Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-130 - Student disciplinary committee Hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct administrative panel
			 will conduct full adjudicative proceedings in accordance with the provisions of
			 this standards of conduct for students code, the Administrative Procedure Act
			 (chapter 34.05 RCW), and the model rules of procedure (chapter 10-08 WAC)
			 including a hearing, determination of findings, conclusions, and sanctions. To
			 the extent there is a conflict between the conduct code and the model rules,
			 this student conduct code shall control.
(2) The committee chair shall serve all
			 parties with written notice of the hearing not less than seven business days in
			 advance of the hearing date. The chair may shorten this notice period if both
			 parties agree, and also may continue the hearing to a later time for good
			 cause.
(3) The committee chair is
			 authorized to conduct prehearing conferences and/or to make prehearing
			 decisions concerning the extent and forms of any discovery, issuance of
			 protective orders, and similar procedural matters.
(4) Upon request filed at least five business
			 days before the hearing by either party or at the direction of the committee
			 chair, the parties shall exchange, no later than the third business day prior
			 to the hearing, lists of potential witnesses and copies of potential exhibits
			 that they reasonably expect to present in their respective cases. 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, unless the
			 party can show good cause for such failure.
(5) The committee chair may provide to the
			 committee members in advance of the hearing copies of (i) the student conduct
			 officer's notification of imposition of discipline (or referral to the
			 committee) and (ii) 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 shall provide
			 reasonable assistance to the respondent, upon request, 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; 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 their choice. A respondent or complainant
			 in a case involving allegations of sexual misconduct may elect to be
			 represented by an attorney at their 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 or complainant
			 is represented by an attorney, the student conduct officer may also be
			 represented by a second, appropriately screened assistant attorney
			 general.
(10) In circumstances
			 involving more than one accused student, the student conduct officer may permit
			 joint or separate hearings upon request by a party.
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-130, filed 7/14/03, effective 8/14/03; Order 69-4, §
				  132R-04-130, filed 12/5/69.