Wash. Admin. Code § 495E-120-150

Current through Register Vol. 24-23, December 1, 2024

Section 495E-120-150 - Discipline review - Formal adjudicative proceedings

In a formal adjudicative proceeding:

(1)RCW 34.05.413 through 34.05.479 and chapters 10-08 and 495E-108 WAC shall govern, unless otherwise provided in these rules.

(2) The presiding officer shall be a discipline appeals committee consisting of three individuals: The vice-president for student services (who shall serve as chair and make procedural rulings on such issues as discovery, closure, and means of recording), an associate or assistant dean designated by the president, and a third individual designated by the president.

(3) The presiding officer may designate a recordkeeping clerk and/or other staff as appropriate. Hearings shall be recorded, in accordance with WAC 10-08-170. If any part of a hearing is closed in accordance with WAC 495E-108-070, the recording of that closed part shall be kept separate and confidential.

(4) The presiding officer may conduct prehearing conference(s) in accordance with RCW 34.05.431 and WAC 10-08-130.

(5) The presiding officer may permit or conduct discovery as provided in RCW 34.05.446, WAC 10-08-120, and 495E-108-060.

(6) The presiding officer shall give not less than seven days advance written notice of a hearing to all parties and all intervenors, except where such notice is waived, in accordance with RCW 34.05.434, WAC 10-08-040, or other applicable law.

(7) The burden of proof shall be on the party seeking to uphold the discipline to establish good cause by a preponderance of the evidence.

(8) Within the ninety days specified in RCW 34.05.461, and preferably within twenty days, the presiding officer shall serve on the parties and provide to the president an initial order, together with any relevant comments on the demeanor of witnesses. At the same time, a full and complete record of the proceedings shall also be transmitted to the president. The initial order shall include a statement of findings and conclusions and otherwise comply with RCW 34.05.461 and WAC 10-08-210. The initial order also shall describe the available administrative review procedures specified in subsection (9) of this section.

(9) The initial order shall become the final order, without further action, unless within twenty-one days of service of the initial order:

(a) The president or president's designee upon his/her own motion, determines that the initial order should be reviewed; or

(b) A party to the proceedings files with the president a written petition for administrative review of the initial order. The president or president's designee shall be the reviewing officer and RCW 34.05.464 and WAC 10-08-211 shall apply to any such determination or petition.

Wash. Admin. Code § 495E-120-150

Statutory Authority: RCW 28B.50.140, 34.05.220 and [34.05].482. 93-13-107, § 495E-120-150, filed 6/21/93, effective 7/22/93.