Washington Administrative Code › Title 132F - Seattle Colleges › Chapter 132F-121 - Student activities, rights and discipline › Section 132F-121-190 - Student conduct committee hearings-In general

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent student has a right to a
			 prompt, fair, and impartial hearing before the student conduct committee on a
			 referral for, or timely appeal of, a disciplinary sanction, except as otherwise
			 provided in these rules.
(2)
			 Chapter 34.05 RCW and chapter 10-08 WAC govern committee proceedings and
			 control in the event of any conflict with these rules. The district's chapter
			 132F-108 WAC also governs committee proceedings.
(3) The chair of the committee shall give not
			 less than seven days advance written notice of the hearing to all parties, as
			 further specified in
			 RCW
			   34.05.434 and WAC 10-08040 and 10-08-045. The
			 chair may shorten this notice period if both parties agree, and also may
			 continue the hearing to a later time for good cause.
(4) The committee chair may provide to the
			 committee members in advance of the hearing copies of (a) the vice president
			 for student service's notification of imposition of discipline (or referral to
			 the committee) and (b) 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.
(5) The committee chair is authorized to
			 conduct prehearing conferences and/or to make prehearing decisions, except as
			 overridden by majority vote of the committee, concerning the extent and forms
			 of any discovery, issuance of protective orders, and similar procedural
			 matters.
(6) Upon request made at
			 least five days before the hearing by either the respondent or the vice
			 president, the two of them shall exchange, no later than the third day prior to
			 the hearing, lists of potential witnesses and copies of potential exhibits that
			 they reasonably expect to present in their respective cases, except impeachment
			 or rebuttal evidence. 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, absent a showing of good cause for such failure.
(7) The respondent and the vice president 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.
(8) The vice president
			 shall provide reasonable assistance to the respondent, upon request, in
			 obtaining relevant and admissible evidence that is within the college's
			 control.
(9) Communications between
			 committee members and other persons 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, and any improper "ex parte" communication shall be
			 placed on the record, as further provided in
			 RCW
			   34.05.455.
(10) Each party may be accompanied at the
			 hearing by a nonattorney assistant of their choice. A respondent may elect to
			 be represented by an attorney, but will be deemed to have waived that right
			 unless, at least four days before the hearing, written notice of the attorney's
			 identity and participation is served on both the chair and the vice president.
			 If the respondent is represented by an attorney, the vice president may also be
			 represented by an attorney. If both the respondent and vice president have
			 counsel, the committee will ordinarily be advised by a separate assistant
			 attorney general.
(11) Minor
			 disciplinary actions imposing probation or suspension of ten instructional days
			 or less and any conditions or terms placed on the student may be conducted by a
			 brief adjudicative proceeding in accordance with
			 RCW
			   34.05.482 through
			 34.05.494.
Statutory Authority:
				  RCW
				    28B.50.100, [28B.50].130, and/or[28B.50].140
				  . 03-16-015, §
										132F-121-190, filed 7/28/03,
				  effective 8/28/03.