Wash. Admin. Code § 132D-150-230 - Appeal-Student conduct committee-Prehearing
(1) Proceedings of the student conduct
committee shall be governed by the Administrative Procedure Act, chapter 34.05
RCW.
(2) The student conduct
committee chair shall serve all parties with written notice of the hearing no
less than seven calendar days in advance of the hearing date. The chair may
shorten this notice period if both parties agree, and also may continue the
hearing to a later time for good cause shown. The notice must include:
(a) A copy of the student conduct
code;
(b) The basis for
jurisdiction;
(c) The alleged
violation(s);
(d) A summary of
facts underlying the allegations;
(e) The range of possible sanctions that may
be imposed; and
(f) A statement
that retaliation is prohibited.
(3) The committee chair is authorized to
conduct prehearing conferences and/or to make prehearing decisions concerning
the extent and form of any discovery, issuance of protective decisions, and
similar procedural matters.
(4)
Upon request filed at least five calendar days before the hearing by any party
or at the direction of the committee chair, the parties shall exchange, no
later than the third day prior to the hearing, lists of potential witnesses and
copies of potential exhibits that they reasonably expect to present to the
committee. Failure to participate in good faith in such a requested exchange
may be cause for exclusion from the hearing of any witness or exhibit not
disclosed, absent a showing of good cause for such failure.
(5) The committee chair may provide to the
committee members in advance of the hearing copies of:
(a) The conduct officer's notification of
imposition of discipline, or referral to the committee; and
(b) The notice of appeal, or any response to
referral, by the respondent. If doing so, however, the chair should remind the
members that these "pleadings" are not evidence of any facts they may
allege.
(6) The parties
may agree before the hearing to designate specific exhibits as admissible
without objection and, if they do so, whether the committee chair may provide
copies of these admissible exhibits to the committee members before the
hearing.
(7) The student conduct
officer, upon request, shall provide reasonable assistance to the respondent in
obtaining relevant and admissible evidence that is within the college's
control.
(8) Communications between
committee members and other hearing participants regarding any issue in the
proceeding, other than procedural communications that are necessary to maintain
an orderly process, are generally prohibited without notice and opportunity for
all parties to participate, and any improper "ex parte" communication shall be
placed on the record, as further provided in
RCW
34.05.455.
(9) In cases heard by the committee, each
party may be accompanied at the hearing by an advisor of their choice, which
may be an attorney retained at the party's expense.
(10) For any matters involving a disciplinary
sanction of suspension of more than one quarter, dismissal, or sex-based
harassment, the college shall provide an advisor to the respondent and any
complainant, if they have not otherwise identified an advisor to assist them
during the hearing. The committee will ordinarily be advised by an assistant
attorney general or their designee. If the respondent and/or the complainant is
represented by an attorney, the student conduct officer may be represented by
an assistant attorney general.
(11)
Attorneys for students must file a notice of appearance with the committee
chair at least four business days before the hearing. Failure to do so may, at
the discretion of the committee chair, result in a waiver of the attorney's
ability to represent the student at the hearing, although an attorney may still
serve as an advisor to the student.
(12) In cases involving allegations of sex
discrimination, the complainant has a right to participate equally in any part
of the disciplinary process, including appeals. Respondent and complainant both
have the following rights:
(a)
Notice. The college must provide a notice that includes all
information required in subsection (2) of this section, and a statement that
the parties are entitled to an equal opportunity to access relevant and
permissible evidence, or a description of the evidence upon request.
(b)
Advisors. The complainant
and respondent are both entitled to have an advisor present, who may be an
attorney retained at the party's expense.
(c)
Extensions of time. The
chair may, upon written request of any party and a showing of good cause,
extend the time for disclosure of witness and exhibit lists, accessing and
reviewing evidence, or the hearing date, in accordance with the procedures set
forth in subsection (13)(b) of this section.
(d)
Evidence. In advance of the
hearing, the student conduct officer shall provide reasonable assistance to the
respondent and complainant in accessing and reviewing the investigative report
and relevant and not otherwise impermissible evidence that is within the
college's control.
(e)
Confidentiality. The college shall take reasonable steps to
prevent the unauthorized disclosure of information obtained by a party solely
through the disciplinary process, which may include, but are not limited to,
directives by the student conduct officer or chair pertaining to the
dissemination, disclosure, or access to evidence outside the context of the
disciplinary hearing.
(13) In cases involving allegations of
sex-based harassment, the following additional procedures apply:
(a)
Notice. In addition to all
information required in subsection (2) of this section, the notice must also
inform the parties that:
(i) The respondent is
presumed not responsible for the alleged sex-based harassment;
(ii) The parties will have an opportunity to
present relevant and not otherwise impermissible evidence to a trained,
impartial decision maker;
(iii)
They may have an advisor of their choice, who may be an attorney, to assist
them during the hearing; and
(iv)
They are entitled to an equal opportunity to access relevant and not otherwise
impermissible evidence in advance of the hearing; and
(v) The student conduct code prohibits
knowingly making false statements or knowingly submitting false information
during a student conduct proceeding.
(b)
Extensions of time. The
chair may, upon written request of any party and a showing of good cause,
extend the time for disclosure of witness and exhibit lists, accessing and
reviewing evidence, or the hearing date. The party requesting an extension must
do so no later than 48 hours before any date specified in the notice of hearing
or by the chair in any prehearing conference. The written request must be
served simultaneously by email to all parties and the chair. Any party may
respond and object to the request for an extension of time no later than 24
hours after service of the request for an extension. The chair will serve a
written decision upon all parties, to include the reasons for granting or
denying any request. The chair's decision shall be final. In exceptional
circumstances, for good cause shown, the chair may, in their sole discretion,
grant extensions of time that are made less than 48 hours before any
deadline.
(c)
Advisors. The college shall provide an advisor to the respondent
and any complainant, if the respondent or complainant have not otherwise
identified an advisor to assist during the hearing.
(d)
Evidence. In advance of the
hearing, the student conduct officer shall provide reasonable assistance to the
respondent and complainant in accessing and reviewing the investigative report
and relevant and not otherwise impermissible evidence that is within the
college's control.
(e)
Confidentiality. The college shall take reasonable steps to
prevent the unauthorized disclosure of information obtained by a party solely
through the disciplinary process, which may include, but are not limited to,
directives by the student conduct officer or chair issuing directives
pertaining to the dissemination, disclosure, or access to evidence outside the
context of the disciplinary hearing.
(f)
Separate locations. The
chair may, or upon the request of any party, must conduct the hearing with the
parties physically present in separate locations, with technology enabling the
committee and parties to simultaneously see and hear the party or the witness
while that person is speaking.
(g)
Withdrawal of complaint. If a complainant wants to voluntarily
withdraw a complaint, they must provide notice to the college in writing before
a case can be dismissed.
Notes
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