Upon the failure of any party to attend
or participate in a hearing, the student conduct committee may either:
(a) Proceed with the hearing and issuance of
its decision; or
(b) Serve a
decision of default in accordance with RCW 34.05.440.
(2) The hearing will ordinarily be closed to
the public. However, if all parties agree on the record that some or all of the
proceedings be open, the chair shall determine any extent to which the hearing
will be open. If any person disrupts the proceedings, the chair may exclude
that person from the hearing room.
The chair shall cause the hearing to be
recorded by a method that he/she selects, in accordance with RCW 34.05.449
That recording, or a copy, shall be made available to any party upon request.
The chair shall assure maintenance of the record of the proceeding that is
required by RCW 34.05.476
, which shall also be available upon request for
inspection and copying by any party. Other recording shall also be permitted,
in accordance with WAC 10-08-190
(4) The chair shall preside at the hearing
and decide procedural questions that arise during the hearing, except as
overridden by majority vote of the committee.
(5) The student conduct officer (unless
represented by an assistant attorney general) shall present the case for
imposing disciplinary sanctions.
(6) All testimony shall be given under oath
or affirmation. Evidence shall be admitted or excluded in accordance with RCW
(7) In cases involving
allegations of sexual misconduct, neither the complainant nor the respondent
shall directly question or cross examine one another. Attorneys or advisors for
the parties are also prohibited from questioning the opposing party absent
express permission from the committee chair. Subject to this exception, all
cross-examination questions shall be directed to the committee chair, who in
their discretion shall pose the questions on the party's behalf.