reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-205 - Conversion to full adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Prior to the conclusion of a brief adjudicative proceeding,
				  the conduct officer shall make any inquiries necessary to ascertain whether the
				  proceeding should be converted to a full adjudicative proceeding under RCW
				  34.05.-413 through 34.05.476 of the Administrative Procedure Act. If converted,
				  the conduct officer will take steps necessary to initiate a full hearing and a
				  hearing officer will be assigned.
To the extent feasible, the conduct officer's record will be
				  included in the record for the full hearing. The time of commencement of the
				  full hearing shall be considered to be the time of commencement of the original
				  conduct proceeding.
If not converted by the conduct officer, the parties will be
				  given an opportunity to request a full hearing per WAC 478-121-320 through
				  478-121-345.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-207 - Full adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
If it becomes apparent that a full adjudicative proceeding
				  is necessary, is in the public interest, or is more appropriate to resolve
				  issues affecting the participants, a full hearing will be held in accordance
				  with WAC 478-121-400 through 478-121-427 that is in compliance with
				  RCW
				   34.05.413 through
				  34.05.476. Factors that may be
				  considered as guidelines to determine whether the issues and interests involved
				  warrant the use of a full adjudicative proceeding consistent with this code
				  will be defined in university policy, including
Student Governance and
				  Policies
, chapters 209 and 210.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-210 - Disciplinary sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) One or more of
				the following disciplinary sanctions may be imposed for any violation of this
				conduct code:
(a) Disciplinary reprimand. A
				respondent may be issued a written disciplinary reprimand.
(b) Disciplinary probation. A respondent may
				be placed on disciplinary probation (meaning formal conditions are imposed on
				the respondent's continued attendance). The time period for the disciplinary
				probation and any conditions shall be specified. Failure to fulfill conditions
				of the disciplinary probation in a timely manner will extend the probationary
				period (and the conditions) and may result in additional disciplinary
				sanctions.
(c) Restitution. A
				respondent may be required to make restitution for damage or other loss of
				property and for injury to persons. The university may put a conduct hold in
				place if the respondent fails to pay or to make in writing university-approved
				arrangements to pay restitution.
(d) Loss of privileges. A respondent may be
				denied specified privileges for a designated period of time such as the
				privilege to participate in a particular campus activity and may be restricted
				from any or all university premises for a specific duration.
(e) Suspension. A respondent may be suspended
				(i.e., temporarily separated) from the university for a specified period of
				time. Conditions of suspension may be imposed and will be specified. Except as
				otherwise specified in the final order, all conditions must be fulfilled before
				the end of the suspension period. Failure to fulfill all conditions of
				suspension in a timely manner will extend the suspension period and any
				conditions, and may result in additional disciplinary sanctions. The university
				may put a conduct hold in place during the suspension period.
(f) Dismissal. A respondent may be dismissed
				(i.e., permanently separated) from the university.
(g) Sanctions for hazing. In addition to
				other sanctions, a student who is found responsible for participating in hazing
				of another shall forfeit any entitlement to state-funded grants, scholarships,
				or awards for a specified period of time.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-213 - Effective date of sanctions

Current through Register Vol. 24-14, July 15, 2024
Sanctions will be implemented when a final order becomes
				  effective in the university's conduct proceeding. An initial order that becomes
				  a final order because no administrative review was requested or initiated
				  becomes effective on the day after the period for requesting review has
				  expired.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-215 - Authority to initiate conduct proceedings and delegations of authority in conduct proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following university officials may initiate conduct proceedings under this
				conduct code:
(a) The vice president for
				student life at University of Washington Seattle;
(b) The chancellors at University of
				Washington Bothell and Tacoma;
(c)
				Deans of a school or college (including the graduate school) at University of
				Washington Seattle; and
(d) Deans
				or directors of any school or program at University of Washington Bothell or
				Tacoma.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-217 - Appointment of reviewing officers

Current through Register Vol. 24-14, July 15, 2024
Faculty and students may be appointed to the pool of
				  available reviewing officers at any time by a university official with
				  authority to appoint such individuals. Efforts will be made to ensure the pool
				  includes available reviewing officers representing the University of Washington
				  Seattle, Bothell, and Tacoma campuses. The appointment will be for a specific
				  term, which may be extended at the discretion of a university official with
				  authority to appoint such individuals, and will include any training and other
				  conditions of service. See
Student Governance and Policies
,
				  chapters 209 and 210.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-220 - Selection of review panels

Current through Register Vol. 24-14, July 15, 2024
For each administrative review, an odd number of available
				  reviewing officers will be selected from the pool, based on availability, to
				  form the review panel. Those selected for the panel will designate a faculty
				  member of the panel to act as chair, with efforts made that the chair be a
				  representative from the campus where the respondent is
				  enrolled.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-223 - Disqualification and substitution of presiding officers and reviewing officers

Current through Register Vol. 24-14, July 15, 2024
Consistent with
				  RCW
				   34.05.425, any presiding officer or reviewing
				  officer is subject to disqualification for bias, prejudice, interest, or any
				  other applicable cause. Any party may petition for the disqualification of an
				  individual promptly after receipt of notice indicating that the individual will
				  preside or, if later, promptly upon discovering facts establishing grounds for
				  disqualification. The individual whose disqualification is requested shall
				  determine whether to grant the petition, stating facts and reasons for the
				  determination. An appropriate individual will then be substituted as a
				  presiding or reviewing officer.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-225 - Initiating conduct proceedings

Current through Register Vol. 24-14, July 15, 2024
Conduct proceedings may be initiated when the university
				  receives any direct or indirect report of conduct that may violate this code,
				  which may include, but is not limited to, a police report, an incident report,
				  a witness statement, other documentation, or a verbal or written report from a
				  complainant, witness, or other third party.
Conduct matters may be initiated under the conduct code
				  regardless of whether or not the incident in question is the subject of
				  criminal or civil proceedings.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-227 - Decision not to initiate a conduct proceeding

Current through Register Vol. 24-14, July 15, 2024
If the conduct officer decides not to initiate a conduct
				  proceeding when requested by a complainant who, otherwise, would be a party to
				  the proceeding, the conduct officer will provide the complainant with a written
				  decision, including a brief statement of the reasons and of any other options
				  for review.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-230 - Conduct hold on student record

Current through Register Vol. 24-14, July 15, 2024
A conduct office or other designated university official may
				  place a conduct hold on the student's record if the student is the respondent
				  in a pending report of prohibited conduct, a pending conduct proceeding under
				  this code, or in conjunction with a disciplinary sanction under this code. A
				  conduct hold may restrict the student from registering for classes, requesting
				  an official transcript, or receiving a degree from the university until the
				  hold has been removed. If the conduct hold is put in place pending or during a
				  conduct proceeding, the student will be notified of the hold and be advised how
				  to raise an objection about the hold or request that it be made less
				  restrictive. The hold will remain in place until lifted by the conduct office
				  or other designated university official with authority to do so.
Implementation of any conduct hold does not assume any
				  determination of, or create any expectation of, responsibility for prohibited
				  conduct under this conduct code.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-233 - Parties

Current through Register Vol. 24-14, July 15, 2024
The parties to conduct proceedings are typically the
				  university and the respondent. In accordance with
Student Governance
				  and Policies
, chapter 210, student conduct policy for discriminatory
				  and sexual harassment, intimate partner violence, sexual misconduct, stalking,
				  and retaliation, in cases involving discriminatory harassment, indecent
				  exposure, intimate partner violence, sexual assault, sexual exploitation,
				  sexual harassment, stalking, or retaliation, the complainant is also a party.
				  In addition, the university may designate other individuals, such as a
				  complainant, as a party to other types of conduct proceedings, or allow
				  individuals to intervene in conduct proceedings. For additional guidance, see
Student Governance and Policies
, chapter 209, student conduct
				  policy for academic misconduct and behavioral misconduct.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-235 - Interim protective measures

Current through Register Vol. 24-14, July 15, 2024
After receiving a report of prohibited conduct, the
				  university may implement interim protective measures that impact a respondent
				  at any time prior to the conclusion of a conduct proceeding. When implemented,
				  the respondent will be advised on how to raise an objection about the interim
				  measure or request that it be made less restrictive. Interim measures will
				  remain in place until lifted or modified by a university official with
				  authority to do so.
Implementation of any interim measure does not assume any
				  determination of, or create any expectation of, responsibility for prohibited
				  conduct under this conduct code. A respondent who fails to comply with any
				  interim protective measures may, however, be charged with a "failure to comply"
				  pursuant to WAC 478-121-130.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-237 - Emergency authority of the university

Current through Register Vol. 24-14, July 15, 2024
If there is reasonable cause to believe that a student's
				  conduct represents a threat to the health, safety, or welfare of the university
				  or any member of the university community, or poses an ongoing threat of
				  substantially disrupting or materially interfering with university activities
				  or operations, the president, the president's delegate, the vice president for
				  student life for the University of Washington Seattle or delegates, and the
				  chancellors of the University of Washington Bothell and Tacoma campuses or
				  delegates, may immediately suspend that student from participation in any or
				  all university functions, privileges, or locations.
In such an emergency situation, the university official
				  placing the student on emergency suspension shall issue a written order to be
				  served upon the student describing the terms of the emergency suspension and
				  the reasons for the emergency suspension. The order shall advise the student
				  how to raise an objection about the emergency suspension or request that it be
				  made less restrictive. The university may also put a conduct hold in place
				  during the emergency suspension period.
The order shall be effective immediately. The proceeding
				  shall then be referred to the appropriate conduct office and the proceeding
				  shall proceed as quickly as feasible. The emergency suspension shall remain in
				  effect until lifted or revised by a university official with authority to do so
				  or until a final order is entered in the proceeding. Once a final order is
				  entered in the proceeding, any emergency suspension shall be lifted and the
				  sanction, if any, will be imposed.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-240 - Service of notices, filings, and orders; and time limits

Current through Register Vol. 24-14, July 15, 2024
Service of all university notices under this code will be
				  sent by electronic mail (email) addressed to the party's university-issued
				  email address. An alternative email address may be provided to the presiding
				  officers and reviewing officer(s) in writing. Service is complete at the moment
				  the email is sent to the email address. If there is no email on record, service
				  may also be accomplished by personal service or by posting it in the United
				  States mail, properly addressed, and postage prepaid. Service by mail is
				  complete upon deposit in the United States mail.
The parties are permitted to file documents with the
				  presiding officer or reviewing officer(s) via email or other electronic means
				  as determined by the presiding officer or reviewing officer(s). Receipt of such
				  documents will be determined by the date of the email. For documents that must
				  be shared with other parties, the university will be responsible for service of
				  such documents, as above.
In computing any period of time under this conduct code, the
				  day of service of any order, notice, or other document is not counted. The last
				  day of the applicable period of time is counted. If the last day of the
				  applicable period of time falls on a Saturday, Sunday, or official state
				  holiday (which includes the day after Thanksgiving), the period ends on the
				  next business day. When the period of time prescribed or allowed is less than
				  seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in
				  the computation.
The time limit for seeking administrative review of an
				  initial order is based upon the date of service of the initial
				  order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-243 - Participation of advisors and attorneys

Current through Register Vol. 24-14, July 15, 2024
The parties to conduct proceedings may, at their own
				  expense, be accompanied by an advisor of their choice, including an attorney,
				  throughout the conduct proceedings. In a brief adjudicative proceeding, an
				  advisor may provide support and advice, but an advisor may not speak on behalf
				  of the student or disrupt or interfere with any aspect of the brief
				  adjudicative proceeding, as determined by the conduct officer. In a full
				  adjudicative proceeding, including any prehearing matters, if the party's
				  advisor is an attorney, the attorney may advise and represent the party, but
				  the advisor may not disrupt or interfere with any aspect of the proceeding, as
				  determined by the hearing officer. For additional guidance, see
Student
				  Governance and Policies
, chapters 209 and 210.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-245 - Consolidation

Current through Register Vol. 24-14, July 15, 2024
If there are multiple conduct proceedings involving common
				  issues or parties, the parties may request, or the presiding officer may
				  decide, to consolidate the proceedings. This decision is within the sole
				  discretion of the presiding officer.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-250 - Evidence in conduct proceedings

Current through Register Vol. 24-14, July 15, 2024
The following evidentiary provisions apply to conduct
				  proceedings under this code. In applying this code, due consideration shall be
				  given to the fact that the conduct process is administrative and not judicial
				  in nature and that rules of evidence only apply to the extent set forth in this
				  code or in chapter 34.05 RCW. The university has also developed agency-level
				  guidance regarding its interpretations of these rules, including in
Student Governance and Policies
, chapters 209 and 210.
While brief adjudicative proceedings do not require the
				  application of rules of evidence, the conduct officer will be guided by the
				  principles underlying the Washington state rules of evidence when they do not
				  conflict with the code or relevant university policies.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-253 - Relevant evidence, hearsay, and character evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence, including hearsay, is
				admissible if, in the judgment of the presiding officer, it is the kind of
				evidence on which reasonably prudent persons are accustomed to rely in the
				conduct of their affairs. Findings may be based on such evidence even if it
				would be inadmissible in a civil trial. In a full hearing, however, the hearing
				officer shall not base a finding exclusively on such inadmissible evidence
				unless the hearing officer determines that doing so would not unduly abridge
				the parties' opportunities to confront witnesses and rebut evidence. The basis
				for this determination shall appear in the initial order.
(2) The presiding officer will determine the
				admissibility and relevance of all evidence, including that offered by the
				parties and/or witnesses, and shall exclude evidence that is excludable on
				constitutional or statutory grounds or on the basis of evidentiary privilege
				recognized in the courts of this state. The presiding officer may exclude from
				consideration evidence that is not relevant. The presiding officer may also
				exclude from consideration evidence that is immaterial or unduly
				repetitious.
(3) In general, the
				presiding officer will not consider statements of personal opinion or
				statements as to any individual's general reputation or any character trait,
				unless the presiding officer considers such evidence to be relevant and
				admissible.
(4) The presiding
				officer may take official notice of some material that was not offered as
				evidence by the parties. In full adjudicative proceedings, the process for
				taking official notice is set forth in
				RCW
				 34.05.452.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-255 - Prior or subsequent conduct of the respondent

Current through Register Vol. 24-14, July 15, 2024
Prior or subsequent conduct of the respondent may be
				  considered in determining opportunity, intent, preparation, plan, knowledge,
				  identity, or absence of mistake. The presiding officer will determine the
				  relevance and admissibility of this evidence.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-257 - Prior sexual history

Current through Register Vol. 24-14, July 15, 2024
The sexual history of the parties or witnesses will not be
				  used to prove character or reputation. Evidence related to the prior sexual
				  history of the parties or witnesses is generally not relevant to the
				  determination of a violation of this code and will be considered only in
				  limited circumstances. The presiding officer will determine the relevance of
				  this evidence.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-260 - Experts

Current through Register Vol. 24-14, July 15, 2024
Consistent with
				  RCW
				   34.05.452(5), presiding
				  officers may consult medical, forensic, technological, or other experts when
				  expertise on a topic is needed in order to achieve a fuller understanding of
				  the issues under investigation. This information will be summarized in the
				  initial order.
Generally, results of polygraph examinations are not
				  considered relevant, even if offered voluntarily.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-263 - Self-incriminating evidence

Current through Register Vol. 24-14, July 15, 2024
No student shall be compelled to give self-incriminating
				  evidence and a negative inference will not be drawn from a refusal to
				  participate at any stage of the conduct proceeding. The presiding officer may,
				  however, continue with the conduct proceeding and reach a finding based on
				  other available and admissible evidence.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part III - CONDUCT PROCEEDINGS, DISCIPLINARY SANCTIONS, AND EVIDENCE › Section 478-121-265 - Criminal conviction

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may accept a conviction of a crime
				  under any federal, state, or local law as the evidentiary basis for
				  establishing prohibited conduct under this code when the elements of that crime
				  establish prohibited conduct under this code that adversely affects a
				  university interest.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-300 - Brief adjudicative proceedings Notice of conduct proceeding and investigative interview

Current through Register Vol. 24-14, July 15, 2024
The conduct officer will provide notice to the parties, in
				  writing, of the commencement of conduct proceedings, which will include
				  information on how to petition for disqualification of the conduct
				  officer.
The conduct officer will also schedule an investigative
				  interview with the respondent as part of the fact-finding
				  process.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-305 - Brief adjudicative proceedings-Fact finding

Current through Register Vol. 24-14, July 15, 2024
Before taking action in a brief adjudication proceeding, the
				  conduct officer shall give each party an opportunity to be informed of the
				  agency's view of the matter and to explain the party's view of the matter. This
				  process includes, without limitation, conducting fact finding and providing the
				  parties with the opportunity to participate in the conduct proceeding by
				  explaining the process to the parties and allowing them to review the
				  allegations, provide evidence, identify witnesses with relevant knowledge,
				  respond to evidence provided by others, and provide the conduct officer with
				  suggested questions for others (collectively, "fact
				  finding").
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-310 - Brief adjudicative proceedings- Standard of proof

Current through Register Vol. 24-14, July 15, 2024
The applicable standard of proof is the "preponderance of
				  evidence" standard. This means that, in order for a respondent to be held
				  responsible for a violation of this conduct code, the conduct officer must
				  conclude, based on all of the evidence in the record, that it is more likely
				  than not that the respondent engaged in an act or acts of conduct prohibited by
				  this code.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-315 - Brief adjudicative proceedings- Initial order

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the fact finding, the conduct officer
				  will prepare an initial order. If the respondent is found responsible, the
				  conduct officer will impose a sanction.
The conduct officer will serve the initial order to the
				  parties, simultaneously and in writing. The initial order will include a brief
				  written statement of the reasons for the decision and an explanation of how to
				  request administrative review of the initial order and the time frame to do
				  so.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-320 - Brief adjudicative proceedings- Requesting administrative review

Current through Register Vol. 24-14, July 15, 2024
A party may request administrative review of the initial
				  order based on the grounds as set forth in WAC 478-121-325.
A request for administrative review must be submitted in
				  writing to the conduct officer within twenty-one days of the date of service of
				  the initial order. The party requesting the review will be provided with an
				  opportunity to explain the reasons for seeking review. If one of the grounds is
				  to consider newly discovered evidence, that evidence must also be provided with
				  the request for review.
If an administrative review is not requested within
				  twenty-one days of service of the initial order, the initial order shall become
				  the final order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-325 - Brief adjudicative proceedings- Grounds for administrative review

Current through Register Vol. 24-14, July 15, 2024
A party may request administrative review for any or all of
				  the following reasons:
(1) To
				determine whether there was a material error that substantially affected the
				outcome of the fact finding or sanctioning;
(2) To consider newly discovered evidence,
				not reasonably available during the fact finding, that could substantially
				impact the outcome;
(3) To
				determine whether the sanction(s) imposed were appropriate for the violation
				committed and were not excessively lenient or excessively severe; or
(4) To determine whether the issue and
				interests involved warrant a full hearing.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-330 - Brief adjudicative proceedings- Notice of administrative review

Current through Register Vol. 24-14, July 15, 2024
If administrative review is requested, the university will
				  provide the parties notice, in writing, of the date the administrative review
				  will be initiated and the identities of the reviewing officer(s) selected for
				  the review panel. The parties will also be provided with information on how to
				  petition for disqualification of any reviewing officer(s).
Other parties will be provided with a copy of the request for
				  administrative review and notice of how to submit a written response. Responses
				  must be submitted within five business days of service of the notice of
				  administrative review.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-335 - Brief adjudicative proceedings- Procedures for administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				reviewing officer(s) conducts an administrative review, the review is based on:
(a) The conduct officer's record and fact
				finding;
(b) Information submitted
				to the review panel in the request for review or response to request for
				review; and
(c) Newly discovered
				evidence, if the basis for seeking administrative review is that newly
				discovered evidence has become available; however the review of newly
				discovered evidence is limited to determining whether the newly discovered
				evidence warrants remanding the matter for further proceedings.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-340 - Brief adjudicative proceedings- Order from administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) Within twenty
				days after the request is submitted, the review panel will issue an order,
				which will include the outcome, any sanction, and a brief statement of the
				reasons for the outcome. All parties will receive simultaneous, written
				notification of the outcome of the review.
(2) The reviewing officer(s) may reach one of
				the following results:
(a) Conclude there is
				no basis for remand or alteration of sanctions, and issue a final order
				disposing of the proceeding;
(b)
				Remand for further fact finding or review if newly discovered evidence may have
				impacted the result or if the record demonstrates material error;
(c) Increase or reduce the sanction(s) and
				issue a final order, if the increased sanction does not warrant a full hearing;
				or
(d) Conclude whether the
				proceeding should be converted to a full adjudicative proceeding and, if so,
				take steps necessary to initiate a full hearing.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part IV - BRIEF ADJUDICATIVE PROCEEDINGS › Section 478-121-345 - Brief adjudicative proceedings- Process following remand from administrative review or conversion

Current through Register Vol. 24-14, July 15, 2024
If the proceeding is remanded or converted to a full
				  adjudicative proceeding following administrative review, the initial order will
				  be rescinded and the reviewing officer(s) will describe, in writing, the
				  reasons for the remand or conversion.
Following remand, additional proceedings will be conducted as
				  necessary to address the reasons for the remand or conversion and will be
				  conducted in accordance with the relevant sections of this
				  code.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-400 - Notice of full hearing

Current through Register Vol. 24-14, July 15, 2024
The hearing officer shall set the time and place of the full
				  hearing and give not less than seven days advance written notice to all parties
				  and to all persons who have filed written petitions to intervene in the matter.
				  The notice will include information on how to petition for disqualification of
				  the hearing officer.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-403 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1) Hearing
				officers upon their own motion or upon request of a party may direct the
				parties or their representatives to engage in a prehearing conference or
				conferences to consider:
(a) Simplification of
				issues;
(b) The necessity or
				desirability of amendments to the pleadings, if any;
(c) The possibility of obtaining
				stipulations, admissions of fact and admissions of the genuineness of documents
				which will avoid unnecessary proof;
(d) Limitations on the number and
				consolidation of the examination of witnesses;
(e) Procedural matters;
(f) Distribution of written testimony and
				exhibits to the parties prior to the hearing;
(g) Such other matters as may aid in the
				disposition or settlement of the proceeding.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-405 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Discovery, including depositions, interrogatories, requests
				  for production, entry onto land for inspection or other purposes, and physical
				  and mental examinations, are not available in conduct proceedings under this
				  code.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-407 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
The hearing officer may issue subpoenas. The parties may
				  also request that the hearing officer issue subpoenas or a party's attorney of
				  record may also issue a subpoena in whose behalf the witness is required to
				  appear at a full hearing. The requesting party is responsible for serving the
				  subpoena upon the witness. In the discretion of the hearing officer, and where
				  the rights of the parties will not be prejudiced thereby, such testimony may be
				  by telephone or other electronic means.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-410 - Protective orders

Current through Register Vol. 24-14, July 15, 2024
The hearing officer may enter protective orders, which limit
				  the admissibility of evidence or condition it on specified criteria necessary
				  to protect a party or a witness from annoyance, embarrassment, oppression, or
				  undue burden or expense, or to comply with any applicable
				  law.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-413 - Pleadings, briefs, and motions

Current through Register Vol. 24-14, July 15, 2024
(1)
				At appropriate stages of full adjudicative proceedings, the hearing officer
				will give all parties full opportunity to submit and respond to pleadings,
				motions, objections, and offers of settlement, including motions for summary
				judgment.
(2) At appropriate stages
				of full adjudicative proceedings, the hearing officer may give all parties full
				opportunity to file briefs, proposed findings of fact and conclusions of law,
				and proposed initial or final orders.
(3) The hearing officer has the discretion to
				decide and dispose of all issues raised in accordance with this
				section.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-415 - Communications with hearing officer

Current through Register Vol. 24-14, July 15, 2024
All communications with the hearing officer, except for
				  communications necessary to procedural aspects of maintaining an orderly
				  process, must be in the presence of, or with a copy to, all other parties. Ex
				  parte communications received by the hearing officer must be placed on the
				  record, and all other parties must be informed of the ex parte communication
				  and given an opportunity to respond on the record.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-417 - Standard of proof in full hearings

Current through Register Vol. 24-14, July 15, 2024
The applicable standard of proof is the "preponderance of
				  evidence" standard. This means that, in order for a respondent to be held
				  responsible for prohibited conduct under the conduct code, the hearing officer
				  must conclude, based on all of the evidence in the record, that it is more
				  likely than not that the respondent engaged in an act or acts of prohibited
				  conduct.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-420 - Continuances

Current through Register Vol. 24-14, July 15, 2024
The hearing officer has the discretion to grant
				  postponements, continuances, extensions of time, and adjournments or upon a
				  request of any party, if the party shows good cause.
A request for a continuance may be oral or written. If all
				  parties do not agree to the continuance, the hearing officer may schedule a
				  prehearing conference to receive argument or may rule on the request without
				  argument.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-423 - Testimony under oath or affirmation

Current through Register Vol. 24-14, July 15, 2024
In a full hearing, all testimony of parties and witnesses
				  shall be made under oath or affirmation.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-425 - Remote participation

Current through Register Vol. 24-14, July 15, 2024
At the discretion of the hearing officer, and where the
				  rights of the parties will not be prejudiced thereby, all or part of any
				  hearing, including the testimony of witnesses, may be conducted by telephone,
				  or other electronic means. Each party in the hearing must have an opportunity
				  to participate effectively in, to hear, and if technically and economically
				  feasible, to see the entire proceeding while it is taking place. Such measures
				  may be taken to accommodate concerns raised by a complainant, a respondent, or
				  any witness.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-427 - Initial order from full hearing

Current through Register Vol. 24-14, July 15, 2024
At the conclusion, the hearing officer will issue an initial
				  order, which shall include all matters required by
				  RCW
				   34.05.461(3). The hearing
				  officer will serve the initial order to the parties, simultaneously and in
				  writing. The initial order will include an explanation of how to request
				  administrative review of the initial order and the time frame to do so.
If an administrative review is not requested within
				  twenty-one days of service of the initial order, the initial order shall become
				  the final order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-430 - Requesting administrative review from a full hearing

Current through Register Vol. 24-14, July 15, 2024
A party may request administrative review of the initial
				  order from a full hearing based on the grounds as set forth in WAC
				  478-121-433.
A request for administrative review must be submitted in
				  writing to the hearing officer within twenty-one days of the date of the
				  initial order. If one of the grounds is to consider newly discovered evidence,
				  that evidence must be provided with the request for review.
If an administrative review is not requested within
				  twenty-one days the initial order shall become the final
				  order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-433 - Grounds for administrative review from a full hearing

Current through Register Vol. 24-14, July 15, 2024
A party may request administrative review for any or all of
				  the following reasons:
(1) To
				determine whether there was a material error that substantially affected the
				outcome of the fact finding or sanctioning;
(2) To consider newly discovered evidence,
				not reasonably available during the fact finding, that could substantially
				impact the outcome;
(3) To
				determine whether the sanction(s) imposed were appropriate for the violation
				committed and were not excessively lenient or excessively severe; or
(4) Any other grounds that would warrant
				modification, withdrawal, or reversal of the order.
Washington Administrative Code › Title 478 - University of Washington › Chapter 478-121 - Student conduct code for the University of Washington › Part V - FULL ADJUDICATIVE PROCEEDINGS AND FULL HEARING › Section 478-121-435 - Notice of administrative review from a full hearing

Current through Register Vol. 24-14, July 15, 2024
If administrative review is requested,
the university will provide the parties notice, in writing,
				  of the date the administrative review will be initiated and the identities of
				  the reviewing officer(s) selected for the review panel. The parties will also
				  be provided with information on how to petition for disqualification of any
				  reviewing officer(s).
Other parties will be provided with a copy of the request for
				  administrative review and notice of how to submit a written response. Responses
				  must be submitted within five business days of service of the notice of
				  administrative review.