PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-22-084.
Title of Rule: Appointing authority, board of trustees rules and regulations, rules of procedure for contested case hearing/administrative disputes, and student policies and procedures (chapters 132F-01, 132F-104, 132F-108, and 132F-120 WAC).
Rule chapters being amended or added are (to be) entitled Appointing authority, chapter 132F-01 WAC; Board of trustees, chapter 132F-104 WAC (amended title); Procedures for adjudicative proceedings, chapter 132F-108 WAC (amended title); and Student activities, rights and discipline, new chapter 132F-121 WAC. The subjects and purposes of the rules are as stated in these titles and elsewhere herein. The current chapter 132F-120 WAC, Seattle Community College student policies and procedures, is being replaced.
Statutory Authority for Adoption: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140.
Statute Being Implemented: RCW 28B.50.100 [28B.50].130, and/or [28B.50].140.
Summary: Updates and clarifies administrative rules on appointing authority for employees, board of trustees meetings and procedures, procedures for adjudicative proceedings, and student activities, rights, and discipline.
Reasons Supporting Proposal: Rules need to be updated to meet current circumstances, needs, and legal requirements.
Name of Agency Personnel Responsible for Drafting: Various; primary drafter, Assistant Attorney General, Jim Tuttle, 2000 Bank of California Building, 900 Fourth Avenue, Seattle, (206) 389-2051; Implementation and Enforcement: At the district level, under authority and through appointees of the Chancellor, 1500 Harvard, Seattle, (206) 587-4100; at the college level, under authority and through appointees of each president: Seattle Central Community College, 1701 Broadway, Seattle, (206) 587-3800; North Seattle Community College, 9600 College Way North, Seattle, (206) 527-3600; and South Seattle Community College, 6000 16th Avenue S.W., Seattle, (206) 764-5300.
Name of Proponent: Internal -- Seattle Community College District, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amendments are intended to update existing rules, and "student" chapter is replaced with a new one:
• Appointing authority (chapter 132F-01 WAC): Clarifies delegation of appointing authority for district employees. Repeals unnecessary section on written employment contracts.
• Board of trustees (chapter 132F-104 WAC): Clarifies and revises details related to board meetings, and repeals eleven unnecessary sections.
• Procedures for adjudicative proceedings (chapter 132F-108 WAC): Clarifies and revises hearing procedures.
• Student activities, rights and discipline (new chapter 132F-121 WAC): Clarifies and revises provisions regarding student activities and student rights and discipline (including the processing of complaints by students and disciplinary actions against students). Seeks to ensure consistency with state law, especially the Administrative Procedure Act.
Anticipated effects are more efficient and/or fairer administration in these areas.
Proposal Changes the Following Existing Rules: Changes are numerous. These include, without limitation:
Chapter 132F-01 WAC:
• Clarification of appointing authority for employees (WAC 132F-01-010);
• Deletion of unnecessary procedural rule on employee contracts.
Chapter 132F-104 WAC:
• Changes regarding date, etc., of regular board meetings (WAC 132F-104-010);
• Provision for special meetings (WAC 132F-104-020);
• Provision for submission of items for board consideration (WAC 132F-104-810);
• Deletion of eleven unnecessary rules regarding internal procedures, including: Meeting locations (WAC 132F-104-030), operational policies (WAC 132F-104-801), review of agenda items (WAC 132F-104-811), deadlines (WAC 132F-104-812), submission routes (WAC 132F-104-813), informational materials (WAC 132F-104-814), distribution list (WAC 132F-104-815), advance mailings (WAC 132F-104-816), old business (WAC 132F-104-817), new business (WAC 132F-104-818), notification to board office (WAC 132F-104-819).
Chapter 132F-108 WAC:
• Clarifying appointment of presiding officers (WAC 132F-108-020);
• Adding more flexibility regarding use of brief adjudicative procedures and removing them as default in student conduct proceedings (WAC 132F-108-050);
• Adding more flexibility regarding when proceeding must be open (WAC 132F-108-070);
• Clarifying procedure for closing hearings (WAC 132F-108-080);
• Clarifying handling of matters in absence of chancellor or president (WAC 132F-108-120);
• Minor editorial changes (WAC 132F-108-100, 132F-108-130, and 132F-108-140).
Chapter 132F-120 WAC:
• Repealing chapter (to be replaced by new chapter 132F-121 WAC, Student activities, rights and discipline).
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required, by RCW 19.85.030 or otherwise.
RCW 34.05.328 does not apply to this rule adoption. These rules are not described in RCW 34.05.328 (5)(a).
Hearing Location: Seattle Community College District, District Office, Board Room, 1st Floor, 1500 Harvard Avenue, Seattle, WA 98122-3803, on April 23, 2003, at 3:30 p.m.
Assistance for Persons with Disabilities: Contact Grace Estrella by April 15, 2003, TDD (206) 587-4155 or (206) 587-3877.
Submit Written Comments to: Cynthia Felice, Seattle Community Colleges, 1500 Harvard Avenue, Seattle, WA 98122-3803, fax (206) 587-3894, by April 23, 2003.
Date of Intended Adoption: June 12, 2003.
February 28, 2003
Carin Weiss
Rules Coordinator
(2) The board of trustees of Community College District VI delegates to the district president (or any acting district president or interim district president) the appointing authority for the campus presidents and the district office personnel.
(3) The president of Community College District VI designates, and the board of trustees delegates to the campus presidents (or any acting campus president or interim campus president) the appointing authority for their respective campuses.
(4) The chancellor or a campus president may designate another person to act as the respective appointing authority in his or her absence.
[Statutory Authority: Chapter 28B.50 RCW. 83-13-058 (Order 41, Resolution No. 1983-16), § 132F-01-010, filed 6/15/83.]
The following section of the Washington Administrative Code is repealed:
| WAC 132F-01-020 | Written contracts. |
[Statutory Authority: Chapter 28B.50 RCW. 87-19-122 (Order 50, Resolution No. 1987-24), § 132F-104-010, filed 9/21/87; 85-21-016 (Order 48, Resolution No. 1985-20), § 132F-104-010, filed 10/7/85; Order 27, § 132F-104-010, filed 10/10/75; Order 20, § 132F-104-010, filed 6/6/75; Order 6, § 132F-104-010, filed 12/12/72.]
[Statutory Authority: Chapter 28B.50 RCW. 85-21-016 (Order 48, Resolution No. 1985-20), § 132F-104-020, filed 10/7/85; Order 30, § 132F-104-020, filed 6/11/76; Order 27, § 132F-104-020, filed 10/10/75; Order 20, § 132F-104-020, filed 6/6/75.]
[Statutory Authority: RCW 28B.50.140. 81-14-073 (Order 40), § 132F-104-810, filed 7/1/81; Order 14, § 132F-104-810, filed 5/22/73.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 132F-104-030 | Location of meeting. |
| WAC 132F-104-801 | Board operational policies relative to meetings. |
| WAC 132F-104-811 | Review of agenda items. |
| WAC 132F-104-812 | Deadlines. |
| WAC 132F-104-813 | Submission routes. |
| WAC 132F-104-814 | Informational materials. |
| WAC 132F-104-815 | Board distribution list. |
| WAC 132F-104-816 | Advance mailings for special meetings. |
| WAC 132F-104-817 | Old business. |
| WAC 132F-104-818 | New business. |
| WAC 132F-104-819 | Notification to board office. |
((RULES OF)) PROCEDURES FOR ((CONTESTED CASE
HEARING/ADMINISTRATIVE DISPUTES)) ADJUDICATIVE PROCEEDINGS
AMENDATORY SECTION(Amending WSR 94-18-070, filed 9/1/94)
WAC 132F-108-020
Appointment of presiding officers.
The
district president/chancellor or president of one of the
district's institutions, or a designee of either, shall
designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge,
((or a)) member in good standing of the Washington State Bar
Association, ((or)) a panel of individuals, the district
president/chancellor or his or her designee, or any
combination of the above. When more than one individual is
designated to be the presiding officer, one such person shall
be designated ((by the district president/chancellor's or
designee)) to make decisions concerning discovery, closure,
means of recording adjudicative proceedings, and similar
matters. These designations may also be made by separate
rule.
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-020, filed 9/1/94, effective 10/2/94.]
(1) Parking violations.
(((2) Student conduct proceedings.))
(((3))) (2) Outstanding debts owed by students or
employees.
(((4))) (3) Use of college facilities.
(((5))) (4) Residency determinations.
(((6))) (5) Use of library -- fines.
(((7))) (6) Challenges to contents of education records.
(((8))) (7) Loss of eligibility for participation in
institution sponsored athletic events.
Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-050, filed 9/1/94, effective 10/2/94.]
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-070, filed 9/1/94, effective 10/2/94.]
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-080, filed 9/1/94, effective 10/2/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 94-18-070, filed 9/1/94)
WAC 132F-108-100
Petitions for stay of effectiveness.
Disposition of a petition for stay of effectiveness of a final
order shall be made by the official, officer, or body of
officers((,)) who entered the final order.
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-100, filed 9/1/94, effective 10/2/94.]
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-120, filed 9/1/94, effective 10/2/94.]
(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.
(2) Attorneys at law duly qualified and entitled to
practice before the highest court of record of any other
state, if ((the)) attorneys at law of the state of Washington
are permitted to appear in a representative capacity before
administrative agencies of such other state, and if not
otherwise prohibited by our state law.
(3) Persons otherwise qualified as possessing the requisite skill to appear and expertly represent others who have applied to the agency and have been duly authorized by the agency to appear in a representative capacity before the agency.
(4) A bona fide officer, partner, or full-time employee of an individual firm, association, partnership, or corporation who appears for such individual firm, association, partnership or corporation.
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-130, filed 9/1/94, effective 10/2/94. Formerly WAC 132F-08-010.]
[Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-140, filed 9/1/94, effective 10/2/94. Formerly WAC 132F-08-440.]
| Chapter 132F-120 WAC | Seattle community college student policies and procedures. |
STUDENT ACTIVITIES, RIGHTS AND DISCIPLINE
NEW SECTION
WAC 132F-121-010
Definitions and general provisions.
For purposes of this chapter:
(1) The terms "college" and "campus" are used interchangeably, and each refers to any of the district's three colleges, North Seattle Community College, Seattle Central Community College, and South Seattle Community College. The Seattle Vocational Institute is considered to be part of Seattle Central Community College.
(2) "Day" means calendar day, unless specified otherwise, and deadlines shall be computed in accordance with WAC 10-08-080.
(3) "District" means the sixth state college district, the district administrative offices (Siegal Center), North Seattle Community College, Seattle Central Community College, South Seattle Community College, the Seattle Vocational Institute, and/or every other District VI educational facility, each separately and all together.
(4) "District community" includes, but is not limited to, the district itself and all enrolled students, employees, officers, and invitees of the district.
(5) "District property" includes all real property, buildings, and other facilities that are owned, leased, or controlled by the district or by the state for district purposes.
(6) "Vice-president for student services" means the person whom a college president has appointed to that position or has otherwise designated to perform the functions ascribed to that position in this chapter.
(7) An action or activity that may be authorized or taken by the district chancellor, a vice chancellor, a campus president, or a campus vice-president may also be authorized or taken by any other person whom that officer has specifically designated to perform that function on his/her behalf, but this officer retains responsibility for the function.
(8) After the adoption of these rules, if a statute or rule to which they refer is re-numbered or otherwise amended, these rules shall be interpreted to the fullest extent possible to incorporate such amendment while still giving effect to their original purposes.
(9) Service of any document, notice, or copy under this chapter shall be made (a) by personal delivery, (b) by mailing to the recipient's last known address, which service shall be regarded as complete upon deposit in the U.S. mail properly stamped and addressed, or (c) as otherwise authorized by law or rule.
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(2) Classroom freedom of expression. The district recognizes the rights of students to freedom of discussion and free expression of views. However, students' rights of classroom expression do not include expression of racist, sexist, homophobic, and other views which create a hostile work environment under Chapter 49.60 RCW or other applicable law. It is the responsibility of the instructor to insure and encourage the realization not only of the fact but of the spirit of free inquiry. Instructors have the responsibility to maintain order, but this authority shall not be used to inhibit the expression of views contrary to their own. Students have the right to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they cannot do so in a disruptive manner that interferes with the educational process. Students are responsible for learning the content of any course of study for which they are enrolled. It also is the responsibility of the student to comply with the instructor's efforts to assure freedom of expression and to maintain order.
(3) Protection against improper evaluation. Instructors shall give their students fair and consistent evaluations of the students' course performance. Toward this end, instructors are also responsible for establishing appropriate standards of academic performance for each course. Fair and consistent grading is a legitimate classroom experience.
(4) Protection against improper disclosure. Information about student views, beliefs, and political associations which is acquired by instructors in the course of their work as faculty or advisors, under circumstances which clearly indicate that it is intended to be confidential, shall be treated as confidential and shall not be disclosed to others, unless it relates to the apparent or intended commission of a crime or disclosure is required by law. Protection against improper disclosure of student education record information is a serious professional obligation incurred by the teaching profession and district administrators. However, evaluations of student ability and character may be provided to third parties with the student's consent or in accordance with applicable law.
(5) Nonacademic expression and inquiry. Students and student organizations are free to examine and to discuss all questions of interest to them and to express opinions publicly and privately, in accordance with law. They are free to support causes by orderly means which do not disrupt the operation of the institution and which comply with the district's policies regarding these activities.
(6) The district shall respect students' right to privacy. It will not inquire into the off-campus activities of its students without legal justification.
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(2) The campuses may require and review membership lists of any student organization. They also may require, as a condition of access to campus funds and facilities, demonstration or proof of members' student enrollments. However, a college may, in its discretion, permit others, such as students' spouses, to participate in a student organization's activities under appropriate conditions.
(3) Each year, before a student organization may be recognized or function as such, or may use services and activities funds, a college employee must agree to serve as its advisor and his/her name must be provided to and approved by the vice-president for student services. No campus employee may serve as the advisor for more than two student organizations at the same time.
(4) Where funds are allocated to a student organization, financial accountability is required. Student organizations' funds shall be maintained at the college, in college accounts. The organizations shall keep detailed written records of their income and expenditures and shall assure that these can be reconciled with the campus budget and accounting system. Student organizations' financial records must be made available upon request to the student government organization and to any administrative officer designated by the college president.
(5) A college president may withdraw a student organization's recognition and funding for good cause. Such cause shall include, but not be limited to, (a) failure to comply with this rule or other district requirements or (b) hazing.
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(2) Each campus president shall establish a board of publications composed of representatives of students, faculty, and staff. This board shall serve as the publisher of all student publications and shall have general authority over them.
(3) The board of publications may adopt, subject to modification by the campus president, such journalistic, editorial, and advertising guidelines as it deems appropriate to govern student publications. Unless specifically stated by the board and approved by the campus president otherwise, these guidelines shall be deemed to include all applicable federal and state laws, all district rules, policies and procedures, and relevant codes of journalistic, editorial and advertising ethics and practices as adopted by national trade and professional organizations, including but not limited to the Statement of Principles as adopted by the American Society of Newspaper Editors.
(4) Student newspapers shall be free of censorship. However, student newspapers and other student publications shall follow the board's guidelines as described above. Student editors shall be free to develop their own editorial policies within these guidelines.
(5) Staff members of student newspapers shall not be subject to arbitrary discipline or dismissal because of student, faculty, administrative or community disapproval of editorial policy or content.
(6) Good cause for discipline or dismissal of a student publication staff member shall include, but not be limited to, violation of the board's guidelines. Any discipline or dismissal of a student staff member shall be subject to review under the student complaint procedure.
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(2) No individual student, student group or student organization shall falsely indicate or represent that his, her, or its own position on any policy or issue is that of the district or of any campus.
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(2) For the purposes of this chapter, a "complaint" is a good faith claim, based on personal knowledge, that the respondent employee or student (a) has violated a specific legal or district requirement or has otherwise acted without reasonable care (b) on district property or during an event or activity that the district conducts, participates in, or sponsors, (c) in a manner that had or has a significant detrimental effect on the complainant. However, an objection to disciplinary action under the student conduct code is only appealable under that code, and cannot constitute a complaint.
(3) Each college president shall appoint a complaints officer to handle student complaints. This position shall be filled by an employee whose position is below the level of vice-president. The district chancellor shall designate a complaints officer to handle complaints against Siegal Center employees. If the president or chancellor determines, upon request, that the complaints officer has a disqualifying personal interest in a particular matter, s/he may appoint a substitute complaints officer for that matter.
(4) The complaints officer shall be responsible for taking appropriate actions to try to resolve complaints. Information on the identity and location of the complaints officer(s) and about this procedure shall be readily available within each college.
(5) A complaint may be initiated under either the informal process or the formal process, as set forth below.
(6) No respondent or district employee shall take adverse action or otherwise retaliate against a student because that student initiated a complaint or assisted another student with a complaint.
(7) If more than one type of complaint or more than one respondent is included in one complaint, the complaints officer may, upon request, provide for appropriate modification(s) of these procedures.
(8) If a respondent employee is unavailable, or otherwise fails or refuses to participate timely in a complaint proceeding, the respondent's supervisor may, upon request and in her/his discretion, act or designate another person to act in the complaint proceeding on that employee's behalf. However, no action by a substitute may subject the respondent employee to discipline.
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(2) A student who has a complaint is encouraged to discuss the matter directly with the respondent to attempt to resolve it.
(3) If the complainant believes that discussion with an employee respondent will not achieve or has not achieved a satisfactory result, the complainant may communicate about the matter with the respondent's supervisor, if any. If the complainant identifies the matter as a complaint under this procedure, the supervisor shall, within the earlier of five days following that communication or any deadline established in an applicable collective bargaining agreement, appropriately notify the respondent of the complaint. The supervisor also shall, within the earlier of fifteen days following that communication or any deadline established in an applicable agreement, meet or attempt to meet with the respondent and otherwise attempt to resolve the complaint.
(4) Any participant in the informal process may request the complaint officer's assistance in obtaining a resolution.
(5) This informal process shall be deemed to be terminated if the complainant files a timely formal complaint related to the same matter.
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(2) To be considered under this formal process, a complaint must be filed with the complaints officer in writing within ninety days of when the complainant knew or reasonably should have known that he/she had cause for a complaint, except as otherwise provided in WAC 132F-121-090 for a grade complaint. The written complaint shall be designated as a complaint under these rules and shall fully specify the facts and other grounds on which it is based. The complainant should attach copies of relevant supporting documents when feasible.
(3) Upon receipt of the complaint, the complaints officer shall determine whether it qualifies as such. If the officer determines that it does not qualify as a complaint, she/he shall serve notice to that effect on the complainant within five days. The complainant may obtain review of that notice of complaint disqualification by filing a written request with the complaints officer under subsection (7) below.
(4) If the complaints officer determines that the complaint does qualify as such, that officer shall serve copies of the complaint and any supporting documentation on the respondent and the respondent's supervisor (if any) within five days. After service of such a copy of the complaint, the respondent shall serve a written response on the complaints officer, and a copy thereof on the respondent's supervisor (if any), within fifteen days.
(5) Within five days of service of that response, or, absent a response, within five days of when one was due, the complaints officer shall serve on the complainant either the response or a statement that none has been received, together with notice of the complainant's rights under the following subsection.
(6) Within five days of this service, if the complainant finds that the response or nonresponse is unsatisfactory she/he may serve written notice of such dissatisfaction on the complaints officer. Within five days of service of such notice, the complaints officer shall schedule a conference and invite the complainant, the respondent, and the respondent's supervisor (if any). This conference shall be held within fifteen days of service of the complainant's notice, or as soon thereafter as feasible. During this conference the complaints officer shall try to facilitate resolution. The complaints officer shall produce a written statement summarizing this conference and serve copies on each of the invited attendees within ten days after the conference.
(7) Within five days after service of either a notice of complaint disqualification or a conference summary, the complainant may obtain review thereof by filing a written request for such review with the complaints officer. Within five days of receiving this request for review, the complaints officer shall forward it, together with the complaint and other relevant documents, either to the vice-president of instruction (if the officer determines that the complaint is predominantly an instructional matter) or to the vice-president for student services (if the officer determines that the complaint is predominantly noninstructional in nature). If the respondent is a Siegal Center employee, the complaints officer shall forward the matter to a vice chancellor.
(8) This reviewing administrator shall review the complaint and documentation, and may also interview knowledgeable persons as appropriate. The administrator should render a written decision within fifteen days after receiving the complaint and documents, or as soon thereafter as feasible. The administrator may accept, reject, or modify any of the previous action(s) in the matter, and/or take other action(s). This decision shall be in writing and shall be served on the complainant, respondent, and others deemed appropriate.
(9) This decision of the reviewing administrator shall be the final decision of the district on that complaint.
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(2) A student may formally grieve only the final grade received in a course, but that complaint may include any or all of the components of that final grade. For a grade complaint, the respondent(s) shall be, or include, the instructor who issued the grade.
(3) Instead of the deadline in WAC 132F-121-080, a formal complaint regarding a grade must be filed not later than the last day of the quarter which follows the quarter for which the disputed grade was received, except that a complaint regarding a spring quarter grade may be filed through the last day of the following fall quarter.
(4) In specifying the facts and other grounds on which it is based, the formal complaint shall specify the grade that is being challenged and should attach copies of relevant documents. The response on behalf of the respondent shall include, to the extent feasible, the applicable evaluation criteria, copies of the course syllabus and relevant grading records, and the faculty member's explanation for the grade.
(5) Ordinarily the evaluation of course mastery is exclusively within the province of the instructor of a particular course, and so a grade change may be initiated only by that instructor. However, if a formal grade complaint is ultimately reviewed by the vice-president of instruction, and she/he finds that the grade was issued for an improper reason or was arbitrary and capricious or otherwise unlawful, that vice-president may change the grade in the records of the college.
(6) Nothing in these rules shall be construed to limit the separate authority of the vice-president of instruction to change a grade when required by a judicial order or a legal settlement agreement entered into by the district, regardless of whether a complaint has been filed.
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(2) This student conduct code applies to every person who is enrolled as a student in the district.
(3) Expectations of students. Admission to the district presumes that students will conduct themselves as responsible members of the district community. When students enroll in any of the colleges or facilities operated by the district, they assume the obligation to observe standards of conduct which are appropriate to the pursuit of their educational goals.
(4) Student responsibility. Students have the obligations to:
(a) Maintain high standards of academic and personal honesty and integrity;
(b) Respect the rights of others and cooperate with all parts of the district community to insure that such rights are guaranteed, whether or not the views of those exercising such rights are consistent with their own;
(c) Refrain from actions which would interfere with campus functions or endanger the health, safety, welfare or property of others;
(d) Comply with district rules and regulations; and
(e) Comply with duly constituted civil authority, and obey all applicable laws.
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(1) Any act of course-related dishonesty, including but not limited to cheating or plagiarism.
(a) Cheating includes, but is not limited to, using, or attempting to use, any material, assistance, or source which has not been authorized by the instructor to satisfy any expectation or requirement in an instructional course, or obtaining, without authorization, test questions or answers or other academic material that belong to another.
(b) Plagiarism includes, but is not limited to, using another person's ideas, words, or other work in an instructional course without properly crediting that person.
(c) Academic dishonesty also includes, but is not limited to, submitting in an instructional course either information that is known to be false (while concealing that falsity) or work that is substantially the same as that previously submitted in another course (without the current instructor's approval).
(2) Any other act of college-related dishonesty. Such acts include, but are not limited to:
(a) Forgery, alteration, or misuse of any district document, record, or instrument of identification;
(b) Tampering with an election conducted by or for district students; or
(c) Furnishing false information, or failing to furnish correct information, in response to the request or requirement of a district officer or employee.
(3) Obstruction or disruption of (a) any instruction, research, administration, disciplinary proceeding, or other district activity, whether occurring on or off district property, or (b) any other activity that is authorized to occur on district property, whether or not actually conducted by the district.
(4) Assault, physical abuse, verbal abuse, threat(s), intimidation, harassment, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of any student, any district officer or employee, or any other person who is on district property or is participating in a district activity.
(5) Attempted or actual damage to, or theft or misuse of, real or personal property or money of (a) the district or state, (b) any student or district officer, employee, or organization, or (c) any other person or organization lawfully present on district property, or possession of such property or money after it has been stolen.
(6) Failure to comply with the direction of a district officer or employee who is acting in the legitimate performance of his or her duties, or failure to properly identify oneself to such a person when requested to do so.
(7) Participation in any activity which unreasonably disrupts the operations of the district or infringes on the rights of another member of the district community, or leads or incites another person to engage in such an activity.
(8) Possession or use, without express authorization by the district chancellor or a campus president, of any explosive, incendiary device, dangerous chemical, weapon, or other device or substance which can be used to inflict bodily harm or to damage real or personal property.
(9) Hazing. Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.
(10) Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, consuming, or selling any alcoholic beverage, except as permitted by law and authorized by the chancellor or a college president.
(11) Being observably under the influence of any narcotic drug or controlled substance as defined in Chapter 69.50 RCW, or otherwise using, possessing, consuming, or selling any such drug or substance, except (a) in accordance with a lawful prescription for that student by a licensed health care professional or (b) as permitted by law and authorized by the chancellor or a college president.
(12) Obstruction of the free flow of pedestrian or vehicular movement on district property or at a district activity.
(13) Conduct which is disorderly, lewd, or obscene.
(14) Breach of the peace, or aiding, abetting, or procuring a breach of the peace.
(15) Discriminatory action which harms or adversely affects any student or district employee because of her/his race, color, national origin, mental or physical disability, gender, sexual orientation, age, creed, or religion.
(16) Sexual harassment of a student or district employee. This includes, but is not limited to, engaging in unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature where such behavior offends or would offend a reasonable and prudent person.
(17) Other harassment of a student or district employee. This includes, but is not limited to, repeated and unwelcome following (stalking) or contacting of such a person or making a threat which places that person in reasonable fear of bodily harm.
(18) Smoking inside a campus building or in or on any other property where smoking is not authorized.
(19) Theft or other misuse of computer time or other electronic information resources of the district. Such misuse includes but is not limited to:
(a) Unauthorized use of such resources or opening of a file, message, or other item;
(b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item;
(c) Unauthorized use or distribution of someone else's password or other identification;
(d) Use of such time or resources to interfere with someone else's work;
(e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image;
(f) Use of such time or resources to interfere with normal operation of the district's computing system or other electronic information resources;
(g) Use of such time or resources in violation of applicable copyright or other law; or
(h) Adding to or otherwise altering the infrastructure of the district's electronic information resources without authorization.
(20) Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to district property, or unauthorized entry onto or into district property.
(21) Abuse or misuse of any of the procedures relating to student complaints or misconduct, including but not limited to:
(a) Failure to obey a subpoena;
(b) Falsification or misrepresentation of information;
(c) Disruption, or interference with the orderly conduct, of a proceeding;
(d) Interfering with someone else's proper participation in a proceeding;
(e) Destroying or altering potential evidence, or attempting to intimidate or otherwise improperly pressure a witness or potential witness;
(f) Attempting to influence the impartiality of, or harassing or intimidating, a student conduct committee member; or
(g) Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.
(22) Operation of any motor vehicle on district property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.
(23) Violation of any other district rule, requirement, or procedure, including but not limited to any that is posted in electronic form, the district's traffic and parking rules, or the requirements for carpool parking.
(24) Violation of any federal, state, or local law, rule, or regulation.
(25) Aiding, abetting, inciting, encouraging, or assisting another person to commit any of the foregoing acts of misconduct.
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(2) An instructor may take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of students in fulfilling the objectives of the course. If a student is so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum, that action may include removing that student from that day's class session.
(3) With regard to any act of course-related dishonesty, classroom misconduct, or other academic misconduct, the faculty member involved may notify his/her dean, with supporting documentation. The dean shall then determine whether to refer the matter to the vice-president for student services for possible disciplinary action.
(4) A student who has received a grade adjustment by the instructor on the basis of dishonesty may grieve that adjustment under the student complaint procedure. However, any disciplinary sanction that is imposed instead of or in addition to an instructor's grade adjustment may be imposed and reviewed only under the student disciplinary procedure.
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(2) Except as provided in subsection (3), a student is subject to disciplinary action under these rules for any act of misconduct which (a) occurs on or damages district property or (b) occurs during any event or activity that the district conducts, participates in, or sponsors, regardless of where it occurs.
(3) The district reserves jurisdiction and authority to take disciplinary action for student misconduct beyond that described in subsection (2) when the misconduct demonstrates such flagrant disregard for the safety or well-being of others that it endangers the district community.
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(2) Any member of the district community may make a complaint against a student whom she/he believes has violated this student conduct code. Such a complaint should ordinarily be filed in writing with the vice-president for student services. However, no such complaint is required in order for that vice-president to take action on any matter that comes to his/her attention.
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(2) After considering the information that has been obtained through investigation and/or from the student, the vice-president may take any of the following actions:
(a) Terminate the proceeding, exonerating the student;
(b) Give any appropriate counseling or advice and then terminate the proceeding;
(c) Impose disciplinary sanction(s), subject to any right of appeal as described herein; or
(d) Refer the matter to the student conduct committee for such action as it deems appropriate. Such referral shall be in writing, to the attention of the committee chair, with a copy served on the student.
(3) A "respondent" as referred to hereinafter is a student upon whom a disciplinary sanction has been imposed or whose case has been referred to the student conduct committee.
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(a) Warning: Oral notice to the student of the violation(s). There shall be no appeal from a warning.
(b) Reprimand: Written notice to the student of the violation(s). A reprimand indicates, and usually states, that other or further misconduct, especially any continuation or repetition of the misconduct in question, may or will result in more serious disciplinary action. There shall be no appeal from a reprimand.
(c) Probation: Placement of one or more conditions on the student's continued attendance, as specified in the written notice to the student. The time period of the probation will ordinarily be stated in the notice; if not stated at all, or if so stated, the probation shall be for an indefinite period, concluding only with the end of the student's enrollment.
(d) Suspension from activities: Disqualification of the student, for a stated or indefinite period of time, from participation in specified (or all) privileges, services, or activities that are provided or sponsored by the district.
(e) Suspension of enrollment: Termination, for a stated or indefinite period of time, of all rights as an enrolled student in the college and/or the district, subject to the student's right to seek reinstatement as provided in WAC 132F-121-240.
(f) Expulsion: Permanent termination of a student's enrollment, and right to enroll, at any college or other educational facility in the district.
(g) Grade change: Lowering of a student's grade in a course below that awarded by the instructor.
(2) The conditions or terms of probation or suspension may include, without limitation:
(a) Restriction of future contact or communication with designated persons;
(b) Restriction of the student's access to district property; and/or
(c) Payment for personal injury, property damage, or other expenses related to the violation.
Failure to comply with a condition or term of probation or suspension shall be cause for further disciplinary sanction.
(3) A respondent's record of past misconduct may be considered in determining the appropriate disciplinary action.
(4) A summary suspension and/or an emergency suspension under WAC 132F-121-250 may be combined with or added to another suspension or an expulsion.
(5) A suspension or expulsion may include a provision stating whether all or any part of the respondent's tuition and other fees will be refunded.
(6) A disciplinary sanction, except a warning, shall be imposed through written notice served on the respondent. Each notice of disciplinary action shall state:
(a) A reasonable description of the facts on which the action is based;
(b) The provision(s) of this student conduct code found to have been violated;
(c) The sanction(s) imposed; and
(d) The respondent's right to appeal, i.e., to request an adjudicative proceeding, under these rules (except for a reprimand).
A copy of these student conduct rules should be included with the notice.
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(2) If the vice-president has referred the matter to the student conduct committee for action, no appeal is required, but the student may file a written response with the vice-president within twenty days of service of that referral.
(3) The vice-president shall promptly transmit any notice of appeal or response to referral, together with a copy of any notification of discipline, to the chair of the student conduct committee, described below. The vice-president should serve a copy of that transmittal on the respondent.
(4) Except through a summary suspension and/or emergency suspension under WAC 132F-121-250, a respondent's enrollment status and rights as an enrolled student shall not be altered, on the basis of a disciplinary sanction imposed by the vice-president, until (a) the appeal period has run without a proper appeal being filed or (b) if there is an appeal, either that appeal has been withdrawn or the final order has been entered.
(5) If a respondent files a timely appeal of a probation or suspension that includes restrictions on contacts, communications, or campus access, the vice-president will ordinarily modify those restrictions as necessary to facilitate the respondent's preparation for the hearing.
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(2) This committee shall be composed of the following three members:
(a) One administrator or exempt employee, appointed by the college president;
(b) One member of the faculty, appointed by the college president; and
(c) One student, appointed by the president of the recognized student government organization.
(3) Each appointment shall be accompanied by the appointment of two alternates. Each member and alternate shall serve for the academic year or until a replacement is appointed, whichever is longer. When a member is not available for a hearing, the committee chair shall designate an alternate to replace him/her for that hearing. If a member or alternate ceases to serve, a successor shall be promptly appointed. A member or alternate may be re-appointed in any role.
(4) The administrator or exempt employee shall be the committee chair.
(5) No employee who reports to, or is subject to the authority of, the vice-president who handles student disciplinary matters may be a committee member, as further provided in RCW 34.05.458. A committee member is subject to disqualification for bias, prejudice, interest, or as further provided in RCW 34.05.425.
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(2) Chapter 34.05 RCW and Chapter 10-08 WAC govern committee proceedings and control in the event of any conflict with these rules. The district's Chapter 132F-108 WAC also governs committee proceedings.
(3) The chair of the committee shall give not less than seven days advance written notice of the hearing to all parties, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause.
(4) The committee chair may provide to the committee members in advance of the hearing copies of (a) the vice-president for student service's notification of imposition of discipline (or referral to the committee) and (b) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.
(5) The committee chair is authorized to conduct pre-hearing conferences and/or to make pre-hearing decisions, except as overridden by majority vote of the committee, concerning the extent and forms of any discovery, issuance of protective orders, and similar procedural matters.
(6) Upon request made at least five days before the hearing by either the respondent or the vice-president, the two of them shall exchange, no later than the third day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present in their respective cases, except impeachment or rebuttal evidence. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.
(7) The respondent and the vice-president may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.
(8) The vice-president shall provide reasonable assistance to the respondent, upon request, in obtaining relevant and admissible evidence that is within the college's control.
(9) Communications between committee members and other persons regarding any issue in the proceeding, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.
(10) Each party may be accompanied at the hearing by a nonattorney assistant of his/her choice. A respondent may elect to be represented by an attorney, but will be deemed to have waived that right unless, at least four days before the hearing, written notice of the attorney's identity and participation is served on both the chair and the vice-president. If the respondent is represented by an attorney, the vice-president may also be represented by an attorney. If both the respondent and vice-president have counsel, the committee will ordinarily be advised by a separate assistant attorney general.
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(2) The hearing will ordinarily be open to the public, as further provided in RCW 34.05.449. However, if the respondent requests that some or all of it be closed, pursuant to WAC 132F-108-070 and 132F-108-080 or otherwise, the chair shall determine any extent to which the hearing will be closed. 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 he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to the respondent upon request. The chair shall assure maintenance of the proceeding record that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by the respondent. 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 vice-president for student services (unless represented by an attorney) shall present the case for disciplinary action. The facts justifying any such action must be established 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.
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(2) Within thirty days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial order in accordance with RCW 34.05.461 and WAC 10-08-210. This order shall include findings of fact on all material issues of fact and conclusions of law on all material issues of law -- including which, if any, specific provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.
(3) The committee's order shall also include a determination on appropriate discipline, if any. If the matter was a referral from the vice-president, the committee shall determine any disciplinary sanction. If the matter was an appeal by the respondent, the committee may affirm, reverse, or modify the discipline imposed by the vice-president and/or impose any other disciplinary sanction authorized herein.
(4) The committee chair shall cause copies of its order to be served on the respondent, the vice-president, the college president, and any legal counsel who have appeared. The committee chair shall also promptly transmit the record of the committee's proceedings to the college president.
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(2) If either the respondent or the vice-president for student services wishes to file written argument with the president, she/he must file that argument and serve a copy on the other within fifteen days after service of the committee's order. Within seven days after service of any such argument, the other party may file and serve a written response. The president shall have discretion to modify these deadlines and/or to allow oral arguments. However no new evidence, not already part of the record, may be introduced in any argument, except as expressly authorized by the president upon a showing of compelling legal justification and after any appropriate fact-finding.
(3) The president shall personally consider the whole record or such portions of it as may be cited by the parties. A party's failure to present any argument shall mean that the party is citing "none" of the record.
(4) If the committee's order includes a provision for expulsion, the president must consult with and obtain the agreement of the district chancellor. If the committee's order includes a provision for suspension from any other college(s) of the district, the president must consult with and obtain the agreement of the president(s) of such college(s).
(5) Within ninety days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the president shall either remand the matter for further proceedings, with instructions to the committee, or enter a final order in the matter. The president shall have all of decision-making power that he/she would have had if presiding over the hearing, including the power to affirm, reverse, or modify any disciplinary sanction.
(6) The president's final order shall include, or incorporate by reference to the committee's initial order, all matters required by RCW 34.05.461, in accordance with RCW 34.05.464. It shall also include notice to the respondent of his/her right to seek judicial review under RCW 34.05.510 et seq.
(7) Copies of the final order shall be served on the respondent, the vice-president, any legal counsel who have appeared, and the committee chair.
(8) The decision of the president shall be the final district action in the matter.
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(2) Before a suspension has ended, or if a student has been expelled, the student may petition for reinstatement as an enrolled student. Any such petition shall be submitted in writing to the vice-president for student services, showing facts and circumstances constituting good cause for such reinstatement. No such reinstatement shall be granted unless it is approved by both that vice-president and the college president.
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(2) A summary suspension may be imposed when necessary to prevent or avoid immediate disruption, danger, or other harm to the educational process or to the health, safety, or welfare of any member(s) of the public, including the district community. The summary suspension may be ordered only after the respondent has been given oral or written notice of the charge(s) and, if s/he denies them, an explanation of the evidence and an opportunity to respond. The order shall be effective when served. A summary suspension may be ordered:
(a) For ten days or less, by the vice-president; and/or
(b) For any time period through the final determination of a respondent's appeal, by the student conduct committee, upon the written request of the vice-president. The vice-president shall serve a copy of this request on the respondent. Before entering its order, the committee shall hold an initial hearing, as it determines is appropriate.
(3) An emergency suspension may be ordered by the vice-president under RCW 34.05.479 when necessary to prevent or avoid immediate danger to the health, safety, or welfare of any member(s) of the public, including the district community.
(a) Before ordering an emergency suspension, the vice-president shall make reasonable effort to give the respondent oral or written notice of the charge(s) and, if the respondent denies such, an explanation of the evidence and an opportunity to respond.
(b) The vice-president may order the emergency suspension only to the extent, and only for the time period, necessary to prevent or avoid the immediate danger, and only in compliance with RCW 34.05.479. The vice-president shall serve the order on the respondent, or otherwise give him/her such notice as is practicable, and shall also serve a copy on the student conduct committee.
(c) After the emergency suspension order is served, the vice-president and the committee shall proceed as quickly as feasible to complete the appeal proceeding.
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