Washington Administrative Code › Title 495C - Clover Park Technical College › Chapter 495C-120 - Student conduct code › Section 495C-120-160 - Hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1) A student,
			 if he or she wishes to appeal, has a right to a fair and impartial hearing
			 before the vice-president for student services or designee on any charge of
			 misconduct. The failure of a student to cooperate with the hearing procedures,
			 however, shall not preclude the vice-president for student services or designee
			 from making his or her findings of fact, reaching conclusions and imposing
			 sanctions. Failure of the student to cooperate may be taken into consideration
			 by the vice-president for student services or designee in recommending
			 penalties.
(2) If a hearing is
			 requested, notice of the hearing shall be given to all parties at least seven
			 days before the hearing. The notice will indicate the names and addresses of
			 all parties, the names and addresses of their representatives, a statement of
			 the time, place, and nature of the proceeding, a short and plain statement of
			 the matters asserted, and the legal authority and jurisdiction under which the
			 hearing is to be held.
(3) The
			 student, his or her representative, or both, 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 have all authority
			 which is possessed by the college to obtain information or to request the
			 presence of witnesses or the production of other evidence relevant to the
			 issues at the hearing.
(4) 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 vice-president for student services or
			 designee's recommendation for disciplinary action.
(5) The student may be represented by counsel
			 and/or accompanied by an advisor of his or her choice, who shall not be a
			 college employee.
(6) Hearings may
			 be held in closed session at the discretion of the vice-president for student
			 services or designee, 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 vice-president for student services or designee may exclude such persons
			 from the hearing room.
(7) The
			 vice-president for student services or designee shall set the time, place and
			 available seating capacity for a hearing.
(8) All proceedings of the vice-president for
			 student services or designee will be conducted with reasonable dispatch and
			 terminated as soon as fairness to all parties involved permits.
(9) 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 inspection and copying in the
			 office of student services during regular business hours.
(10) The student will be provided with a copy
			 of the findings of fact and the conclusions of the vice-president for student
			 services or designee as well as a statement of the available procedures and
			 time limits for seeking reconsideration or other administrative relief. The
			 student will be advised of his or her right to present, within fifteen calendar
			 days, a written statement of appeal to the president of the college before
			 action is taken on the decision of the vice-president for student services or
			 designee. In the case of an unemancipated minor, written notice of any action
			 involving dismissal or disciplinary probation may be sent to the parents or
			 guardian of the student.
(11) The
			 vice-president for student services or designee shall establish general rules
			 of procedure for conducting hearings consistent with these guidelines, the
			 college's rules of practice and procedure set forth in chapter 495C-108 WAC and
			 the Administrative Procedure Act,
			 chapter
			 34.05 RCW.
(12) If no timely appeal is filed in writing
			 from the findings and conclusions of the vice-president for student services or
			 designee, the action taken shall be final.
Statutory Authority:
				  RCW
				   28B.50.140(13). 00-12-019,
				  §
										495C-120-160, filed 5/26/00,
				  effective 6/26/00. Statutory Authority:
				  RCW
				   28B.50.140,
				  42.30.075 and 1991 c 238.
				  92-19-091, §
										495C-120-160, filed 9/16/92,
				  effective 10/17/92.