(1) Upon the failure of any party to attend or participate in a hearing, the student conduct committee may either:
(a) Proceed with the hearing and issuance of its decision; or
(b) Serve a decision of default in accordance with RCW 34.05.440
(2) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.
(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449
. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476
, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190
(4) The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee.
(5) The student conduct officer, unless represented by an assistant attorney general, shall present the case for imposing disciplinary sanctions.
(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452
(7) In cases involving reports of sexual misconduct, the respondent and complainant shall not directly question or cross-examine one another. Attorneys for the respondent and complainant are also prohibited from directly questioning opposing parties absent express permission from the committee chair. Subject to this exception, all cross-examination questions by the respondent and complainant shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf. All cross-examination questions submitted to the chair in this manner shall be memorialized in writing and maintained as part of the hearing record.
[Statutory Authority: Chapter 34.05
RCW and RCW 28B.50.140
(13); P.L. 113-4, 20 U.S.C. § 1092(f); Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-320, filed 12/2/20, effective 1/2/21; WSR 19-01-082, § 132H-126-320, filed 12/17/18, effective 1/17/19.]