WAC 148-120-410   Emergency expulsion -- Prehearing and hearing process.  (1) If a request for a hearing within the required ten school business days is received pursuant to WAC 148-120-405, the school shall immediately schedule and give notice of a hearing to commence as soon as reasonably possible and in no case later than the third school business day after receipt of the request for hearing.

     (2) The student and his or her parent(s) or guardian(s) shall have the right to:

     (a) Inspect in advance of the hearing any documentary and other physical evidence which the school district intends to introduce at the hearing,

     (b) Be represented by legal counsel,

     (c) Question and confront witnesses, unless a school witness does not appear and the nonappearance of the witness is excused by the person(s) hearing the case based upon evidence of good reason for doing so submitted by the school. The evidence submitted by the school must at a minimum establish either:

     (i) That the school made a reasonable effort to produce the witness and is unable to do so; or,

     (ii) That it is not advisable for the student to appear due to an expectation and fear on the part of the responsible school official(s) or the student of retaliation against the student if he or she appears as a witness,

     (d) Present his or her explanation of the alleged misconduct, and

     (e) Make such relevant showings by way of witnesses and the introduction of documentary and other physical evidence as he or she desires.

     (3) The designee(s) of the school assigned to present the school's case and/or the assistant attorney general shall have the right to inspect in advance of the hearing any documentary and other physical evidence that the student and his or her parent(s) or guardian(s) intend to introduce at the hearing.

     (4) The person(s) hearing the case shall not be a witness and the guilt or innocence of the student shall be determined solely on the basis of the evidence presented at the hearing.

     (5) Either a tape-recorded or verbatim record of the hearing shall be made.

     (6) Within one school business day after the date upon which the hearing concludes, a decision as to whether or not the expulsion shall be continued shall be rendered, and the student's legal counsel or, if none, the student and his or her parent(s) or guardian(s) shall be notified thereof by depositing a certified letter in the United States mail. The decision shall set forth the findings of fact, the conclusions (including a conclusion as to whether or not the emergency situation giving rise to the emergency expulsion continues), and whether or not the emergency expulsion shall be continued or a lesser form of corrective action or punishment is to be imposed.

     (7) An emergency expulsion may be continued following the hearing on the basis that the emergency situation continues and/or as corrective action or punishment for the action(s) giving rise to the emergency expulsion in the first instance.



[Statutory Authority: RCW 72.40.023. 04-02-002, § 148-120-410, filed 12/24/03, effective 1/24/04.]