Wash. Admin. Code § 132H-126-310 - Student conduct committee- Prehearing
(1) Proceedings of the student conduct
committee shall be governed by the Administrative Procedure Act, chapter 34.05
RCW, and by the Model Rules of Procedure, chapter 10-08 WAC. To the extent
there is a conflict between these rules and chapter 10-08 WAC, these rules
shall control.
(2) The student
conduct committee chair shall serve all parties with written notice of the
hearing not less than seven days in advance of the hearing date, as further
specified in
RCW
34.05.434 and WAC
10-08-040 and
10-08-045. 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.
(3) The committee chair is authorized to
conduct pre-hearing 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 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 notice of
discipline, or referral to the committee; and
(b) the notice of appeal, or any response to
referral, by the respondent or, in a case involving allegations of sexual
misconduct, the complainant. 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
and complainant 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
necessary to maintain an orderly process, are generally prohibited without
notice and opportunity for all parties to participate. Any improper "ex parte"
communication shall be placed on the record, as further provided in
RCW
34.05.455.
(9) All parties may be accompanied at the
hearing by a process advisor of their choice.
(10) The respondent, in all appeals before
the committee, and the complainant, in an appeal involving allegations of
sexual misconduct before the committee, may elect to be represented by an
attorney at their own expense. The respondent and/or complainant will be deemed
to have waived the right to be represented by an attorney unless, at least four
business days before the hearing, written notice of the attorney's identity and
participation is filed with the committee chair with a copy to the student
conduct officer.
(11) The committee
will ordinarily be advised by an assistant attorney general. If the respondent
and/or the complainant is represented by an attorney, the student conduct
officer may also be represented by a second, appropriately screened, assistant
attorney general.
Notes
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