Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-131 - Student disciplinary committee hearing - Presentation of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
			 failure of any party to attend or participate in a hearing, the committee may
			 either (a) proceed with the hearing and issuance of its order or (b) serve an
			 order of default in accordance with
			 RCW
			   34.05.440. If an accused student, with
			 notice, does not appear before a student conduct administrative panel hearing,
			 the information in support of the complaint is presented and considered in the
			 absence of the accused student.
(2)
			 The hearing will ordinarily be closed to the public. However, if all parties
			 agree on the record or in writing that some or all of the proceedings should be
			 open, the committee chair shall determine any extent to which the hearing will
			 be open. For hearings involving sexual misconduct allegations, complainant,
			 accused student, and their respective attorney representatives may attend
			 portions of the hearing where argument, testimony, and/or evidence are
			 presented to the student disciplinary committee. If any person disrupts the
			 proceedings, the chair may exclude that person from the hearing room.
(3) The committee chair shall cause the
			 hearing to be recorded by a method that the committee chair selects, in
			 accordance with
			 RCW
			   34.05.449. Panel deliberations are not
			 recorded. The recording, or a copy, is property of the college, but will be
			 made available to the respondent 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 the respondent. Other recording shall
			 also be permitted, in accordance with WAC
			 10-08-190.
(4) The committee chair shall preside at the
			 hearing and decide procedural questions that arise during the hearing, except
			 as overridden by majority vote of the committee, and make rulings on the
			 admissibility of evidence, motions, objections, and on challenges to the
			 impartiality of board members, unless a hearing examiner is appointed as
			 provided below. These rulings shall be made on the record. The Washington rules
			 of evidence shall serve as guidelines for those rulings on the admissibility of
			 evidence, in conjunction with the Administrative Procedure Act, chapter 34.05
			 RCW. Questions related to the order of the proceedings are also determined by
			 the committee chair.
(5) The
			 student conduct officer (unless represented by an assistant attorney general)
			 shall present the case for disciplinary action. The facts justifying any such
			 action must be established by a preponderance of the evidence.
(6) All testimony shall be given under oath
			 or affirmation. The panel chair determines which records, exhibits, and written
			 statements may be accepted as information for consideration by the panel. These
			 rulings shall be made on the record. Evidence shall be admitted or excluded in
			 accordance with
			 RCW
			   34.05.452.
(7) The president of the college or designee,
			 the chair of the student disciplinary committee, the administrators assigned to
			 the student disciplinary committee, deans, and/or the student conduct officer
			 have the authority to issue subpoenas.
(8) The accused student and the student
			 conduct officer may arrange for witnesses to present pertinent information to
			 the student disciplinary committee. Each party is responsible for informing
			 their witnesses of the time and place of the hearing.
(9) The committee chair may accommodate
			 concerns for the personal safety, well-being or fears of confrontation during
			 the hearing by providing separate facilities, or by permitting participation by
			 telephone, audio tape, written statement, or other means. In making such
			 accommodations, the rights of the other parties must not be prejudiced and must
			 have the opportunity to participate effectively in, to hear, and, if
			 technically economically feasible, to see the entire proceeding while it is
			 taking place.
(10) In cases
			 involving allegations of sexual misconduct, neither 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 submitted in writing to the committee chair, who in his or her
			 discretion shall pose the questions on the party's behalf.
(11) At the conclusion of the hearing, the
			 committee shall permit the parties to make closing arguments in whatever form
			 it wishes to receive them. The committee may also permit each party to propose
			 findings, conclusions, and/or an order for its consideration.