WAC 132Z-115-150   Conflict resolution council procedural guidelines.  The chair of the conflict resolution council shall set the time, place and available seating capacity for a hearing.

     All proceedings of the conflict resolution council will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

     The conflict resolution council chairperson shall enforce general rules of procedures for conducting hearings consistent with these procedural guidelines.

     The student shall be given notice of the date, time and place of the hearing, the charges, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare a defense.

     The student or his/her representative shall be entitled to hear and examine the evidence against him or her and be informed of the identity of its sources; and shall be entitled to present evidence in his or her own behalf and question witnesses as to factual matters. The student shall be able to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

     Hearings conducted by the conflict resolution council may be held in closed session at the discretion of the council, although the student involved may request that the council allow the student to invite particular persons or requests an open hearing. If at any time during the conduct of the hearing persons allowed by the council to be invited are disruptive of the proceedings, the chairperson of the conflict resolution council may exclude such persons from the hearing room.

     Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged, but the student's past record of conduct may be taken into account in formulating the conflict resolution council's recommendation for disciplinary action.

     The failure of a student to cooperate with the hearing procedures, however, shall not preclude the conflict resolution council from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the conflict resolution council in recommending penalties.

     The student may be represented by counsel and/or accompanied by an advisor of his/her choice. If counsel is present for the student, the college may also have counsel present to assist the council.

     An adequate summary of the proceedings will be kept. As a minimum, such summary would include a tape recording of testimony. Such record will be available for inspections and copying in the office of the vice-president for student success during regular business hours, unless barred by state or federal law.

     The student will be provided with a copy of the findings of fact and the conclusions of the conflict resolution council.

     If the council's proceedings were to hear a student's appeal, the council's recommendation shall be forwarded to the president, along with findings of fact, conclusions of law and any commentary on witnesses' credibility.

     The president of the college or his/her designated representative, after reviewing the case, including the decision by the vice-president for student success, the report and recommendation of the conflict resolution council and any statement filed by the student, and the whole record before the conflict resolution council or such portions of it as are cited by the parties, shall either indicate his/her approval of the original decision by the vice-president for student success by sustaining the decision, shall give directions as to what other disciplinary action shall be taken by modifying the decision, or shall nullify previous sanctions imposed by reversing the decision. The president or designee shall then notify the vice-president for student success, the student, and the conflict resolution council. The president's decision shall be final.



[Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. 05-06-003, § 132Z-115-150, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. 00-20-037, § 132Z-115-150, filed 9/28/00, effective 10/29/00.]