Wash. Admin. Code § 495D-121-410 - Student conduct code- Appeal-Student conduct committee
(1) Proceedings of
the student conduct committee shall be governed by the Administrative Procedure
Act, chapter 34.05 RCW.
(2) 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. The chair
may shorten this notice period if both parties agree, and also may continue the
hearing to a later time for good cause shown.
(3) The committee chair is authorized to
conduct pre-hearing conferences and/or to make prehearing decisions concerning
the extent and form of any discovery, issuance of protective decisions, and
similar procedural matters.
(4)
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 failure.
(5) The committee chair may provide to the
committee members in advance of the hearing copies of (a) the student 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.
(6) 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.
(7) The student conduct officer , upon
request, shall provide reasonable assistance to the respondent and complainant
in obtaining relevant and admissible evidence that is within the college's
control.
(8) Communications between
committee members and other hearing participants regarding any issue in the
proceeding, 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.
(9) In cases heard by the committee, each
party may be accompanied at the hearing by a nonattorney assistant of their
choice. The respondent in all appeals before the committee, or a complainant in
an appeal involving allegations of sexual misconduct before the committee, may
elect to be represented by an attorney at their 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 an assistant attorney general. If the respondent
and/or the complainant is represented by an attorney, the student conduct
officer may also be represented by a second, appropriately screened assistant
attorney general.
Notes
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