Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-28 - Standards and procedures for involuntary administrative withdrawal of students at Western Washington University for behavior from mental disorders › Section 516-28-045 - Informal hearing guidelines

Current through Register Vol. 24-14, July 15, 2024
Students subject to an involuntary withdrawal shall be accorded
				an informal hearing before the vice-president for student affairs or his/her
				designee, utilizing the following guidelines:
(1) Students will be informed to the time,
			 date, and location of the informal hearing in writing, either by personal
			 delivery or certified mail, at least two business days in advance.
(2) The case file shall include an evaluation
			 prepared by the mental health professional and the names of prospective
			 witnesses. This file will be available for inspection by the student in the
			 office of the vice-president for student affairs during normal business hours.
			 This file will be available at least two business days prior to the informal
			 hearing.
(3) The informal hearing
			 shall be conversational and nonadversarial. Formal rules of evidence will not
			 apply. The vice-president for student affairs or his/her designee shall
			 exercise active control over the proceedings to avoid needless consumption of
			 time and to achieve the orderly completion of the hearing. Any person who
			 disrupts the hearing may be excluded.
(4) The student may choose to be assisted by
			 a family member, a licensed psychiatrist or psychologist, or by a member of the
			 faculty or staff of the university. Furthermore, the student may be accompanied
			 by legal counsel, who is limited to providing legal advice to the
			 student.
(5) Whenever possible, the
			 student will be expected to respond to questions asked by the vice-president
			 for student affairs or his/her designee. A student who refuses to answer on
			 grounds of Fifth Amendment privilege may be informed that the vice-president
			 for student affairs or his/her designee may draw a negative inference from the
			 refusal which might result in dismissal from the institution in accordance with
			 these standards and procedures.
(6)
			 Those assisting the student, except for legal counsel, will be given reasonable
			 time to ask relevant questions of any individual appearing at the informal
			 hearing, as well as to present relevant evidence.
(7) The informal hearing may be conducted in
			 the absence of a student who fails to appear after proper notice.
(8) A university official and/or a licensed
			 psychiatrist or psychologist who prepared the evaluation report may be expected
			 to appear at the informal hearing, and to respond to relevant questions or
			 present evidence upon request of any party involved, if the vice-president for
			 student affairs or his/her designee determines that such participation is
			 essential to the resolution of the case.
(9) The informal hearing shall be
			 tape-recorded and kept with the pertinent case file in the confidential records
			 of the vice-president for student affairs for six years, following which the
			 records will be destroyed. During this period, the records will be accessible
			 only upon approval of the vice-president for student affairs and then only for
			 compelling reasons.
(10) A written
			 decision shall be rendered by the vice-president for student affairs or his/her
			 designee within five business days after the completion of the informal
			 hearing. The written decision, which will be personally delivered or sent by
			 certified mail, shall contain a statement of reasons for any determination
			 leading to involuntary withdrawal. The student will also be advised as to when
			 a petition for reinstatement would be considered, along with any conditions of
			 reinstatement.
(11) The decision of
			 the vice-president for student affairs or his/her designee shall be final and
			 not subject to appeal within the institution.
Statutory Authority:
				  RCW
				  28B.35.120(12). 89-11-039
				  (Order 89-01), § 516-28-045, filed
				  5/15/89.