Wash. Admin. Code § 495B-121-325 - Student conduct committee-Initial decision
(1) At
the conclusion of the hearing, the committee chair shall permit the parties to
make closing arguments in whatever form, written or verbal, the committee
wishes to receive them. The committee also may permit each party to propose
findings, conclusions, and/or a proposed decision for its
consideration.
(2) Within 20
calendar days following the latter of the conclusion of the hearing or the
committee's receipt of closing arguments, the committee shall issue a decision
in accordance with
RCW
34.05.461 and WAC
10-08-210. The initial decision
shall include findings on all material issues of fact and conclusions on all
material issues of law, including which, if any, provisions of the student
conduct code were violated. Any findings based substantially on the credibility
of evidence or the demeanor of witnesses shall so be identified.
(3) The committee's initial order shall also
include a determination on appropriate sanctions, if any. If the matter was
referred to the committee by the student conduct officer or their designee, the
committee shall identify and impose disciplinary sanction(s) or conditions (if
any), as authorized in the student code. If the matter is an appeal by a party,
the committee may affirm, reverse, or modify the disciplinary sanction and/or
conditions imposed by the student conduct officer or designee, and/or impose
additional disciplinary sanction(s) or conditions as authorized
herein.
(4) The committee chair
shall cause copies of the initial decision to be served on the parties and
their attorney, if any. The notice will inform the parties of their appeal
rights. The committee chair shall also promptly transmit a copy of the decision
and the record of the committee's proceedings to the president.
(5) In cases involving allegations of sexual
harassment, the chair of the student conduct committee, on the same date as the
initial decision is served on the respondent, will serve a written notice upon
the complainant informing the complainant whether the allegations of sexual
harassment were found to have merit and describing any disciplinary sanctions
and/or conditions imposed upon the respondent, including suspension or
dismissal of the respondent. The complainant may appeal the student conduct
committee's initial decision to the president subject to the same procedures
and deadlines applicable to the respondent. The notice will also inform the
parties of their appeal rights.
Notes
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(1) At the conclusion of the hearing, the committee chair shall permit the parties to make closing arguments in whatever form, written or verbal, the committee wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.
(2) Within 20 calendar days following the latter of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue a decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall so be identified.
(3) The committee's initial order shall also include a determination on appropriate sanctions, if any. If the matter was referred to the committee by the student conduct officer or their designee, the committee shall identify and impose disciplinary sanction(s) or conditions (if any), as authorized in the student code. If the matter is an appeal by a party, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer or designee, and/or impose additional disciplinary sanction(s) or conditions as authorized herein.
(4) The committee chair shall cause copies of the initial decision to be served on the parties and their attorney, if any. The notice will inform the parties of their appeal rights. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president .
(5) In cases involving allegations of sex-based harassment, the initial decision shall be served on all parties simultaneously, as well as the Title IX coordinator .