(1) The discipline committee shall conduct a hearing within twenty calendar days after disciplinary action has been referred to the committee.
(2) When a person is charged with an offense punishable by suspension, or dismissal of his or her relationship with the institution, and where the person
(a) Waives the opportunity for a brief adjudicative proceeding, or
(b) By his/her conduct in the judgment of the hearing officer makes it impossible to conduct a brief adjudicative proceeding, or
(c) Is dissatisfied with the results of the brief adjudicative proceeding; that person is entitled to an adjudicative proceeding according to the provisions of RCW 34.05.410
and the guidelines of this chapter. Where an adjudicative proceeding is neither required by law nor requested by the student or the college, the matter may be resolved informally. Brief adjudicative proceedings before the discipline committee shall be conducted in any manner which will bring about a prompt, fair resolution of the matter.
(3) Written notice of the time and place of this hearing before the college discipline committee, shall be given to the student by personal service or certified mail not less than fifteen calendar days in advance of the hearing. The notice shall be issued by the dean of student services and shall contain:
(a) A statement of the time, place and nature of the disciplinary proceedings;
(b) A statement of the charges including reference to the particular sections of the student code involved; and
(c) To the extent known, a list of witnesses who will appear and a summary description of any documentary or other physical evidence that will be presented by the college at the hearing.
(4) The student shall be entitled to:
(a) Hear and examine the evidence against him or her and be informed of the identity of its source;
(b) Present evidence in his or her own behalf and to cross-examine witnesses testifying on behalf of the college as to factual matters.
(c) Take depositions upon oral examination or written interrogatories. Discovery shall be done according to the rules of civil procedure or by a less formal method where all parties agree.
(5) The student shall have all authority possessed by the college to obtain information relevant to the issues of the hearings, he/she specifically describes, in writing, and tenders to the dean of student services no later than three days prior to the hearings, or requests the presence of witnesses or the production of other relevant evidence.
(6) The student shall have the right to dismiss a member of the college discipline committee on prejudicial grounds if notice is tendered in writing to the dean of student services at least three days prior to the scheduled hearing.
(7) The student may be represented by counsel of his or her choice at the disciplinary hearing. If the student elects to choose a duly licensed attorney as his or her counsel, he or she must tender at least seven calendar days' notice thereof to the dean of student services.
(8) In all disciplinary proceedings the college may be represented by the dean of student services or his or her designee who shall present the college's case to the college discipline committee. The dean of student services may elect to have the college represented by an assistant attorney general.
(9) An adequate record of the hearing shall be maintained and shall include:
(a) All documents, motions, and intermediate rulings;
(b) Evidence received and considered;
(c) A statement of matters noticed; and
(d) Questions and offers of proof, objections and rulings thereon.
(10) The chair of the college discipline committee shall preside at the disciplinary hearing and shall be considered the presiding officer.
(11) The dean of student services shall designate a recorder to take notes during the hearing and to prepare a written summary of all evidence, facts and testimony presented to the college discipline committee during the course of the hearing.
(12) Hearings conducted by the college discipline committee generally will be held in closed session, provided that the accused student may request the hearing to be held in open session.
(13) If at any time during the conduct of a hearing visitors disrupt the proceedings, the chair of the committee may exclude such persons from the hearing room.
(14) Any student attending the college discipline committee hearing who continues to disrupt the proceedings after the chair of the committee has asked him or her to cease or to leave the hearing room shall be subject to disciplinary action.
[Statutory Authority: RCW 28B.50.140. 03-14-015, § 132H-120-300, filed 6/19/03, effective 7/20/03; 02-10-069, § 132H-120-300, filed 4/26/02, effective 5/27/02. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 93-12-008, § 132H-120-300, filed 5/19/93, effective 6/19/93; 92-19-047, § 132H-120-300, filed 9/10/92, effective 10/11/92; Order 16, § 132H-120-300, filed 3/15/73.]