Wash. Admin. Code § 172-135-080 - Appeal hearing
(1) Upon receipt
of a timely appeal by the student, the vice president shall convene the
students of concern board and notify the student of the date, time, and
location of the appeal hearing in writing. The notice will include information
about how to request accommodations or interpreters. The notice must be served
on the student at least seven calendar days prior to the hearing. The vice
president may coordinate with the student to facilitate scheduling, but is not
required to do so. The vice president shall serve as the presiding officer for
the students of concern board. The appeal hearing shall be conducted in
accordance with the Administrative Procedure Act, chapter 34.05 RCW.
(2) Evidence.
(a) Types of evidence: The students of
concern board shall be provided with the documentation reviewed by the dean
that formed the basis of the mandatory medical leave of absence notice. The
student may provide the board with additional documentation for the board to
consider, may testify before the board, and may present witnesses to the board.
Evidence, including hearsay evidence, is admissible if in the judgment of the
board it is the kind of evidence on which reasonably prudent persons are
accustomed to rely in the conduct of their affairs.
(b) Review of evidence: The student has the
right to view all material presented to the board.
(c) Oath: Any testimony of persons before the
board shall be made under oath or affirmation.
(d) Witnesses: The student may present
witnesses at the board meeting. The presiding officer and board may also ask
other witnesses and professionals to attend the hearing and provide the board
with additional information beyond what was contained in the written
documentation provided to the board. If the student wishes to call a witness,
the student is responsible for ensuring the witness is available and present at
the time of the hearing.
(e)
Exclusion: As the hearing will cover sensitive material, the presiding officer
may exclude anyone from the hearing room other than the student, the student's
advisor, the presiding officer, and the board.
(f) Accommodations: The student should inform
the vice president of any possible need for an interpreter or any accommodation
requests at least three days prior to the hearing.
(g) Questioning: The student and the board
may ask questions of the witnesses, except the presiding officer may preclude
any questions that are inappropriate, irrelevant, immaterial, or unduly
repetitious. The presiding officer should explain to the student the reasons
for rejecting any questions and will maintain a record of the questions
submitted and the determinations made.
(3) Advisor: A student may be assisted by one
advisor of his or her choice.
(4)
Hearing on the record: A student may waive the opportunity for an in-person
hearing and request the board conduct the hearing based solely on written
documentation. In such a case, the student may submit written documentation of
any additional evidence the student wishes the board to consider in addition to
the materials provided by the dean .
(5) Records: The presiding officer shall keep
a record of all materials submitted to and reviewed by the board. The presiding
officer shall make and keep a recording of the hearing and subsequent
transcript, if any. Records shall be kept for seven years and shall be kept
confidential to the extent provided by law.
(6) Deliberations and decision: Following the
appeal hearing, the board shall meet in private and, within seven business
days, determine by majority vote whether to:
(a) Affirm the dean 's decision;
(b) Affirm the dean 's decision but alter the
conditions imposed; or
(c) Reverse
the dean 's decision and allow the student to remain enrolled with or without
conditions.
(7) Service :
The board's decision shall be in writing and shall set forth the reasons for
the board's decision. A copy of the decision shall be served on the student and
a copy provided to the vice president.
(8) Final decision: The board's decision is
final and no further appeals may be made under these regulations. Judicial
review of the university's decision may be available under chapter 34.05
RCW.
Notes
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