WSR 98-05-049

PROPOSED RULES

GRAYS HARBOR COLLEGE

[Filed February 13, 1998, 11:39 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-010.

Title of Rule: Student rights and responsibilities.

Purpose: To update and revise the college's student code of conduct.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Summary: This document will replace the old student code of conduct. Significant changes were made which require the entire revision of the policy.

Reasons Supporting Proposal: The code needs revising due to growth of the college and changes in students reflecting societal changes over the last ten to fifteen years.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Arlene Torgerson, Student Services, (360) 538-4066.

Name of Proponent: Grays Harbor College, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to update and clarify an outdated student code of conduct.

Proposal Changes the Following Existing Rules: This rule will be clearer and more comprehensive. Students and college employees will be better able to understand procedures and policies related to student rights and responsibilities.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Has no impact on small businesses. Only impacts students enrolled at the college.

RCW 34.05.328 does not apply to this rule adoption. Grays Harbor College is not an agency listed under subsection (5) of this RCW.

Hearing Location: Grays Harbor College Board Room, 1620 Edward P. Smith Drive, Aberdeen, WA 98520, on March 25, 1998, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact John Rajcich by March 23, 1998, TDD (360) 538-4223, or (360) 538-4068.

Submit Written Comments to: Arlene Torgerson, FAX (360) 538-4293, by March 25, 1998.

Date of Intended Adoption: April 1, 1998.

February 11, 1998

Dr. Arlene Torgerson

Vice-President

for Student Services

AMENDATORY SECTION (Amending WSR 91-11-102, filed 5/22/91, effective 6/22/91)

WAC 132B-120-010 Definitions. As used in this document the following words and phrases shall mean:

(1) "Board" shall mean the board of trustees of Community College District No. 2, state of Washington.

(2) "College" shall mean Grays Harbor College or any additional community college hereafter established within Community College District No. 2, state of Washington.

(3) "Liquor" shall mean the definition of liquor as contained within RCW 66.04.010(((16))) as now law or hereafter amended.

(4) (("Drugs")) "Controlled substances" shall mean ((and include any narcotic drug as defined in RCW 69.50.101(o), any)) the definition of controlled substances as defined in RCW ((69.50.201 through 69.50.212 or any legend drug as defined in RCW 69.41.010(8))) 69.50.101 as now law or hereafter amended.

(5) "College facilities" shall mean and include any or all real property owned, rented, leased, controlled or operated by the college and shall include all buildings and appurtenances affixed thereon or attached thereto.

(6) "President" shall mean the chief executive officer of the college appointed by the board of trustees.

(7) (("Disciplinary officials" shall mean the hearing committee as denominated in WAC 132B-120-170, the dean of student services and/or the vice-president for instruction, and the president.

(8) "Student" shall mean and include any person who is regularly enrolled at the college.

(9) "Disciplinary action" shall mean and include the warning, probation, expulsion, suspension, or reprimand of any student pursuant to WAC 132B-120-120 for the violation of any designated rule or regulation of the rules of student conduct for which a student is subject to disciplinary action.)) "Faculty" shall mean any person employed on a full or part-time basis as a teacher, instructor, counselor or librarian.

(8) "Student" shall mean and include any person who is enrolled at the college or is in the process of applying for admission to the college.

(9) "Employee" shall mean any classified, faculty, administrator, exempt, student worker or volunteer person.

(10) "College community" shall mean all employees and students of the college.

(11) "Disciplinary action" shall mean any of the sanctions listed in WAC 132B-120-130.

(12) "Sexual harassment" shall mean unwelcome verbal or physical conduct of a sexual nature, unwelcome or unsolicited sexual advances or requests for sexual favors when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic standing or employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.

Examples of behaviors that may constitute harassment include but are not limited to: Repeated, offensive and unwelcome insults and/or jokes; pressure for dates or sex, if unwelcome or repeated; repeated, unwelcome comments about an individual's body or clothing; persistent, unwelcome flirtation, advances and/or propositions of a sexual nature; deliberate and unwelcome touching, such as patting, hugging, pinching or repeated brushing against a person's body.

(13) "Hazing" shall mean any method of initiation into a student organization or association 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 or other person attending any institution of higher education or postsecondary institution. Hazing does not include customary athletic events or other similar contests or competitions.

(14) "Trespass" shall be defined in accordance with chapter 9A.52 RCW.

(15) "Assembly" shall mean any activity engaged in by two or more persons the object of which is to gain publicity, advocate a view, petition for a cause, or disseminate information to any person, persons or group of persons.

(16) "RCW" shall mean the Revised Code of Washington.

[Statutory Authority: RCW 28B.50.140(13) and 69.41.340. 91-11-102, 132B-120-010, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-010, filed 8/6/80.]

AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-020 Statement of ((purpose)) policy and community philosophy. (1) Grays Harbor College is maintained by the state of Washington for the provision of programs of instruction in higher education and related community services. Like any other institution having its own special purposes, the college must maintain conditions conducive to the effective performance of its functions. Consequently, it has special expectations regarding the conduct of the various participants in the college community.

(2) Admission to the college carries with it the prescription that the student will conduct himself/herself as a responsible member of the college community. This includes an expectation that the student will ((obey appropriate laws, will comply with the rules and regulations of the college and its departments, and will maintain a high standard of integrity and honesty.

(3) Sanctions for violations of college regulations or conduct which interferes with the operation of college affairs will be dealt with by the college, and the college may impose sanctions independently of any action taken by civil authorities. In the case of minors, misconduct may be referred to parents or legal guardians)):

Obey appropriate laws;

Comply with the rules and regulations of the college;

Practice personal and academic integrity;

Respect the dignity of all persons;

Respect the rights and property of others;

Discourage bigotry, striving to learn from differences in people, ideas and opinions;

Demonstrate concern for others' feelings and their need for conditions which support their work and development;

Refrain from and discourage behaviors which undermine the respect all GHC community members deserve.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-020, filed 8/6/80.]

AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-030 Jurisdiction. All rules herein adopted concerning student conduct and discipline shall apply to every student ((enrolled at the college)) whenever said student is engaged in or present at any college-related activity whether occurring on or off of college facilities.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-030, filed 8/6/80.]

AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-040 ((Student misconduct.)) Prohibited conduct. Disciplinary action may be taken for a violation of any provision of this student code((,)) or for a violation of other college rules and regulations which may from time to time be properly enacted((,)) or for ((any of the following types of misconduct:

(1) Smoking is prohibited in all classrooms and the library and other areas so posted by college officials.

(2) The possession, use, sale or distribution of any alcoholic beverage or illegal drug on the college campus is prohibited. The use of illegal drugs by any Grays Harbor College student attending a college-sponsored event is also prohibited, even though the event does not take place at the college. The use of alcohol by any Grays Harbor College student attending such events on noncollege property shall conform to state law.

(3))) specific prohibited conduct including but not limited to the following:

(1) Smoking and use of tobacco products anywhere other than designated smoking areas.

(2) Using, possessing, consuming, or being under the influence of, or selling any liquor as defined in RCW 66.04.010, in violation of law or in a manner which disrupts a college activity.

(3) Using, possessing, selling or being under the influence of any narcotic drug or controlled substance as defined in RCW 69.50.101 in a college facility or while participating in a college-related program.

(4) Engaging in lewd, indecent, or obscene behavior.

(((4))) (5) Where the student presents an imminent danger to college property or to himself/herself or to other students or persons in college facilities on or off campus, or to the education process of the college.

(((5) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college.

(6) The intentional making of false statements and/or filing of false charges against the college and members of the college community.

(7) Forgery, alteration, or misuse of college documents, records, funds or instruments of identification with the intent to defraud.

(8) Theft from or damage to college premises and/or property, or theft of or damage to property of a member of the college community or college premises.

(9) Failure to comply with the direction of college officials acting in the legitimate performance of their duties.

(10) Possession of firearms, licensed or unlicensed, except where possessed by commissioned police officers as prescribed by law.)) (6) Interference by force or violence with, or intimidation by threat of force or violence, of another student, employee or visitor who is in the peaceful discharge or conduct of his/her duties or studies (RCW 28B.10.570 through 28B.10.572).

(7) Disorderly or abusive behavior which interferes with the rights of others or which obstructs or disrupts teaching, learning, research or administrative functions.

(8) Conducting or participating in an assembly which violates the guidelines of assembly as defined in Section II E.

(9) All forms of student academic dishonesty, including cheating, falsification, plagiarism or facilitating, aiding and abetting academic dishonesty.

This section shall not be construed as preventing an instructor from taking immediate disciplinary action as provided herein where the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This section shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.

(10) Forgery of or unauthorized alteration of or access to any college document, record, funds or instrument of identification, including electronic hardware, software and records.

(11) The intentional making of false statements and/or filing of false charges against the college and/or members of the college community.

(12) Theft from college premises and/or property; theft of property of a member of the college community on college premises; or possession of property stolen from college premises and/or a member of the college community while on college premises.

(13) Causing or attempting to cause physical damage to property owned, controlled or operated by the college or to property owned, controlled or operated by another person while said property is located on college facilities.

(14) Failure to comply with the direction of college employees acting in the legitimate performance of their duties.

(15) Refusal to provide positive identification and evidence of student enrollment to any college employee in the lawful discharge of said employee's duties.

(16) Possession, transportation or storage of any firearm(s), explosives, dangerous chemicals or other weapons, devices or substances which can be used to inflict bodily harm or to damage real or personal property. This does not apply to commissioned police officers as prescribed by law.

(17) Falsely setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities.

(18) Violating any of the computer use policies in effect on campus.

(19) Sexual harassment as defined in Section IB12 of another student or employee.

(20) Any repeated intentional conduct directed at another student or employee that has the purpose or effect of creating a hostile, intimidating or disruptive learning or working environment. (This may include intentional, repeated, unwelcome attempts to contact a student or employee.)

(21) Hazing in any form as described in RCW 28B.10.900.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-040, filed 8/6/80.]

NEW SECTION

WAC 132B-120-055 Trespass. The vice-president of student services or his or her designee(s) shall have the authority and power to prohibit the entry or withdraw the license or privilege of any person or group of persons to enter into or remain on any college property or facility. Such power and authority may be exercised to halt any event or activity which is deemed to be unreasonably disruptive of order or impedes the movement of persons or vehicles or which disrupts or threatens to disrupt the ingress and/or egress of persons from facilities owned and/or operated by the college. Any person remaining on or reentering college property after receiving notice that his/her license or privilege to be on that property has been revoked shall be subject to arrest for criminal trespass.

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NEW SECTION

WAC 132B-120-065 Student rights. The following rights are endorsed by the college for each student within the limitations of statutory law and college policy which are deemed necessary to achieve the educational goals of the college:

(1) Academic freedom.

(a) Students are guaranteed rights of free inquiry, expression and peaceful assembly upon and within college facilities that are generally open and available to the public.

(b) Students are free to pursue appropriate educational objectives from among the college's curricula, programs and services, subject to the limitations of RCW 28B.50.090 (3)(b).

(c) Students have the right to a learning environment which is free from unlawful discrimination and sexual harassment.

(d) Students are protected from academic evaluation which is arbitrary, prejudiced or capricious, and are responsible for meeting the standards of academic performance established by each of their instructors.

(2) Nondiscrimination. Students have the right not to be discriminated against on the basis of age, color, creed, disability, gender, marital status, national origin or ancestry, race, religion, sexual orientation, or veteran status.

(3) Due process. Students have the right of due process. No disciplinary action may be imposed without notice to the accused of the nature of the charges. A student accused of violating the code of conduct is entitled to procedural due process as set forth in the code.

(4) Campus speakers. Recognized student organizations shall have the right to invite outside speakers to speak on campus subject to the availability of campus facilities, funding and compliance with college procedures.

(5) Right to assembly. Students shall have the right of assembly upon college facilities that are generally available to the public provided such assemblies:

(a) Are conducted in an orderly manner;

(b) Do not unreasonably interfere with vehicular or pedestrian traffic;

(c) Do not unreasonably interfere with classes, scheduled meetings or ceremonies or regular functions of the college;

(d) Do not cause destruction or damage to college property.

(6) Distribution of materials. Handbills, leaflets, newspapers and similarly related materials may be distributed free of charge by any student or students, or by members of recognized student organizations, or by college employees on or in college facilities at locations specifically designated by the vice-president for student services; provided such distribution does not interfere with the ingress or egress of persons or interfere with the free flow of vehicular or pedestrian traffic.

Such handbills, leaflets, newspaper and related matter must bear identification as to the publishing agency and distributing organization or individual.

All nonstudents shall register with the vice-president for student services prior to the distribution of any handbill, leaflet, newspaper or related matter. Such distribution must not interfere with the free flow of vehicular or pedestrian traffic.

Any person or persons who violate any provisions of this rule relating to the distribution of materials will be subject to disciplinary action.

(7) Commercial activities. College facilities will not be used for commercial solicitation, advertising or promotional activities except when such activities clearly serve educational objectives, including but not limited to display of books of interest to the academic community or the display or demonstration of technical or research equipment, and when such commercial activities relate to educational objectives and are conducted under the sponsorship or at the request of the college, or the office of the associated students of the college; provided that such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic.

(8) Fund-raising. Students and student organizations have the right to engage in fund-raising activities subject to the approval of the vice-president for student services.

(9) Grievances. Students have the right to express and resolve misunderstandings, complaints and grievances according to the stated grievance procedures.

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NEW SECTION

WAC 132B-120-075 Student responsibilities. Students who choose to attend Grays Harbor College also choose to participate actively in the learning process offered by the college. The college is responsible for providing its students with an educational environment rich in the high quality resources needed by students to attain their educational goals. In return, the college desires that each student assume responsibility to:

(1) Participate actively in the learning process, both in and out of the classroom;

(2) Seek timely assistance in meeting educational goals;

(3) Attend all class sessions;

(4) Prepare adequately to participate fully in class activities;

(5) Participate actively in the academic advising system;

(6) Develop skills required for learning, e.g., basic skills, time management, and study skills;

(7) Assume final authority for the selection of appropriate educational goals;

(8) Select courses appropriate for meeting chosen educational goals;

(9) Make appropriate use of services;

(10) Contribute towards improving the college;

(11) Become knowledgeable of and adhere to the college's policies, practices and procedures;

(12) Abide by the standards set forth in the code of conduct.

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AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-080 ((Academic dishonesty/))Classroom conduct. (((1) Academic dishonesty: Honest assessment of student performance is of crucial importance to all members of the academic community. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:

(a) It is the responsibility of the college administration and teaching faculty to provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty which occur at the college.

(b) Any student who, for the purpose of fulfilling any assignment or task required by a faculty member as part of the student's program of instruction, shall knowingly tender any work product that the student fraudulently represents to the faculty member as the student's work product, shall be deemed to have committed an act of academic dishonesty. Acts of academic dishonesty shall be cause for disciplinary action.

(c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in subparagraph (b) above, shall be subject to disciplinary action.

(d) This section shall not be construed as preventing an instructor from taking immediate disciplinary action as provided herein when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This section shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.

(2) Classroom conduct:)) Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

(((a))) (1) Any student who((, by any act of misconduct,)) substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain the decorum of the faculty member's class shall be subject to disciplinary action.

(((b))) (2) The instructor of each course offered by the college shall be authorized to take such steps as may be necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the objectives of the course; provided a student shall have the right to appeal such disciplinary action to the ((associate dean of student affairs)) vice-president for student services.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-080, filed 8/6/80.]

NEW SECTION

WAC 132B-120-085 Groups and organizations. (1) Recognized student groups and organizations may be charged with violations of this code. Such a group or organization and its officers may be held collectively or individually responsible when violations of this code by those associated with the group or organization have received the tacit or overt consent or encouragement of the organization, its leaders, officers or spokespersons.

(2) Sanctions for group or organization misconduct may include revocation of the use of college facilities for a specified period of time or denial of recognition or funds as well as other appropriate sanctions permitted under this code. Sanctions of groups or organizations are subject to the appeal process upon request.

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AMENDATORY SECTION (Amending WSR 91-11-102, filed 5/22/91, effective 6/22/91)

WAC 132B-120-120 Disciplinary process. (1) Any infractions of college rules and regulations may be referred by any ((college faculty or staff member to the dean of student services or in his absence the vice-president for instruction. That official shall then follow the appropriate procedures for any disciplinary action which he deems necessary relative to the alleged misconduct. In addition, a student may appeal disciplinary action taken by an instructor or faculty member pursuant to the provisions in WAC 132B-120-180.

(2) The disciplinary official may take whatever action he deems appropriate within the framework of these regulations. If the student concludes that any sanctions imposed upon him are inappropriate, he may appeal to the student/faculty disciplinary committee.

(3))) student or employee to the vice-president for student services or in his/her absence the vice-president for instruction or designee. Sexual harassment complaints or concerns may be directed to the vice-president for student services or the equity resource director. The vice-president for student services or, in his/her absence, the vice-president for instruction of the college is responsible for initiating the disciplinary proceedings for infractions of rules and regulations as outlined in the procedures. The vice-president for student services or, in his/her absence, the vice-president for instruction, may delegate this responsibility to members of their staff and they may also establish committees or other hearing bodies to advise or act for them in disciplinary matters. That official shall then follow the appropriate procedures for any disciplinary action which is deemed necessary relative to the alleged misconduct.

(2) Any student accused of violating any provision of the rules of conduct shall be called for an initial meeting and in order that any informality in disciplinary proceedings not mislead the student as to the seriousness of the matter under consideration, will be informed of what provision(s) of the rules of conduct he/she is charged with violating, and what appears to be the range of penalties, if any, which might result from disciplinary proceedings.

(3) After considering the evidence in a case and interviewing the student or students involved, the vice-president for student services or, in his/her absence, the vice-president for instruction or designee may take any of the following actions:

(a) Terminate the proceeding, exonerating the student or students.

(b) Dismiss the case after providing whatever counseling and advice may be appropriate.

(c) Impose disciplinary sanctions directly, subject to the student's right of appeal as described in this procedure. The student shall be notified in writing of the action taken except that disciplinary warnings may be given verbally.

(d) Refer the matter to the student/faculty disciplinary committee for appropriate action. The student shall be notified in writing that the matter has been referred to the committee.

(4) If a referral or an appeal is made to the student/faculty disciplinary committee, the committee shall hold a hearing, reach conclusions and may impose sanctions. ((If the student concludes that the action of the disciplinary committee is inappropriate, he may appeal the matter to the president of the college.

(4) The president of the college, after reviewing the case, may reverse, sustain or modify any sanctions which may have been imposed by the student/faculty disciplinary committee. The decision of the president is final.))

[Statutory Authority: RCW 28B.50.140(13) and 69.41.340. 91-11-102, 132B-120-120, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-120, filed 8/6/80.]

AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-130 ((Disciplinary terms.)) Sanctions. (1) ((As used in this document the following terms shall mean:)) Sanctions for violations of college regulations or conduct may be imposed independent of any action taken by civil authorities. In the case of minors, misconduct may be referred to parents or legal guardians.

(2) More than one sanction may be recommended. Sanctions may include, but are not limited to:

(a) Disciplinary warning((:)). Constitutes oral notice of violation of college rules and regulations.

(b) Reprimand((:)). Formal action after censuring a student for violation of college rules or regulations for failure to satisfy the college's expectations regarding conduct. Reprimands are made in writing to the student by the disciplinary official. A reprimand indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one or more serious disciplinary actions described below.

(c) Disciplinary probation((:)). Formal action placing conditions upon the student's continued attendance ((because of his violation of college rules and regulations or failure to satisfy the college's expectations regarding conduct. The disciplinary official placing the student on probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extra-curricular activities)). Notice will be made in writing, specifying the period of probation and the conditions of the probation. Disciplinary probation warns the student that any further misconduct will automatically raise the question of dismissal from the college. Disciplinary probation may be for a specified term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

(d) Restitution. Compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement.

(e) Discretionary sanctions. These may include but are not limited to: Work assignments, service to college or community, class/workshop attendance or other discretionary assignments such as educational interventions intended as learning experiences.

(f) Loss of privileges. Loss of specific college privileges for a specified period of time. These may include but are not limited to student activities, athletic events, drama or music performances, or club participation.

(g) No contact. Restriction from entering specific college areas and/or all forms of contact with certain person(s).

(h) Summary suspension((:)). Temporary dismissal from the college ((and temporary termination of a student's status)) for a period of time ((not to exceed ten days which occurs prior to invocation of the formal hearing procedures specified in this code due to a necessity to take immediate disciplinary action, where a student presents an imminent danger to the college property, or to himself or other students or persons in college facilities on or off campus, or to the educational process of the college.

(e))) during which an investigation and/or formal disciplinary procedures are pending. Summary suspension is predicated upon a reasonable belief that the student presents an imminent danger to college property, to other students, to employees of the college or is of significant disruption to the educational process.

(i) During the period of summary suspension, the student may enter the college premises only to meet with the vice-president for student services or a designee; to deliver a written appeal; to attend a hearing; or otherwise with special permission from the vice-president for student services.

(ii) At the end of the summary suspension period, the student shall be reinstated to prior status subject to any other disciplinary sanctions that may have been imposed.

(i) Suspension((:)). Temporary dismissal from the college and ((temporary)) termination of student status ((for violation of college rules and regulations or for failure to meet college standards of conduct)).

(((f))) (j) Expulsion((: Dismissal from the college and)). Permanent termination of student status ((for violation of college rules and regulations or for failure to meet the college standards of conduct for an indefinite period of time or permanently)) from the college.

(((2))) (3) Refund of fees for the quarter in which disciplinary action is taken shall be in accord with the college's refund policy. Fees paid in advance for subsequent quarters will be refunded.

(((3))) (4) A student suspended on the basis of conduct which disrupted the orderly operation of the campus or any facility of the district, may be denied access to all or any part of the campus or other facility.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-130, filed 8/6/80.]

NEW SECTION

WAC 132B-120-135 Summary suspension procedures. (1) If the vice-president for student services deems summary suspension appropriate, she/he shall give the student oral or written notice of the reasons for summary suspension, duration of the summary suspension, and of any possible additional disciplinary or corrective action that may be taken. If oral notice is given, written notice shall follow within two calendar days. In addition, the vice-president for student services shall set a date for informal hearing of the summary suspension as soon as practicable.

(2) The presiding officer for the informal hearing shall be an administrator designated by the president other than the administrator who initially imposed the summary suspension (normally, the vice-president for student services) and will be accompanied by the president of the associated students of Grays Harbor College or designee. The student shall be given the opportunity to present written and/or oral evidence. The issue before the presiding officer shall be whether reasonable cause exists to support and to continue the summary suspension.

(3) The presiding officer shall issue a written decision within two days of the informal hearing.

(4) The student may request a de novo review of the informal hearing decision before the student/faculty disciplinary committee. Either party may request the review to be consolidated with any other disciplinary proceeding arising from the same matter.

(5) Nothing herein shall prevent faculty members from taking summary action as may be reasonably necessary to maintain order in the classroom and/or prevent substantial disruption to the educational process. Such summary action in the form of removal from the classroom may not exceed two days per episode. Any such summary action may be appealed to the vice-president for student services for an informal hearing.

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AMENDATORY SECTION (Amending WSR 91-11-102, filed 5/22/91, effective 6/22/91)

WAC 132B-120-170 Student/faculty disciplinary committee. (1) The student/faculty disciplinary committee, convened for that purpose, will hear, de novo, and make recommendations on all disciplinary cases referred to by the appropriate authority or appeal to it by student(s). The committee will be composed of the following persons:

(a) A member appointed by the president of the college who shall serve as chair;

(b) Two members of the faculty, appointed by the president of the faculty association;

(c) Two representatives from the student council, appointed by the student body president.

(2) None of the above-named persons shall sit on any case in which he/she has a complaint or witness, in which he/she has a direct or personal interest, or in which he/she has acted previously in an advisory or official capacity. Decisions in this regard, including the selection of alternates, shall be made by the disciplinary committee as a whole. ((The disciplinary committee chairman will be elected by the members of the disciplinary committee.

(3) The committee may decide that the student involved:

(a) Be given a disciplinary warning;

(b) Be given a reprimand;

(c) Be placed on disciplinary probation;

(d) Be given a suspension;

(e) Be expelled;

(f) Be exonerated with all proceedings terminated and with no sanctions imposed;

(g) Be disqualified from participation in any school-sponsored athletic events or activities.))

[Statutory Authority: RCW 28B.50.140(13) and 69.41.340. 91-11-102, 132B-120-170, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-170, filed 8/6/80.]

AMENDATORY SECTION (Amending WSR 91-11-102, filed 5/22/91, effective 6/22/91)

WAC 132B-120-180 ((Procedural guidelines.)) Student/faculty disciplinary committee procedures. (1) The student((, if he wishes to appeal,)) has a right to a fair and impartial hearing before the committee on any charge of misconduct((. His failure to cooperate with the hearing procedures, however, shall not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.

(2) The student shall be given notice of the date, time and place of the hearing, the charges against him, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him to prepare a defense)) resulting in disciplinary action other than warning or reprimand.

(2) The committee chair shall establish general rules of procedures for conducting hearings. A majority of the committee shall set the time, place and available seating capacity for a hearing. All proceedings of the committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

(3) The committee shall issue written notice of the date, time and place of the hearing, and the charges against the student consistent with RCW 34.05.434. This notice of hearing shall be provided no later than seven days prior to the date of the hearing. The notice may be amended at any time prior to the hearing, but if such amendment is prejudicial to the student's case, the hearing shall be rescheduled to a later date if so requested in writing by the student.

(((3) The student or his representative shall be entitled to hear and examine the evidence against him and be informed of the identity of its sources; he shall be entitled to present evidence in his own behalf and to question witnesses testifying against him as to factual matters. The student shall have all authority which is possessed by the college to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

(4) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether he is guilty of the misconduct charged but the student's past record of conduct may be taken into account in formulating the committee's recommendation for disciplinary action.

(5) The student may be represented by counsel and/or accompanied by an advisor of his choice.

(6) Hearings conducted by the committee may be held in closed session at the discretion of the committee, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing invited guests are disruptive of the proceedings, the chairman of the committee may exclude such persons from the hearing room.

(7) A majority of the committee shall set the time, place and available seating capacity for a hearing.

(8) All proceedings of the committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

(9) An adequate summary of the proceedings will be kept. As [At] a minimum, such summary would include a tape recording of testimony. Such record will be available for inspection and copying in the office of student services during regular business hours.

(10) The student will be provided with a copy of the findings of fact and with the conclusions of the committee. He will also be advised of his right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee. In the case of an unmarried student under eighteen years of age, written notice of any action involving dismissal or disciplinary probation will be sent to the parents or guardian of the student.

(11) The committee chairman shall establish general rules of procedures for conducting hearings consistent with the foregoing procedural guidelines.

(12) The president of the college or his designated representative, after reviewing the case, including the report of the committee and any statement filed by the student, shall either indicate his approval of the conclusions of the committee by sustaining its decision, shall give directions as to what other disciplinary action shall be taken by modifying its decision, or shall nullify previous sanctions imposed by reversing its decision. He shall then notify the official who initiated the proceedings, the student and the committee chairperson.)) (4) The student may be represented by counsel and/or accompanied by an advisor of his/her choice, who is not, however, an employee of the college. If the student elects to choose a duly licensed attorney admitted to practice in the state of Washington as counsel, notice thereof must be tendered by the student to the vice-president for student services at least five calendar days prior to the hearing.

(5) The student or his/her representative shall be entitled to hear and examine the evidence against him/her and be informed of the identity of its sources; the student shall be entitled to present evidence in his/her own behalf and to question witnesses testifying against him/her as to factual matters. The committee shall request the administration to provide the student a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. The student shall have all authority which is possessed by the college to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

(6) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged but the student's past record of conduct may be taken into account in formulating the committee's recommendation for disciplinary action.

(7) Hearings conducted by the committee may be held in closed session at the discretion of the committee, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing, invited guests are disruptive of the proceedings, the chair of the committee may exclude such persons from the hearing room.

(8) Failure on the part of the student(s) to appear or cooperate in the proceedings may result in default in accordance with RCW 34.05.440. However, it may not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.

(9) The committee may decide to uphold or modify sanctions in accordance with WAC 132B-120-130.

(10) An adequate summary of the proceedings will be kept. At a minimum, such summary would include a tape recording of testimony. Such record will be available for inspection and copying in the office of student services during regular business hours. The student will be provided with a copy of the findings of fact and with the conclusions of the committee.

(11) The student will also be advised of his/her right to present within seven calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee. In the case of a student under eighteen years of age, written notice of any action involving dismissal or disciplinary probation may be sent to the parents or guardian of the student.

(12) If the student concludes that the action of the disciplinary committee is inappropriate, the student may appeal the matter to the president of the college. The president of the college or his/her designated representative, after reviewing the case, including the report of the committee and any statements filed by the student, shall either indicate his/her approval of the conclusions of the committee by sustaining its decision, shall give directions as to what other disciplinary action shall be taken by modifying its decision or shall nullify previous sanctions imposed by reversing its decision. The president shall then notify the official who initiated the proceedings, the student and the committee chair. The decision of the president is final.

[Statutory Authority: RCW 28B.50.140(13) and 69.41.340. 91-11-102, 132B-120-180, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-180, filed 8/6/80.]

AMENDATORY SECTION (Amending WSR 91-11-102, filed 5/22/91, effective 6/22/91)

WAC 132B-120-190 Appeals. Any disciplinary action other than warning or reprimand may be appealed ((as described below)). ((Notice of an appeal by a student shall)) All appeals must be made in writing and addressed to the ((dean of)) vice-president for student services within ((ten)) seven calendar days of the college's giving of the notice of the disciplinary action.

(1) Disciplinary action by ((a faculty member or other college staff member)) any college employee may be appealed to, and shall be reviewed by, the ((dean of)) vice-president for student services, or in his/her absence, the vice-president for instruction or designee.

(2) Disciplinary action ((by the appropriate disciplinary official)) may be appealed to, and shall be reviewed by, the student/faculty disciplinary committee.

(3) Disciplinary action by the student/faculty disciplinary committee may be appealed to((,)) and shall be reviewed by((,)) the college president or his/her designee.

(((4) Disciplinary action by the president shall either indicate his approval of the conclusions by sustaining the decision or shall give directions as to what other disciplinary action shall be taken by modifying the decision, or shall nullify previous sanctions imposed by reversing its decision. All appeals to the president shall be final.))

[Statutory Authority: RCW 28B.50.140(13) and 69.41.340. 91-11-102, 132B-120-190, filed 5/22/91, effective 6/22/91. Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-190, filed 8/6/80.]

AMENDATORY SECTION (Amending Order 80-1, Resolution No. 10-80, filed 8/6/80)

WAC 132B-120-200 Reporting, recording and maintaining records. Records of all disciplinary cases shall be kept by the ((disciplinary official taking or initiating the action)) office of the vice-president for student services. Except in proceedings where the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved((,)); insofar as possible, for not more than ((five)) six years. No other records of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation or not more than ((five)) six years.

[Statutory Authority: RCW 28B.50.140(13). 80-10-053 (Order 80-1, Resolution No. 10-80), 132B-120-200, filed 8/6/80.]

NEW SECTION

WAC 132B-120-210 Hazing sanctions. Any student found to have violated RCW 28B.10.900 et seq. related to hazing, by virtue of a criminal conviction or by final decision of the college president or designee, shall, in lieu of or in addition to any other disciplinary action which may be imposed under this chapter, forfeit any entitlement to student-funded grants, scholarships, or awards of a period of time determined by the college.

In addition, any organization or association found to have knowingly permitted hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

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NEW SECTION

WAC 132B-120-220 Student grievance procedure. The purpose of these procedures is to provide guidelines which enable a student to express and resolve misunderstandings, complaints, or grievances in a fair and equitable manner. Students have the right to receive clear information and fair application of college policies, standards, rules and requirements and are responsible for complying with them in their relationships with college personnel. This grievance procedure emphasizes an informal resolution which promotes constructive dialogue and understanding.

(1) Student complaints. A complaint is any expression of dissatisfaction with the performance of a college employee, policy or procedure. Students who have a complaint shall use the following procedure:

Step 1. If the complaint is about the action of a college employee, the college employee and student shall make a good faith effort to resolve the grievance on a one-to-one basis. If the complaint is about a policy or procedure, it should be discussed with the employee most closely responsible for the policy or procedure. Both parties should openly discuss the concern, attempt to understand the other's perspective, explore alternatives and attempt to arrive at a satisfactory resolution.

Step 2. If the student determines that the complaint cannot be resolved to his/her satisfaction with the employee concerned, he/she should contact one of the following people:

(a) The vice-president for instruction for complaints regarding an instructional employee, policy or procedure; or

(b) The vice-president for student services regarding any other employee, policy or procedure.

The student may be referred to other appropriate personnel for resolution.

Step 3. The vice-president will discuss with the student his/her concerns including options available to resolve the concern. The student may be requested to indicate in writing the nature of the grievance specifying as accurately as possible all details. Following discussion and the gathering of any further information as needed, the vice-president, within twenty working days, will issue a decision to resolve the complaint and report his/her findings to all involved parties. If an investigation requires more time, the deadline may be extended to a mutually agreed future date.

Step 4. If the meeting with the vice-president does not resolve the complaint to the student's satisfaction, he/she may appeal to the president of the college. The president may amend, modify, reverse or accept the recommendation of the vice-president. The decision of the president shall be final.

(2) Records. The vice-president shall keep all written statements or transcripts associated with the complaint as part of the files. The files will be destroyed after six years from the initiation of the complaint.

(3) Time limits on filing a complaint. The student must file a complaint within one academic quarter of the event which caused the grievance to be filed. The vice-president may suspend this rule under exceptional circumstances such as extended illness, or leave of a party to the complaint. No complaints will be considered after two academic quarters of the occurrence of the source of the grievance. When either party to the complaint is no longer present at the college and does not expect to return, the vice-president will give the absent party reasonable opportunity to reply to the complaint before making a decision.

(4) Grievances excluded. The student grievance procedure described in this section is not intended to cover complaints of discrimination or sexual harassment. The college has separate, specific procedures for such complaints. See the vice-president for student services or the equity resource director for information on those specific procedures.

A student may not use the provisions of these sections as the basis for filing a grievance based on the outcome of summary or other disciplinary proceedings described in earlier sections of this student rights and responsibilities code or for resolution of specific categories of student complaints where other procedures are required.

Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community college education or the board of trustees of Community College District No. 2 shall not be grievable matters.