(1) Upon the failure of any party to attend or participate in a hearing, the student conduct council may either:
(a) Proceed with the hearing; or
(b) Serve an order of default in accordance with RCW 34.05.440
(2) Council hearings shall be closed to the public, unless all parties (including any complainant) agree on the record that all or parts of the proceeding may be open. The council chair shall determine any extent to which the hearing will be open. The chair may exclude from the hearing any person who disrupts the proceeding.
(3) The council advisor shall cause the hearing to be recorded pursuant to RCW 34.05.449
by a method the advisor selects. Other recording shall be permitted in accordance with WAC 10-08-190
. The advisor shall maintain the official record of the proceeding that is required by RCW 34.05.476
. Such record shall be made available upon request for inspection and copying by any party to the extent permitted by applicable laws.
(4) The council chair shall preside at the hearing and shall decide procedural questions that arise during the hearing, except as overridden by a majority vote of the council.
(5) The student conduct officer (or assistant attorney general) shall present the case for imposing disciplinary sanctions and shall bear the burden of establishing the alleged violations by a preponderance of the evidence.
(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452
(7) The respondent and a complainant in any proceeding involving sexual misconduct allegations shall not directly question or cross-examine one another. All questions shall be directed to the council chair, who will act as an intermediary and pose questions on behalf of the parties.
[Statutory Authority: RCW 28B.35.120
and chapter 34.05
RCW. WSR 15-24-054, § 106-125-080, filed 11/23/15, effective 12/24/15.]