WAC 132X-60-100   Initial disciplinary proceedings.  (1) Initiation of disciplinary action. Anyone may report, orally or in writing, violations to the vice-president for student services, or designee, who may initiate disciplinary action.

     (2) Notice requirements. Any student charged with a violation shall receive written notice delivered to the student personally or by registered or certified mail to the student's last known address no later than two weeks after a reported violation. The notice shall not be ineffective if presented later due to student's absence. Such notice shall:

     (a) Inform the student that a report has been filed alleging that the student violated specific provisions of college policy 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 vice-president for student services; and

     (d) Specify the exact time, date, and location of the formal hearing with the student judicial board, 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 vice-president for student services' 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 vice-president for student services.

     (a) At the meeting with the vice-president for student services the student shall be informed of the provision of the code of student rights and responsibilities that are involved, that the student may appeal any sanction imposed by the vice-president for student services and that if a hearing with the student judicial board is required the student may have that hearing open to the public.

     (b) After considering the evidence in the case and interviewing the student or students involved, the vice-president for student services may take any of the following actions:

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

     (ii) Impose disciplinary sanctions as provided for in WAC 132X-60-120; or

     (iii) Refer the matter to the student judicial board for appropriate action.

     (c) A student accused of violating any provision of college policy shall be given immediate notification of any disciplinary action taken by the vice-president for student services.

     (d) No disciplinary action taken by the vice-president for student services is final unless the student fails to exercise the right of appeal as provided for in these rules.

     (4) Student judicial board.

     (a) Composition. The college shall have a standing student judicial board composed of nine members, who shall be chosen and appointed to serve as a standing committee until their successors are appointed. The membership of the board shall consist of three members of the administration, excepting the vice-president for student services, appointed by the president; three faculty members appointed by the faculty organization; and three students appointed by the associated students of South Puget Sound Community College senate. Any student entitled to a hearing before the student judicial board shall choose, in writing, five members of the board to hear and decide the appeal or disciplinary case, provided, the student must choose at least one student, one faculty member and one member of the administration from the nine member board. In the event that unforeseen circumstances prevent a previously selected board member from attending the hearing, the student must choose a replacement from among the balance of the standing committee.

     (b) Hearing procedures.

     (i) The five members of the student judicial board will hear, de novo, all disciplinary cases appealed to the committee by the student or referred to it by the vice-president for student services.

     (ii) The five members of the student judicial board shall elect from among themselves a chairperson for the purpose of presiding at the disciplinary hearing.

     (iii) The student shall be given written notice of the time, date, and location of the hearing; the specific charges against him/her; and shall be accorded reasonable access to the case file, which will be retained by the vice-president for student services.

     (iv) Hearings will be closed to the public except for the vice-president for student services and/or designee, immediate members of the student's family, and the student's representative. An open hearing may be held, in the discretion of the chairperson, if requested by the student. All parties, the witnesses, and the public shall be excluded during the student judicial board's deliberations.

     (v) The chairperson shall 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 or committee advisor may be excluded from the proceedings and may be subject to disciplinary action as set forth in this policy.

     (vi) The student may question witnesses, bring an advocate to defend him/her, and have a maximum of three character witnesses appear on his/her behalf.

     (vii) The burden of proof shall be on the vice-president for student services who must establish the guilt of the student by a preponderance of the evidence.

     (viii) Formal rules of evidence and procedure shall not be applicable in disciplinary proceedings conducted pursuant to this code. The chairperson shall 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.

     (ix) The vice-president for student services may appoint a special presiding officer to the student judicial board in complex cases or in any case in which the respondent is represented by legal counsel. Special presiding officers may participate in committee deliberations but shall not vote.

     (x) In order that a complete record of the proceeding, including all evidence presented, can be made, hearings may be tape-recorded or transcribed. If a recording or a transcription is not made, the decision of the student judicial board must include a summary of the testimony and shall be sufficiently detailed to permit appellate review.

     (xi) After considering the evidence in the case and interviewing the student or students involved, the student judicial board shall decide by majority vote whether to:

     (A) Terminate the proceedings exonerating the student(s); or

     (B) Impose disciplinary sanctions as provided in WAC 132X-60-120.

     (xii) Final decisions of the student judicial board, including findings of fact or reasons for the decision, shall be delivered to the student personally or by registered or certified mail to the student's last known address and a copy filed with the office of the vice-president for student services.



[Statutory Authority: RCW 28B.50.140(13). 00-05-023, § 132X-60-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), § 132X-60-100, filed 10/18/88.]