Washington Administrative Code › Title 132W - Wenatchee Valley College › Chapter 132W-115 - Code of student conduct › Section 132W-115-130 - Procedural guidelines for hearings involving serious disciplinary violations

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 committee chair shall set the time, place and available seating capacity for a
			 hearing.
(2) All committee
			 proceedings will be conducted with reasonable dispatch and terminated as soon
			 as fairness to all parties involved permits.
(3) The committee chair shall enforce general
			 rules of procedures for conducting hearings consistent with these procedural
			 guidelines.
(4) The student shall
			 be given notice of the date, time and place of the hearing, the charges, a list
			 of witnesses who will appear, and a description of any documentary or other
			 physical evidence that will be presented at the hearing. This notice shall be
			 given to the student in writing and shall be provided in sufficient time to
			 permit him/her to prepare a defense.
(5) The student or his/her representative
			 shall be entitled to hear and examine the evidence against him or her and be
			 informed of the identity of its sources; and shall be entitled to present
			 evidence in his or her own behalf and question witnesses as to factual matters.
			 The student shall be able to obtain information or to request the presence of
			 witnesses or the production of other evidence relevant to the issues at the
			 hearing.
(6) Committee hearings may
			 be held in closed session at the discretion of the council, the only exception
			 being when the student involved invites particular persons or requests an open
			 hearing. If at any time during the conduct of the hearing invited persons are
			 disruptive of the proceedings, the committee chair may exclude such persons
			 from the hearing room.
(7) Only
			 those matters presented at the hearing, in the presence of the student
			 involved, will be considered in determining whether the student is guilty of
			 the misconduct charged, but the student's past record of conduct may be taken
			 into account in formulating the committee's recommendation for disciplinary
			 action.
(8) The failure of a
			 student to cooperate with the hearing procedures, however, shall not preclude
			 the committee from making its findings of fact, reaching conclusions and
			 imposing sanctions. Failure of the student to cooperate may be taken into
			 consideration by the committee in recommending penalties.
(9) The student may be represented by counsel
			 and/or accompanied by an advisor of his/her choice. If counsel is present for
			 the student, the college may also have counsel present to assist the council.
			 If the student intends to use an attorney, he or she must notify the dean of
			 student services five days in advance of the formal hearing.
(10) An adequate summary of the proceedings
			 will be kept. As a minimum, such summary would include a tape recording of
			 testimony. Such record will be available for inspections and copying in the
			 office of the dean of student services during regular business hours.
(11) The student will be provided with a copy
			 of the findings of fact and the conclusions of the committee.
(12) If the council's proceedings were to
			 hear a disciplinary matter pursuant to the request of the dean for student
			 services, the council's recommendation shall be forwarded to the dean of
			 student services for disposition of the matter.
(13) The dean of student services or designee
			 shall notify the student of his or her decision.
(14) The student will also be advised of
			 his/her right to present, within ten calendar days, a written statement of
			 appeal to the president of the college before action is taken on the decision
			 of the committee.
(15) The dean of
			 student services or designee shall notify the student of his or her
			 decision.
(16) The student will
			 also be advised of his/her right to present, within ten calendar days, a
			 written statement of appeal to the president of the college before action is
			 taken on the decision of the committee.
(17) The president of the college or his/her
			 designated representative shall, after reviewing the case, sustain the
			 decision, give directions as to what other disciplinary action shall be taken
			 by modifying its decision, or nullify previous sanctions imposed by reversing
			 the decision. The president or designee shall then notify the dean of student
			 services, the student, and the committee. The president's decision shall be
			 final.
Statutory Authority:
				  Chapter
				  28B.50 RCW. 01-12-015,
				  §
										132W-115-130, filed 5/25/01,
				  effective 6/25/01.