WAC 172-121-120   Hearings.  (1) General provisions.

     (a) Hearing authority: The hearing authority exercises control over hearing proceedings. All procedural questions are subject to the final decision of the hearing authority.

     (b) Closed hearings: All conduct review hearings will be closed. Admission of any person to a conduct review hearing shall be at the discretion of the hearing authority.

     (c) Consolidation of hearings: In the event that one or more students are charged with the same misconduct arising from the same occurrence, the hearing authority may conduct separate hearings for each student or consolidate the hearings as practical, as long as consolidation does not impinge on the rights of any student.

     (2) Appearance.

     (a) Failure to appear: In cases where proper notice has been given but the accused fails to attend a conduct review hearing, the hearing authority shall decide the case based on the information available, without the accused's input.

     (b) Complainant's appearance: The complainant may appear at the conduct review hearing in person, through telephone conference, or through any other practical means of communication, so long as the complainant's identity can be reasonably established.

     (c) Advisors: The complainant and the accused may be assisted by an advisor during conduct review hearings as described in WAC 172-121-090.

     (d) Disruption of proceedings: Any person, including the accused, who disrupts a hearing may be excluded from the proceedings.

     (e) Telephonic appearance. In the interest of fairness and expedience, the hearing authority may permit any person to appear by telephone, audio tape, written statement, or other means, as determined appropriate.

     (3) Evidence.

     (a) Evidence: Pertinent records, exhibits and written statements may be accepted as information for consideration by the hearing authority. However, hearing authorities are not bound by the rules of evidence observed by courts and may exclude incompetent, irrelevant, immaterial or unduly repetitious material.

     (b) The accused has the right to view all material admitted into evidence by the hearing authority.

     (i) If the accused wishes to view such material prior to the scheduled hearing, he/she shall contact the CRO. The CRO shall make a reasonable effort to support the request of the accused. To facilitate this process, the accused should contact the CRO as early as possible prior to the scheduled hearing.

     (ii) In every case, the accused may examine any material presented against him/her during the course of the hearing.

     (4) Reasonable cause. The hearing authority shall consider information presented at the hearing in determining whether there is reasonable cause to believe that the accused violated the student conduct code as charged. In determining whether such reasonable cause exists, the hearing authority shall decide whether it is more likely that the accused violated the student code by engaging in the conduct for which he or she is charged than that he or she did not.

     (5) Sanctions. In determining what sanctions shall be imposed, the hearing authority may consider the information presented at the hearing as well as any information available from past conduct and academic performance. If a student fails to appear for a hearing, then the hearings authority shall review the evidence provided and may consider information available from past conduct and academic performance in determining what sanction should be imposed. The hearing authority cannot impose a sanction based solely on the failure to answer the charges or appear at the hearing.

     (6) Witnesses.

     (a) The complainant, the accused and the hearing authority may present witnesses at council review hearings. Witnesses may not appear during summary hearings unless the CRO specifically allows it.

     (b) The complainant and the accused shall provide the name and reasonable contact information for each proposed witness to the office of student rights and responsibilities at least two business days before the scheduled hearing. For each proposed witness requested, the complainant and the accused must also provide a brief statement regarding what relevant information the witness may have.

     (c) The office of student rights and responsibilities shall attempt to contact each proposed witness and request their attendance at the scheduled hearing. The office of student rights and responsibilities is not obligated to contact proposed witnesses who appear to have no relevant first hand information.

     (d) The accused has the right to hear or view all information provided by witnesses during the hearing.

     (7) Questioning:

     (a) The complainant and the accused may submit questions to be asked of each other or of any witnesses. Questions shall be submitted, in writing, to the hearing authority. The hearing authority may ask such questions, but is not required to do so. The hearing authority may reject any question which it considers inappropriate, irrelevant, immaterial or unduly repetitious. The hearing authority has complete discretion in determining what questions will be asked during the hearing.

     (b) During a conduct review hearing, only the hearing authority may pose questions to persons appearing before them.

     (c) The hearing authority may ask their own questions of any witness called before them.

     (8) Risk management. The hearing authority may accommodate concerns for personal safety, well-being, or fears of confrontation of any person appearing at the hearing by providing separate facilities, or by permitting participation by telephone, audio tape, written statement, or other means, as determined appropriate.

     (9) Summary hearing procedures.

     (a) The CRO may hold a summary hearing with the accused only if all of the following conditions are met:

     (i) The accused waives his/her right to prior notice about a conduct review hearing;

     (ii) The accused requests that the case be heard in a summary hearing with the CRO; and

     (iii) The CRO agrees to conduct the summary hearing. The CRO is not obligated to conduct a summary hearing, but may instead refer the case to the student disciplinary council for a council hearing.

     (b) Scheduling and notification. The summary hearing may take place immediately following the preliminary conference or it may be scheduled for a later date or time.

     (i) If the summary hearing will be held at a later date or time, the CRO shall schedule the hearing in the presence of the accused so that the accused is informed of the date, time, and place of the hearing.

     (ii) If the CRO is not able to schedule the hearing in the presence of the accused, the accused shall contact the CRO at a later time, as specified by the CRO, to be informed of the date, time, and location of the summary hearing. If the accused fails to contact the CRO, the CRO shall conduct the summary hearing without the accused present or refer the case to the student disciplinary council for a council hearing under WAC 172-121-110. The CRO may also place a hold on the accused's academic records under WAC 172-121-080.

     (c) Deliberation: After the hearing, the conduct review officer shall decide whether there is reasonable cause to establish the accused violated the student conduct code.

     (i) If the CRO determines that there is not sufficient information to establish reasonable cause, the CRO shall terminate the complaint.

     (ii) If the CRO determines that there is reasonable cause to establish the accused violated the student conduct code, the CRO shall impose any number of sanctions as described in WAC 172-121-210.

     (10) Council hearing procedures.

     (a) Scheduling and notification. If the conduct review officer has decided to refer the case to the student disciplinary council for a council hearing, director of OSRR shall schedule the hearing and notify the accused and the council. The council must receive at least seventy-two hours notice as to the time and place of the hearing. The CRO may coordinate with the accused to facilitate scheduling, but is not required to do so. The CRO shall notify the accused of the preliminary conference. Notification will be in writing and will include the date, time and location of the hearing.

     (b) Deliberations and sanctions. After the hearing, the council shall meet in closed session and determine by majority vote whether reasonable cause exists to indicate that the accused violated the conduct code. If the council decides that the accused did violate the conduct code, the council shall then decide what sanctions shall be imposed. Sanctions shall be decided by majority vote and in closed session.

     (c) Notification. The council's decision must be made within seven business days of the hearing conclusion. The council chair shall forward the council decision to the director of OSRR. The director of OSRR shall notify the accused of the council decision and sanctions (if any).

     (11) Records. Records of the conduct review hearing shall be maintained as described in WAC 172-121-080.



[Statutory Authority: RCW 28B.35.120(12). 09-12-001, § 172-121-120, filed 5/20/09, effective 6/20/09.]