WAC 132U-120-120   Hearing procedures before the student rights and responsibilities committee.  (1) The student rights and responsibilities committee shall conduct a hearing within twenty instructional days after the chairperson receives the student's written appeal of the disciplinary sanctions imposed by the dean.

     (2) The chairperson shall give the student written notice of the time, date, and location of the hearing and the specific charges against the student. This notice shall be provided no less than seven instructional days prior to the hearing. Service will be regarded as complete upon deposit with the United States postal service.

     (3) The student may be represented by counsel of the student's own choosing provided that the student pays the legal expenses and notifies the chairperson five instructional days prior to the hearing.

     (4) The college may be represented by the dean of students, or designee, including an assistant attorney general.

     (5) Hearings before the student rights and responsibilities committee shall be conducted in a manner that will bring about a prompt, fair resolution of the matter. The chairperson shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.

     (6) Hearings shall be closed to the public, except for immediate members of the student's family, witnesses, and the student's representative. An open hearing may be held, at the discretion of the chairperson, if requested by the student. The chairperson may choose whether or not to let witnesses remain for any part of the hearing that does not include their testimony. If at any time during the hearing a visitor disrupts the proceedings, the chairperson of the student rights and responsibilities committee may exclude that person from the hearing room.

     (7) The student has a right to a fair and impartial hearing before the student rights and responsibilities committee on any charge of violating the rules of conduct. However, the student's failure to cooperate with the committee's hearing procedures shall not preclude the petition review committee from making its findings of fact, conclusions and recommendations.

     (8) The dean of students, or designee, shall make the first presentation. Upon completion of the presentation by the dean of students, or designee, the student may make a presentation and may present any witnesses. Either side may offer a rebuttal.

     (9) The chairperson may allow the committee members, dean of students, or designee, student or student's representative, to ask questions of any witness.

     (10) The chairperson may receive sworn written statements in lieu of oral testimony at the hearing.

     (11) Formal rules of evidence and procedures shall not be applicable to disciplinary proceedings. The chairperson shall admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitive or irrelevant evidence may be excluded.

     (12) The administrative assistant to the chairperson shall take notes during the hearing and prepare a written summary of all evidence, facts, and testimony presented to the student rights and responsibilities committee during the course of the hearing. The proceedings of the hearing shall also be electronically recorded.

     (13) All records of disciplinary proceedings shall be maintained in the office of the chairperson and shall be available only during the course of the disciplinary proceedings to the student rights and responsibilities committee, the student and the student's attorney, and any other college official designated by the chairperson.

     (14) Following the conclusion of the disciplinary proceeding, access to records of the case and the hearing files will be limited to those designated by the college president.



[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 03-01-072, § 132U-120-120, filed 12/12/02, effective 1/12/03; 88-15-005 (Order 88-03), § 132U-120-120, filed 7/8/88.]