Section 495B-120-180 - Discipline appeal procedureAny disciplinary action taken resulting from the student disciplinary committee's recommendations as described in WAC 495B-120-170 may be appealed following the process outlined below.
(1) The student may file an appeal using the appropriate forms. (An appointment must be made with the vice-president of student services or designee to obtain the necessary form and information.)(2) Appeals must be filed with the vice-president of student services or a designee.(3) Appeals must be filed within ten calendar days of the college giving notice of the disciplinary action. The date of notification shall be deemed to be the date the notice is mailed by the college to the student.(4) The vice-president of student services or a designee will monitor the appeal process.(5) The student will receive acknowledgment of the filing of a formal appeal. The student may withdraw the appeal at any point during the formal procedure. The vice-president of student services or a designee will notify all parties involved.(6) An appeal committee will be appointed annually by the college president and will consist of five individuals representing the various college constituencies. The committee will be made up of one administrator, two faculty members, and two support staff members. The complainant may request student representation on the committee. If requested, the president may select two students to substitute for a like number of existing members of the committee. Members of the committee will remove themselves from the process if they deem themselves biased or personally interested in the outcome of the appeal.(7) The committee will review the appeal and all other documentation related to the incident and the resulting discipline. They may request further investigation if facts warrant the need to do so. The vice-president of student services or a designee will serve as the investigating officer.(8) If an investigation is ordered, the investigating officer will: (a) Meet with the student and the staff member(s) who initiated the discipline;(b) Examine documentation and interview witnesses;(c) Consult with the appropriate vice-president or equivalent unit head and/or other appropriate administrator; and(d) Prepare a written investigative report.(9) After a full review, the committee's decision will be limited to one of the following statements: (a) "Based on the evidence presented to us, we find probable cause for believing that an improper or unfair disciplinary decision or act has been committed"; or(b) "Based on the evidence presented, we find no probable cause for believing that an improper or unfair disciplinary decision or act has been committed." The committee will make its report in writing to the vice-president of student services or a designee. The deliberations of the committee will not be disclosed to anyone except the vice-president of student services or a designee who will hold them confidential.
(10) If no probable cause is found, the matter will be considered concluded. However, the student may submit a written appeal to the president within ten calendar days from the date the decision is made. The appeal must specify in detail what findings, recommendations, or other aspects of the decision were not acceptable. The appeal should also include what corrective action the student desires after consideration of the appeal by the president. The president may uphold the decision of the committee, and at that point no further appeals within the college will be considered. Or, the president may instruct the committee to go forward with an appeal hearing.(11) If probable cause is found, a hearing will be held.(a) The committee will select a chair. The chair of the committee will establish a date for the hearing. A notice establishing the date, time, and place of the hearing will be provided to all involved parties.(b) The hearing will be held within thirty calendar days from the time of the hearing notice. The date of notification shall be deemed to be the date the notice is mailed by the college to the student.(c) The student will have the privilege to challenge one member of the committee without cause (stated reason). Unlimited challenges may be issued if it is felt that a member of the committee is biased. In the case of a challenge for bias, a majority of the committee members must be satisfied that a challenged member cannot hear the case impartially before the member can be disqualified. In the case of removal of a member through the challenge process, the president will restore the committee to full membership.(d) The hearing will be conducted as expeditiously as possible and on successive days, if possible.(e) The student and any others the committee deems necessary to the proceedings will make themselves available to appear at the proceeding unless the individual can verify to the committee that their absence is unavoidable.(f) The student will be permitted to have with him/her a party of his/her own choosing to act as advisor and counsel. The hearing may be monitored by the assistant attorney general assigned to the college.(g) The hearing will be closed to all except those persons directly involved in the case as determined by the committee. Statements, testimony, and all other evidence given at the hearing will be confidential and will not be released to anyone and may be used by the committee only for the purpose of making its findings and recommendations to the president.(h) The chair of the committee will convene and regulate the proceeding. The student, identified staff, and the members of the hearing panel must be present during the proceeding unless excused by the chair for good cause. Repeated failure, without reasonable explanation, of either the student or identified staff to appear will be grounds for defaulting that party's case. The student will have the burden of presenting the case and staff will have the burden of challenging the evidence presented. (i) All parties will have the opportunity to present evidence, respond to evidence presented, and examine and cross examine witnesses.(ii) The hearing committee will be empowered to examine witnesses and receive evidence; exclude any person(s) felt to be unreasonably disruptive of the proceedings; hold conferences for the settlement of the issues involved; make decisions or proposals for decisions; and take any other actions authorized by the rule consistent with this procedure.(iii) No individual will be compelled to divulge information in any form that he/she could not be compelled to divulge in or in connection with court proceedings.(i) Any legal opinion or interpretation given to the committee by the parties may be shared with all parties to the case.(j) The committee will file its findings and recommendations with the president, the vice-president of student services, the student, and involved staff after the conclusion of the hearing. If the findings and recommendations of the committee are acceptable to the student, the president may direct implementation of the recommendations.(12) If the student objects to the findings and recommendations and wishes to appeal, a written appeal may be submitted to the president within ten calendar days from the date the finding is issued. The appeal must specify in detail the findings, recommendations, or other aspects of the report or decision that are not acceptable. The appeal should also include what corrective action the student desires after consideration of the appeal by the president.(13) After considering an appeal, the president will issue a written decision to the parties involved. The decision of the president will be final and no further appeals within the college will be considered.Wash. Admin. Code § 495B-120-180
Statutory Authority: RCW 28B.50.130. 11-04-016, § 495B-120-180, filed 1/21/11, effective 2/21/11. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-120-180, filed 2/10/93, effective 3/13/93.