Wash. Admin. Code § 172-121-070 - Conduct review officials
(1)
The
director of SRR or designee shall:
(a)
Serve as the primary point of contact for all matters relating to student
conduct code violations and proceedings;
(b) Manage the proceedings as described in
this chapter;
(c) Maintain all
records of conduct review proceedings as described in WAC
172-121-080;
(d) Ensure complaints are promptly
investigated and resolved as required by federal and state laws; and
(e) Review off-campus incidents of alleged
misconduct and make determinations as to whether the conduct involved adversely
affects the university or university community and whether the conduct process
should be initiated.
(2)
Conduct review officer (CRO): The university president delegates
to the vice president of student affairs the authority to designate one or more
CRO(s). The director of SRR, dean of students, or any other qualified
individual may be designated as a CRO. The CRO(s) shall preside over brief
hearings and full conduct hearings under this chapter. For brief hearings, the
CRO shall serve as the decision maker. For full hearings, the CRO shall serve
as the presiding officer.
As the presiding officer, in full hearings the CRO has authority to:
(a) Determine the order
of presentation of evidence;
(b)
Administer oaths and affirmations;
(c) Issue subpoenas pursuant to
RCW
34.05.446;
(d) Rule on procedural matters, objections,
and motions;
(e) Rule on motions
for summary judgment;
(f) Rule on
offers of proof and receive relevant evidence;
(g) Pursuant to
RCW
34.05.449(5), close parts of
a hearing to public observation or order the exclusion of witnesses upon a
showing of good cause;
(h) Question
witnesses in an impartial manner to develop any facts deemed necessary to
fairly and adequately decide the matter;
(i) Call additional witnesses and request
additional exhibits deemed necessary to complete the record and receive such
evidence subject to each party's opportunity for cross-examination and
rebuttal;
(j) Take official notice
of facts pursuant to
RCW
34.05.452(5);
(k) Regulate the course of the hearing and
take any appropriate action necessary to maintain order during the
hearing;
(l) Permit or require oral
argument or briefs and determine the time limits for submission
thereof;
(m) Issue an order of
default;
(n) Hold prehearing
conferences; and
(o) Take any other
action necessary and authorized by any applicable statute or rule.
(3)
Student disciplinary
council: The council serves as the decision maker for full hearings with
respect to a finding of responsibility. The CRO in full hearings serves as the
decision maker with respect to determining appropriate sanction(s) and
remedies, upon a finding of responsibility.
(a) Council pool: For each academic year, a
pool of council members shall be established. All members of the council pool
are appointed by the vice president for student affairs. Appointment of council
pool members is as follows:
(i) Faculty and
staff members are appointed for three-year terms. Student members are appointed
for one-year terms;
(ii) Council
chair: Designated CRO who chairs council proceedings;
(iii) Vacancies: Council pool shall be filled
as needed through appointment by the vice president for student
affairs.
(b) Session
council: When a student disciplinary council is needed for a full hearing, the
director or designee, shall identify available members from the council pool to
serve as the session council. Each session council must include three members.
The council may consist of students, staff, or faculty members. Full hearings
are determined by a majority vote of the council.
(4)
Investigator: For all Title
IX, sexual misconduct, and interpersonal violence complaints, and certain other
cases at the director's discretion, the director may assign a complaint to an
investigator to conduct an investigation. The investigator will provide a
written investigative report to the director.
(5)
Presenter in cases of a full
hearing: A person will present a case against the respondent on behalf
of the university. The presenter will call witnesses, ask questions, and offer
evidence during the hearing. The presenter may be the director of SRR,
designee, or an assistant attorney general appearing on behalf of the
university.
Notes
Statutory Authority: RCW 28B.35.120(12). 09-12-001, § 172-121-070, filed 5/20/09, effective 6/20/09.
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