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.
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
. The chair may shorten this notice period if both
parties agree and also may continue the hearing to a later time for good cause
(2) The committee chair is
authorized to conduct pre-hearing conferences and/or to make prehearing
decision concerning the extent and form of any discovery, issuance of
protective decisions, and similar procedural matters.
(3)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
(4)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.
(5)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.
(6)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.
(7) Communications between committee members
and other hearing participants regarding any issue in the proceedings, 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.
(8)Each party may be accompanied at the
hearing by a nonattorney assistant of his/her choice. A respondent may elect to
be represented by an attorney at his or her own cost, but will be deemed to
have waived that right 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. The committee will
ordinarily be advised by the assistant attorney general. If the respondent is
represented by an attorney, the student conduct officer may also be represented
by a second, appropriately screened assistant attorney general.