(1) The judicial board shall conduct a hearing not less than seven days nor more than twenty-one days after disciplinary action has been referred to it.
(2) The student has a right to a fair and impartial hearing before the judicial board on any charge of violating the rules of conduct. However, the student's failure to cooperate with the committee's hearing procedures or failure to appear shall not preclude the judicial board from convening and making its findings of fact, conclusions, and recommendations.
(3) 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 admitted to practice in the state of Washington as counsel, the student shall notify the chair at the time of appeal or, if the hearing is held at the request of the college, at least three days prior to the hearing.
(4) In all disciplinary hearings, the college will be represented by the chief judicial affairs officer or his or her designee. The chief judicial affairs officer will then present the college's case against the student accused of violating the rules of conduct; provided, that in those cases in which the student elects to be represented by a licensed attorney, the chief judicial affairs officer may elect to have the college represented by an assistant attorney general with the assistance of the chief judicial affairs officer.
(5) The record in a formal hearing shall consist of all documents as required by law and as specified in RCW 34.05.476
as now law or hereafter amended.
(6) Records of disciplinary hearings shall be maintained in the chief judicial affairs officer office and shall be available only during the course of the disciplinary hearings to the judicial board, the student, and his/her attorney, and any other college official designated by the chief judicial affairs officer. Copies of disciplinary findings may be sent and kept on file by college officials with a legitimate educational interest.
(7) Following the conclusion of the disciplinary hearing, access to records of the case and the hearing files will be limited to those designated by the college chief judicial affairs officer.
(8) Following final disposition of the case and any appeals therefrom, the president may direct the destruction of any records of any disciplinary hearings, provided that such destruction is in conformance with the requirements of chapter 40.14
RCW, as now law or hereafter amended.
(9) The time of the hearing may be advanced by the judicial board at the request of the student or continued for good cause.
(10) If at any time during the hearing a visitor disrupts the hearings, the chair of the judicial board may exclude that person from the hearing room.
(11) Any student of the college attending the disciplinary hearing who continues to disrupt the hearings after the presiding officer has asked him/her to cease or to leave the hearing room, shall be subject to disciplinary action.
(12) All testimony of parties and witnesses shall be made under oath or affirmation.
(13) Members of the judicial board must avoid ex parte (one-sided) communications with any party involved in the hearing regarding any issue other than communications necessary to maintaining an orderly procedural flow to the hearing. Ex parte communications received by members of the judicial board must be placed on the record, and the other party must be informed of the ex parte communication and given an opportunity to respond on the record.
[Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-150, filed 3/20/00, effective 4/20/00.]