Section 132B-125-345 - Student conduct committee hearings-Presentations of evidence(1) Upon the failure of any party to attend or participate in a hearing, the student conduct committee may either: (a) Proceed with the hearing and issuance of its decision; or(b) Serve a decision of default in accordance with RCW 34.05.440.(2) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449 Procedure at hearing. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476 Agency record, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190 Adjudicative proceedings-Cam-eras-Recording devices.(4) The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee.(5) The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452 Rules of evidence-Cross-examination.(7) In cases involving allegations of sexual misconduct, neither the complainant nor the respondent shall directly question or cross-examine one another. Attorneys or advisors for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf.Wash. Admin. Code § 132B-125-345
Adopted by WSR 21-12-008, Filed 5/19/2021, effective 6/19/2021