Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-120 - Student conduct code › Section 132C-120-122 - Appeal-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) Proceedings of the student conduct committee shall be
		governed by the Administrative Procedure Act, chapter 34.05 RCW, and by the
		Model Rules of Procedure, chapter 10-08 WAC. To the extent there is a conflict
		between these rules and chapter 10-08 WAC, these rules shall control.
(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, as further specified in RCW   34.05.434 and WAC 10-08-040 and
		10-08-045. 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 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 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) Each party may be accompanied at the hearing by a
		nonattorney assistant of his/her choice. A respondent may elect to be
		represented by an attorney at his or her 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 is
		represented by an attorney, the student conduct officer may also be represented
		by an appropriately screened assistant attorney general.