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172-121-100  <<  172-121-105 >>   172-121-110

PDFWAC 172-121-105

Conduct review proceedings.

(1) General provisions:
(a) Conduct review proceedings in which the potential sanction is less than suspension, expulsion, or do not involve allegations of felony level sexual misconduct are brief hearings in accordance with WAC 172-108-050(3). Conduct review proceedings in which the potential sanction is suspension, expulsion, or that involve allegations of felony level sexual misconduct are considered full hearings under the Administrative Procedure Act.
(b) Nonjudicial proceedings: Formal rules of process, procedure, and/or technical rules, such as are applied in criminal or civil courts, do not apply in student conduct code proceedings.
(2) Notification for student organizations: When a charge is directed towards a student organization, the conduct review officer (CRO) will communicate all matters relative to conduct review proceedings with the president of the organization or their designee.
(3) Advisors: The complainant and the respondent may be assisted by one advisor of their choice, subject to the following provisions:
(a) Any fees or expenses associated with the services of an advisor are the responsibility of the complainant or the respondent that employed the advisor;
(b) The advisor may be an attorney or any other person of the student's choosing;
(c) The advisor must provide the CRO with a FERPA release signed by the student they are assisting;
(d) If a complainant or the respondent is represented by an attorney, the attorney shall provide the CRO and other parties with the attorney's name, address, telephone number, and email address. The attorney must file a notice of appearance when hired to represent a person and a notice of withdrawal upon withdrawal of representation. A notice of appearance must be filed at least two business days prior to any conduct review proceeding.
(4) Review of evidence:
(a) In brief hearings, the respondent, and, in cases of sexual misconduct, the complainant may request to view material related to their case prior to a scheduled hearing by contacting the CRO. To facilitate this process, the party should contact the CRO as early as possible prior to the scheduled hearing. The CRO shall make a reasonable effort to support the request to the extent allowable by state and federal law.
(b) In council hearings, the parties may request to view material related to the case prior to the scheduled hearing by contacting the CRO. To facilitate this process, the party should contact the CRO as early as possible prior to the scheduled hearing. The CRO shall make a reasonable effort to support the request to the extent allowable by state and federal law.
(5) Continuances: Continuances, extensions of time, and adjournments may be ordered by the CRO. A party may file a timely request for a continuance if the party shows good cause for the continuance. A request for a continuance may be oral or written. Before granting a motion for a continuance, the CRO shall allow any other party to object to the request. The CRO will make a decision on the request and will communicate his/her decision in writing to the parties along with the reasons for granting or denying the request.
[Statutory Authority: RCW 28B.35.120(12). WSR 20-01-032, § 172-121-105, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-105, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-105, filed 8/9/17, effective 9/9/17; WSR 13-24-123, § 172-121-105, filed 12/4/13, effective 1/4/14.]
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