Section 495C-120-160 - Hearing procedures(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.Wash. Admin. Code § 495C-120-160
Repealed by WSR 14-11-070, filed 5/19/14, effective 6/19/2014Statutory 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.