within this time frame, the student will be deemed to have waived any right to a brief adjudicative procedure.

     (2) Withholding of services and other remedies for outstanding debts.

     (a) Upon receiving a request for services when there is an outstanding debt due to the college from the student, the college shall notify the student verbally or by first class mail addressed to his/her last known mailing address, that there is an outstanding debt and the requested services will not be provided until that debt is paid.

     (b) The letter of notification shall also state the student has a right to a brief adjudicative procedure for the purposes of determining whether the student is, in fact, indebted to the college as alleged in the notice. The letter shall indicate that any request for a hearing must be received by the college within ten calendar days from the date of verbal notification or posting of the letter. If a written request is not received within this time frame, the student will be deemed to have waived any right to a brief adjudicative procedure.

     (3) Student-athlete ineligibility.

     (a) Any student-athlete alleged to have violated the rules of student conduct, except as noted below, will be subject to disciplinary action, appeal procedures, and sanctions as afforded any other student and as specified herein.

     (b) If a student-athlete is found to have violated chapter 69.50 RCW, which prohibits the illegal use, possession, furnishing, or selling of any narcotic or dangerous drug or prescriptive drug, the student-athlete will be disqualified from participation in any college-sponsored athletic event or activity. In these circumstances, the student-athlete will have the right to a brief adjudicative procedure. The college's athletic director must receive a written request for such a procedure within three instructional days of notice of the adverse action. If a written request is not received within this time frame, the student will be deemed to have waived any right to a brief adjudication procedure and will be declared ineligible from further participation in college-sponsored athletic events or activities.

     (4) Brief adjudicative procedure. If a written request for a brief adjudicative procedure is made within the required time frame, the college will designate a presiding officer to conduct the brief adjudicative proceeding. The brief adjudicative proceeding will be conducted in accordance with RCW 34.05.482 through 34.05.494. The presiding officer will be a college administrator who is not involved with the program whose adverse action is being questioned. The presiding officer shall give each party an opportunity to be informed of the college's view on the matter and the student's view of the matter.

     (5) Brief adjudicative decision. Within ten calendar days of the brief adjudicative procedure, the presiding officer shall issue a written decision to the parties which will include a brief written statement of the reasons for the decision. The written decision shall serve as the final order. All documents presented, considered, or prepared by the presiding officer will be maintained as the official record of the brief adjudicative proceeding.



[Statutory Authority: RCW 28B.50.140. 06-19-006, § 132S-40-410, filed 9/7/06, effective 10/8/06.]