Washington Administrative Code › Title 504 - Washington State University › Chapter 504-26 - Standards of conduct for students › Part IV - PROCEDURES › Section 504-26-403 - Conduct board hearings (full adjudications)

Current through Register Vol. 24-14, July 15, 2024
(1) Conduct board
				hearings are used in matters in which the respondent faces possible sanctions
				of suspension for more than 10 instructional days, expulsion, or revocation of
				degree and matters in which a recognized or registered student organization
				faces possible loss of recognition. In addition, conduct board hearings are
				generally used to adjudicate matters in which the respondent faces allegations
				of sexual misconduct, as that term is defined in WAC
				504-26-221. Other matters may be
				referred to a conduct board at the discretion of CCS.
(2) Adoption of model rules of procedure.
				Conduct board hearings are full adjudications governed by the Administrative
				Procedure Act,
				RCW
				 34.05.413 through
				34.05.476, and chapter 10-08 WAC,
				Model rules of procedure, except as otherwise provided in this chapter. In the
				event of a conflict between the rules in this chapter and the model rules, this
				chapter governs.
(3) Notice of
				hearing. Notice to the parties of a conduct board hearing must comply with
				model rule WAC
				10-08-040 and standards of conduct
				rule WAC 504-26-035. In addition,
				information regarding the student conduct process and student rights, as
				required by WAC
				504-26-401 must be
				provided.
(4) Time for conduct
				board hearings. The conduct board hearing is scheduled not less than seven
				calendar days after the parties have been sent notice of the hearing.
In accordance with WAC
				  10-08-090, requests to extend the
				  time and/or date for hearing must be addressed to the presiding officer. A
				  request for extension of time is granted only upon a showing of good
				  cause.
(5) Subpoenas.
				Subpoenas may be issued and enforced in accordance with model rule WAC
				10-08-120. In determining whether
				to issue, quash, or modify a subpoena, the presiding officer must give due
				consideration to state and federal legal requirements including, but not
				limited to, Title IX, its implementing regulations, and guidance issued by the
				federal Office for Civil Rights. The party requesting the subpoena has the
				burden of showing that a subpoena is necessary for full disclosure of all the
				relevant facts and issues.
(6)
				Discovery. Depositions, interrogatories, and physical or medical examinations
				of parties are not permitted in adjudications of student conduct matters. Other
				forms of discovery may be permitted at the discretion of the presiding officer;
				however, discovery should be limited to help ensure the prompt completion of
				the adjudication process.
(7)
				Cross-examination. As required by
				RCW
				 34.05.449, cross-examination of witnesses is
				permitted to the extent necessary for full disclosure of all relevant facts and
				issues. Cross-examination is conducted orally through the party's advisor or
				representative. If a party does not have an advisor or representative, an
				advisor is provided by the university free of charge to conduct
				cross-examination on that party's behalf. Advisors and representatives are
				required to engage in cross-examination questioning in a respectful manner. In
				no circumstance may the complainant or respondent be permitted to cross-examine
				each other directly. Before any witness or party may answer a cross-examination
				question, the presiding officer must first determine whether the question is
				relevant. The presiding officer must instruct parties or witnesses not to
				answer cross-examination questions that are irrelevant, immaterial, or unduly
				repetitious.
(8) Decision
				requirements. Decisions regarding responsibility and sanctions are made by a
				majority of the conduct board hearing the matter.
(9) Notice of decision and right to appeal.
				Within 10 calendar days of the completion of the hearing, the conduct board
				must issue a decision simultaneously to all parties, which is the initial order
				of the university and must contain the following:
(a) Description of the allegations that
				initiated the community standards process;
(b) Description of procedural steps taken
				from the receipt of the formal complaint up to and including the university
				conduct board hearing;
(c)
				Appropriately numbered findings of fact and conclusions;
(d) The sanction(s) and/or remedy(ies) to be
				assigned, if any, and the rationale for the sanction(s) and/or
				remedy(ies);
(e) Information
				regarding the parties' right to appeal according to WAC
				504-26-420, including the time
				frame for seeking review; and
(f)
				Notice that the initial order becomes final unless an appeal is filed within 20
				calendar days of the date the initial order is sent to the
				parties.