Section 495E-120-130 - Appeal of disciplinary action(1) A student may appeal a disciplinary action, other than a verbal warning, of an instructor or disciplining official by filing, within twenty days after the earlier of personal delivery or mailing of notice of the disciplinary action, a written application for a brief or formal adjudicative proceeding. This application may, but need not, explain the student's position and/or be on a form provided under WAC 495E-108-040. The application shall be filed with the vice-president for student services or the person (other than the disciplining official) designated by that vice-president to receive such an appeal.(2) The vice-president or designee receiving the appeal may, in his/her discretion, stay the effect of the discipline pending the appeal.(3) The vice-president or designee receiving the appeal may meet or attempt to meet with the student, the disciplining official, and anyone else deemed to have information, for the purpose of attempting to resolve the matter by agreement.(4) Unless the discipline is rescinded, the student confirms in writing his/her withdrawal of the application for an adjudication, or the matter is otherwise resolved by agreement, the vice-president shall conduct an adjudicative proceeding. This shall be a brief adjudicative proceeding unless: (a) The vice-president decides to convert the case to a formal adjudicative hearing; or(b) The discipline includes some form of dismissal from the college and the student in his/her request for an adjudication specified a formal adjudicative hearing.(5) Disqualification of a presiding officer shall be as provided in RCW 34.05.425.(6) The matter shall be heard by the presiding officer de novo.(7) Failure to participate or cooperate in the proceeding may be taken into consideration by the presiding officer and shall not preclude the presiding officer from making a decision. This shall not limit the possibility of a default under RCW 34.05.440.(8) The student may be accompanied by an advisor. However, no attorney representative of any party may participate in a meeting or hearing unless he/she has filed with the presiding officer and served on all other parties, at least five days previously, a notice of appearance. In the event of such notice, any other party may also have counsel.(9) The presiding officer may exclude from a meeting or hearing any person whose conduct is disruptive.(10) The presiding officer may consider evidence of any previous disciplinary action taken against the student.(11) The presiding officer and, subsequently, a reviewing officer, may affirm, modify, or reverse the disciplinary action.Wash. Admin. Code § 495E-120-130
Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. 93-13-107, § 495E-120-130, filed 6/21/93, effective 7/22/93.