Wash. Admin. Code § 132H-126-120 - Initiation of disciplinary action
(1) Any member of
the college community may file a complaint against a student or student group
for possible violations of the student conduct code.
(2) Upon receipt, a student conduct officer,
or designee, may review and investigate any complaint to determine whether it
appears to state a violation of the student conduct code.
(a)
Student on student sexual
misconduct. The college's Title IX coordinator or designee shall
investigate complaints or other reports of sexual misconduct by a student
against a student.
(b)
Sexual
misconduct involving an employee. The college's human resource office or
designee shall investigate complaints or other reports of sexual misconduct in
which an employee is either the complainant or respondent.
(c)
Hazing by student groups. A
student conduct officer, or des-ignee, may review and investigate any complaint
or allegation of hazing by a student group. A student group will be notified
through its named officer(s) and address on file with the college. A student
group may designate one representative who may speak on behalf of a student
group during any investigation and/or disciplinary proceeding. A student group
will have the rights of a respondent as set forth below.
(d) Investigations will be completed in a
timely manner and the results of the investigation shall be referred to the
student conduct officer for student disciplinary action.
(e) College personnel will honor requests to
keep sexual misconduct complaints confidential to the extent this can be done
in compliance with federal and state laws and without unreasonably risking the
health, safety, and welfare of the complainant or other members of the college
community.
(3) If a
student conduct officer determines that a complaint appears to state a
violation of the student conduct code, the student conduct officer will
consider whether the matter might be resolved through agreement with the
respondent or through alternative dispute resolution proceedings involving the
complainant and the reporting party.
(a)
Informal dispute resolution shall not be used to resolve sexual misconduct
complaints without written permission from both the complainant and the
respondent.
(b) If the parties
elect to mediate a dispute, either party shall be free to discontinue mediation
at any time.
(4) If the
student conduct officer has determined that a complaint has merit and if the
matter is not resolved through agreement or alternative dispute resolution, the
student conduct officer may initiate disciplinary action against the
respondent.
(a) Both the respondent and the
complainant in cases involving allegations of sexual misconduct shall be
provided the same procedural rights to participate in student discipline
matters, including the right to participate in the initial disciplinary
decision-making process and to appeal any disciplinary decision.
(b) The student conduct officer, prior to
initiating disciplinary action in cases involving allegations of sexual
misconduct, will make a reasonable effort to contact the complainant to discuss
the results of the investigation and possible disciplinary sanctions and/or
conditions, if any, that may be imposed upon the respondent if the allegations
of sexual misconduct are found to have merit.
(5) All disciplinary actions will be
initiated by a student conduct officer. If that officer is the subject of a
complaint initiated by the respondent or the complainant, the president shall,
upon request and when feasible, designate another person to fulfill any such
disciplinary responsibilities.
(6)
A student conduct officer shall initiate disciplinary action by serving the
respondent with written notice directing them to attend a disciplinary meeting.
(a) The notice shall briefly describe the
factual allegations, the provision(s) of the student conduct code the
respondent is reported to have violated, the range of possible sanctions for
the reported violation(s), and it will specify the time and location of the
meeting.
(b) At the disciplinary
meeting, the student conduct officer will present the allegations to the
respondent, and the respondent shall be afforded an opportunity to explain what
occurred.
(c) If the respondent
fails to attend the meeting, the student conduct officer may take disciplinary
action based upon the available information.
(7) Within 10 days of the initial
disciplinary meeting and after considering the evidence in the case, including
any facts or argument presented by the respondent, the student conduct officer
shall serve the respondent with a written decision setting forth the facts and
conclusions supporting the decision, the specific student conduct code
provisions found to have been violated, the discipline imposed, if any, and a
notice of any appeal rights with an explanation of the consequences of failing
to file a timely appeal. This period may be extended if the student conduct
officer, based on information presented at the disciplinary meeting, concludes
that additional investigation is necessary. If the period is extended, the
student conduct officer will notify the respondent, and the complainant in
cases involving allegations of sexual misconduct, of this extension, the
reason(s), and the anticipated extension time frame.
(8) A student conduct officer may take any of
the following disciplinary actions:
(a)
Exonerate the respondent and terminate the proceedings.
(b) Impose a disciplinary sanction(s), with
or without condition(s), as described in WAC
132H-126-110 and
132H-126-115.
(c) Refer the matter directly to the student
conduct committee for such disciplinary action as the committee deems
appropriate. Such referral shall be in writing, to the attention of the chair
of the student conduct committee, with a copy served on the
respondent.
(9) In cases
involving allegations of sexual misconduct, the student conduct officer, on the
same date that a disciplinary decision is served on the respondent, will serve
a written notice informing the complainant of the decision, the reasons for the
decision, and any disciplinary sanctions and/or conditions that may have been
imposed upon the respondent, including disciplinary suspension or dismissal of
the respondent. The notice will also inform the complainant of their appeal
rights. If protective sanctions and/or conditions are imposed, the student
conduct officer shall make a reasonable effort to contact the complainant to
ensure prompt notice of the protective disciplinary sanctions and/or
conditions.
Notes
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