AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-080 Student conduct council — Hearing procedure. (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 re- cording shall be permitted in accordance with WAC 10-08-190. The advi- sor shall maintain the official record of the proceeding that is re- quired by RCW 34.05.476. Such record shall be made available upon re- quest 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 de- cide 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 preponder- ance of the evidence. (6) All testimony shall be given under oath or affirmation. Evi- dence shall be admitted or excluded in accordance with RCW 34.05.452. (7) The respondent and a complainant in any proceeding involving sexual misconduct or discriminatory harassment 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. The council chair may reframe questions as to form or exclude questions on the grounds of relevance or privilege. AMENDATORY SECTION (Amending WSR 15-24-054, filed 11/23/15, effective 12/24/15) WAC 106-125-085 Student conduct council — ((Recommended)) Initial decision. (1) At the conclusion of the hearing, the student conduct council shall permit the parties to make closing arguments in whatever form the council wishes to receive them. The council may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration. (2) Within ((twenty)) 20 days following the later of the conclu- sion of the hearing or the receipt of closing arguments, the student conduct council shall issue ((a recommended)) an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The ((recommended)) decision shall contain findings on relevant issues of fact, conclu- sions concerning which, if any, provisions of the student code were
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