Wash. Admin. Code § 495D-121-420 - Student conduct code-Student conduct appeals committee hearings-Presentation of evidence
(1) 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.
(3) 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
34.05.452.
(7) In cases involving allegations of sexual
misconduct , no party shall directly question or cross examine one another.
Attorneys 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.
Notes
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