PDFWAC 172-121-070

Conduct review officials.

(1) The director of SRR or designee shall:
(a) Serve as the primary point of contact for all matters relating to student conduct code violations and proceedings;
(b) Manage the proceedings as described in this chapter;
(c) Maintain all records of conduct review proceedings as described in WAC 172-121-080;
(d) Ensure complaints are promptly investigated and resolved as required by federal and state laws; and
(e) Review off-campus incidents of alleged misconduct and make determinations as to whether the conduct involved adversely affects the university community and/or the pursuit of its objectives and whether the conduct process should be initiated.
(2) Conduct review officer (CRO): The university president delegates to the vice president of student affairs the authority to designate one or more CRO(s). The director of SRR may be designated as a CRO. The CRO(s) shall preside over brief hearings, council hearings, and full conduct hearings under this chapter and shall serve as the decision maker in such cases unless a brief hearing is held before the student disciplinary council.
As the presiding officer, in full hearings the CRO has authority to:
(a) Determine the order of presentation of evidence;
(b) Administer oaths and affirmations;
(c) Issue subpoenas pursuant to RCW 34.05.446;
(d) Rule on procedural matters, objections, and motions;
(e) Rule on motions for summary judgment;
(f) Rule on offers of proof and receive relevant evidence;
(g) Pursuant to RCW 34.05.449(5), close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause;
(h) Question witnesses in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;
(i) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to each party's opportunity for cross-examination and rebuttal;
(j) Take official notice of facts pursuant to RCW 34.05.452(5);
(k) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;
(l) Permit or require oral argument or briefs and determine the time limits for submission thereof;
(m) Issue an order of default;
(n) Hold prehearing conferences; and
(o) Take any other action necessary and authorized by any applicable statute or rule.
(3) Student disciplinary council: All brief hearings are scheduled with a CRO unless one of the parties requests a brief hearing before the student disciplinary council. The council also serves as an appeal authority under WAC 172-121-130.
(a) Council pool: For each academic year, a pool of council members shall be established. All members of the council pool are appointed by the vice president for student affairs. Appointment of council pool members is as follows:
(i) Faculty and staff members are appointed for three-year terms. Student members are appointed for one-year terms;
(ii) Council chair: The director of SRR, or designee, shall serve as chair of council proceedings but will not have the right to vote, except in the case of a tie;
(iii) Vacancies: Council pool vacancies shall be filled as needed through appointment by the vice president for student affairs.
(b) Session council: When a student disciplinary council is needed for a brief hearing or an appeal, the director of SRR shall select available members from the council pool to serve as the session council. Each session council must include a quorum. A quorum is three voting members, which must include at least one student, one faculty/staff member, and one other member who could be a student or faculty/staff member.
(4) Investigator: In certain cases, the CRO may assign a complaint to an investigator to conduct an investigation. The investigator will provide a written investigative report to the CRO.
[Statutory Authority: RCW 28B.35.120(12). WSR 20-01-032, § 172-121-070, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW 28B.35.120(12) and 42.56.070. WSR 19-01-047, § 172-121-070, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28B.35.120(12). WSR 17-17-031, § 172-121-070, filed 8/9/17, effective 9/9/17; WSR 15-24-050, § 172-121-070, filed 11/23/15, effective 12/24/15; WSR 13-24-123, § 172-121-070, filed 12/4/13, effective 1/4/14; WSR 09-12-001, § 172-121-070, filed 5/20/09, effective 6/20/09.]