Student Rights & Responsibilities - Hearing of Appeals
Subject: ADMISSIONS PROCEDURE 431.04
STUDENT RIGHTS AND RESPONSIBILITIES: HEARING OF APPEALS
The Student Affairs Committee shall hear all cases in which a student has appealed the decision of or been referred by the Vice-President for Student Services. When notified of an appeal, the committee shall meet, shall select a chairperson, and shall establish a hearing date for the appeal not later than fourteen (14) instructional days from the date the appeal was filed with the Office of the Vice-President for Student Affairs.
The accused student has a right to a fair and impartial hearing. The student’s failure to appear or cooperate with hearing procedures shall not prevent the Student Affairs Committee from making its findings of fact, conclusions, and recommendations. Disciplinary hearings and related hearings do not follow the same procedures used in courtrooms, nor do they use the same rules of evidence as in civil or criminal trial.
1. 1. If any member of the Committee is unable to render a fair and impartial decision for any reason, including conflict of
interest or conscience, that member shall excuse him/herself from sitting for that case.
2. The student and the Vice-President for Student Services shall receive written notification of the time and place of the hearing. Such notice, to be provided not less than seven (7) instructional days in advance of the hearing, shall include:
a) A statement of the time, place, and nature of the hearing.
b) A statement of the specific charges which will be considered and reference(s) to relevant sections of Code of Student Conduct.
c) To the extent known, a list of the witnesses who will appear, and a summary of the documentary or physical evidence which will be presented by the College.
3. 3. The student may request that a hearing date be advanced, or that the hearing be continued for good cause. The
Student Affairs Committee chair shall be authorized to alter the hearing date.
4. 4. The student shall be entitled to hear and examine the evidence against him/her and be informed of the identity of the
source. The student shall also be afforded reasonable access to the case file that will be retained by the Vice-
President for Student Services.
5. 5. It shall be the responsibility of the College to prove its case by a more-likely-than-not or preponderance of the
evidence.
2. 6. The student shall be entitled to representation by the advisor of his/her choice at the hearing that may or may not be
legal counsel. The student is responsible for presenting his/her own information, and therefore, advisors are not
permitted to speak or participate directly in any hearing. If the student elects to choose an attorney licensed to
practice in the state of Washington, the student shall notify the Office of the Vice-President for Student Services of
that choice at least five (5) instructional days prior to the hearing.
7. The student shall be allowed to present evidence in his/her own behalf and cross-examine witnesses testifying on
behalf of the College, as to the accuracy of their testimony.
a) Only the evidence presented at the hearing in the presence of the accused student (except where the student fails to attend after receipt of proper notice), will be considered in determining whether the accused student is responsible for violating the rules as charged. The Chair, with the consent of the Committee, shall exclude evidence which is irrelevant, immaterial, or unduly repetitive.
b) Hearsay evidence is admissible.
c) Evidence or testimony to be offered on behalf of the accused student as extenuation or mitigation shall be presented only after all of the substantive and factual evidence has been presented.
4. 8. The hearing shall be closed unless the student specifically requests an open hearing. In a closed hearing,
participants, excluding those who shall be admitted for the purpose of presenting evidence, shall be limited to:
Committee members and a single person chosen to record the proceedings; the student and advisor/counsel, and the
College official presenting the case and counsel. At any time during a closed or open hearing, should there be any
disruption of the proceeding, the Committee Chair may exclude from the hearing the person(s) causing the
disruption.
5. 9. In all disciplinary proceedings, a College official shall be appointed to present the case of the College against the
student accused of violating the rules of conduct. In cases in which the student elects to be represented by a licensed
attorney, the College may elect to have the College represented by an Assistant Attorney General.
10. An audio recording shall be made of any disciplinary hearing. In addition, the Committee Chair may select either a
Committee member or an additional person, who shall take notes during the hearing, and who shall be responsible
for preparing a record of the hearing. The record of the hearing shall consist of all documents presented, all evidence
received and considered, all testimony offered, a statement of matters officially noted, questions and offers of proof,
objections, and rulings made thereon and during the course of the hearing.
All records of College disciplinary proceedings shall be maintained in the Office of the Vice-President for Student Services during the disciplinary proceedings, and shall be available during that time only to the Student Affairs Committee, the student and his/her advisor, and other College officials designated by the Vice-President for Student Services. After the conclusion of the proceeding, access to all records of the proceeding will be limited by the Vice-President for Student Services.
At the conclusion of the hearing, the Student Affairs Committee shall meet in closed session to consider all information presented and shall decide by majority vote:
1. 1. That the College terminates proceedings and exonerates the student.
2. That the College imposes any of the disciplinary actions defined in Administrative Procedure #431.01.
Within seven (7) instructional days of the hearing’s conclusion, the Student Affairs Committee shall provide a written summary of its decision. The summary shall include findings of fact and recommendations for the final disposition of the matter at issue. The summary decision shall be delivered to the student personally or sent by registered or certified mail to the most recent address in the student’s record on file with the College. A copy of the Student Affairs Committee’s decision will be filed in the Office of the Vice-President for Student Services. The student will be advised of his/her right to present within ten (10) instructional days a written statement to the President of the College appealing the recommendation(s) of the Committee.
Any disciplinary action taken by the Student Affairs Committee is final unless the student exercises the right of appeal as provided for in Administrative Procedure #431.03.
Subject: ADMISSIONS PROCEDURE 431.05
STUDENT RIGHTS AND RESPONSIBILITIES: HEARING OF APPEALS
The Vice-President for Student Services or designee may summarily suspend a student if the Vice President or designee has cause to believe that the student violated a provision of this code and presents an imminent danger to him/herself, other persons on the College campus, or the educational process.
During summary suspension, the student shall not enter the College campus or any facility operated by the College other than to meet with the Vice-President for Student Services, his/her designee, or attend the hearing. Special permission may be granted by the Vice-President for Student Services for the student to enter campus to meet with faculty, staff, or students for the express purpose of hearing preparation.
Notice of summary suspension shall be provided in writing by personal service or certified mail and shall state:
1. 1. The reasons for the summary suspension.
2. 2. Reference to the provisions of the code alleged to have been violated and the sanctions that may be imposed.
3. 3. That the student charged must appear before the Vice-President for Student Services or designee for an initial
conduct hearing as defined in Administrative Procedure #431.02 at a time and place specified in the notice. Failure of
the student to attend or participate in a meeting with the discipline officer shall not limit the College’s ability to extend
or enforce a summary suspension.
The hearing shall be held as quickly as feasible after the notice of summary suspension.
During the hearing, the student will have the opportunity to show cause why his/her behavior does not constitute a danger to self, others, or the educational process. If the summary suspension is continued after this hearing, the student will have 48 hours to appeal the decision to the Student Affairs Committee.
Summary suspension does not preclude, supplant, or otherwise impede the normal disciplinary process as outlined in Administrative Procedure #431.02.