|(1)||The faculty appeal board shall conduct
a formal hearing when exceptional circumstances exist and the student has requested
in writing a formal hearing. Additionally, the faculty appeal board may conduct a
formal hearing in other circumstances as the board deems appropriate.
|(2)||Within thirty days after receipt of a
written petition for a formal hearing before the faculty appeal board, the board
shall notify the requesting party of any obvious errors or omissions in the party's
petition, request any additional information the board wishes to obtain and is
permitted by law to require, and notify the requesting party of the name, mailing
address, and telephone number of an office or person who may be contacted regarding
the formal hearing.
|(3)||Within ninety days after receipt of a
written petition for formal hearing or within ninety days after the party's response
to a timely request from the board as provided in subsection (1) of this section,
the board shall either deny the formal hearing or commence the formal
|(4)||Once the board decides to conduct a
formal hearing, the chair of the faculty appeal board shall schedule the time
and place of the hearing and give not less than seven days advance written notice
of the hearing to all parties. That notice shall include:
|(a)||The names and addresses of all parties to whom
notice is being given, and if known, the names and addresses of their
|(b)||The name, business address, and telephone number of
the person designated to represent the university at the hearing;
|(c)||The official file number and name of the
|(d)||The name, mailing address, and telephone number of
the chair of the faculty appeal board;
|(e)||A statement of the time, place, and nature of the
|(f)||A statement of the legal authority and jurisdiction
under which the hearing is to be held;
|(g)||A reference to the particular sections of university
rules that are involved;
|(h)||A short and plain statement of the charges against
the student; and
|(i)||A statement that a student who fails to
attend the hearing or otherwise respond to this notice may lose his or her right to
a formal hearing.
|(5)||If a student fails to attend or participate
in a formal hearing, the faculty appeal board may serve upon all parties a default or
other dispositive order which shall include a statement of the grounds for the order.
Within seven days after service of a default order, the student may file a written
motion requesting that the order be vacated, and stating the grounds relied
|(6)||The student may be represented by counsel
and/or be accompanied by an advisor of the student's choice. No student shall be
compelled to give self-incriminating evidence.
|(7)||The chair shall determine whether
discovery is to be available, and, if so, which forms of discovery may be used.
The chair may condition the use of discovery procedures on a showing of necessity
and unavailability by other means. In exercising such discretion, the chair shall
|(a)||Whether all parties are represented
|(b)||Whether undue expense or delay in bringing the case to
a hearing will result;
|(c)||Whether the use of discovery will promote the
orderly and prompt conduct of the proceeding; and
|(d)||Whether the interests of justice will be
|The chair may decide whether to permit
the taking of depositions, the requesting of admissions, or any other procedures
authorized by rules 26 through 37 of the superior court rules.
|(8)||At appropriate stages of the hearing,
the chair may give all parties an opportunity to submit and respond to briefs,
proposed findings of fact and conclusions of law, and proposed initial or final
orders. To the extent necessary for a full disclosure of all relevant facts and
issues, the chair shall afford both parties the opportunity to respond, present
evidence and argument, conduct cross-examination, and submit rebuttal evidence. A
party filing a pleading, brief, or other paper with the chair shall serve copies
on all other parties.
|(9)||Evidence, including hearsay evidence,
is admissible if it is the kind of evidence on which reasonably prudent persons
are accustomed to rely in the conduct of their affairs. Evidence is not admissible
if it is excludable on constitutional or statutory grounds or on the basis of
evidentiary privilege recognized in the courts of this state. The chair shall
decide rulings on the admissibility of evidence, and the Washington rules of
evidence shall serve as guidelines for those rulings.
|(10)||All testimony of parties and witnesses
shall be made under oath or affirmation.
|(11)||The faculty appeal board may appoint an
examiner to conduct the actual hearing. The decision to use a hearing examiner
requires the approval of a majority of the board members. The hearing examiner will
then conduct the hearing and submit a detailed report to the faculty appeal board
according to the provisions of this section.
|(a)||If a hearing examiner conducts the hearing, an audio
recording of the hearing must be kept, and the recording and any transcription
thereof must be provided to the board.
|(b)||The faculty appeal board may, at its option,
request the hearing examiner to provide recommendations as to findings,
conclusions, and decisions, but those recommendations shall not be binding
on the board. The hearing examiner shall transmit to the board the full and
complete record of the hearing and the board shall make its own findings,
conclusions, and decisions based on the record.
|(c)||The hearing examiner will make initial rulings
on the use of discovery, the admissibility of evidence, and the procedures for
|(d)||The hearing examiner must be a member of the bar.
Any member of the faculty appeal board who is also a member of the bar, including
the chair, may serve as the hearing examiner.
|(12)||The chair of the faculty appeal board
may issue subpoenas and enter protective orders.
|(13)||Members of the faculty appeal board
must avoid ex parte communications with any party involved in the hearing regarding
any issue other than communications necessary to maintaining an orderly procedural
flow to the hearing. Ex parte communications received by members of the board must
be placed on the record, and the other party must be informed of the ex parte
communication and given an opportunity to respond on the record.
|(14)||Findings, conclusions, and decisions by
the faculty appeal board shall be based exclusively on the evidence of record from
the hearing and on matters officially noted in the record.
|(15)||The board shall enter an initial order
which shall be served in writing on the student within ninety days after conclusion
of the hearing or after submission of memos, briefs, or proposed findings, whichever
is later, unless the period is waived or extended for good cause shown. The student
shall be informed of procedures for appealing the decision. If the student does not
appeal the board's initial order within the time set out in
WAC 478-120-075 (1), the initial order of the board shall become
the final order, except all orders of dismissal shall be reviewed by the president
or the president's delegate.
|(16)||The chair shall maintain an official record of the hearing. The record shall contain those items specified in RCW 34.05.476.|
[Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 96-10-051, § 478-120-115, filed 4/29/96, effective 5/30/96.]