WSR 02-24-062

PERMANENT RULES

SKAGIT VALLEY COLLEGE


[ Filed December 3, 2002, 3:58 p.m. ]

Date of Adoption: November 27, 2002.

Purpose: This change to the Skagit Valley College code of student rights and responsibilities further clarifies the process for students involved in disciplinary proceedings, updates language relating to conduct violations and disciplinary proceedings, and corrects position titles referenced in the code.

Citation of Existing Rules Affected by this Order: Repealing WAC 132D-120-055, 132D-120-130, 132D-120-140, 132D-120-150, 132D-120-160, 132D-120-170, 132D-120-180, 132D-120-190, 132D-120-200 and 132D-120-210; amending WAC 132D-120-010, 132D-120-020, 132D-120-030, 132D-120-040, 132D-120-050, 132D-120-060, 132D-120-070, 132D-120-080, 132D-120-090, 132D-120-100, 132D-120-110, and 132D-120-120.

Statutory Authority for Adoption: RCW 28B.50.140, 88-24-014.

Adopted under notice filed as WSR 02-18-049 [02-21-081] on October 18, 2002 [October 17, 2002].

Changes Other than Editing from Proposed to Adopted Version: One position title has been updated throughout the document ("director of student activities and auxiliary services" to "director of student life") and one clarifying clause is added in WAC 132D-120-070.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 12, Repealed 10.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 12, Repealed 10.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

November 27, 2002

Linda Woiwod

Dean of Enrollment Services

OTS-5884.2


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-010   Title.   This chapter shall be known as the code of student ((rights and responsibilities)) conduct of Skagit Valley College.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-010, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-020   Definitions.   As used in this chapter, the following words and phrases shall be defined as follows:

(1) "Academic dishonesty" ((shall mean plagiarism, cheating on examinations, fraudulent representation of student work product or other similar act of academic dishonesty)) means cheating, plagiarism and other dishonesty relating to academic work.

(2) "Alcoholic beverages" ((shall mean the definition of liquor as contained within)) are beer, wine and hard liquor as defined in RCW 66.04.010(15) as now law or hereafter amended.

(3) (("Assembly" shall mean any overt 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.)) The term "cheating" includes, but is not limited to:

(a) Use of any unauthorized assistance in taking quizzes, tests or examinations;

(b) Dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or

(c) The acquisition, without permission, of a test or other academic material belonging to a member of the college faculty or staff.

(4) (("ASSVC" shall mean the associated students of Skagit Valley College as defined in the constitution of that body.

(5) "Board" shall mean the board of trustees of Community College District No. 4, state of Washington.

(6) "Chief administrative officer" shall mean the president of Skagit Valley College and president of Community College District No. 4, state of Washington.

(7))) "College" ((shall)) means Skagit Valley College, and any other community college centers or facilities established within Community College District No. 4.

(((8) "College facilities" shall mean and include any and all personal property and real property including all buildings and appurtenances affixed thereon or attached thereto district-wide.

(9))) (5) The term "college official" includes any person employed by the college or any member of the college board of trustees, performing administrative or professional responsibilities.

(6) The term "college premises" includes all land, buildings, facilities and other property in the possession of, or owned, used or controlled by the college (including adjacent streets and sidewalks).

(7) "Controlled substance" includes any illegal drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.

(8) "Demonstrations" shall mean any overt activity engaged in by one 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.

(((10) "Disciplinary action" shall mean and include a warning, reprimand, probation, suspension, or dismissal of any student by the dean of administrative and student services issued pursuant to this chapter for the violation of any designated rule or regulation of the rules of conduct for which a student is subject to disciplinary action.

(11) "Controlled substance" shall mean and include any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.

(12))) (9) The director of student life is that person designated by the college president to be responsible for the administration of the code of conduct.

(10) "Faculty" ((shall mean and)) includes any full-time or part-time academic employee of the district whose assignment is one of a combination of instruction, counseling or library services.

(((13) "Rules of conduct" shall mean those rules contained within this chapter as now exist or which may be hereafter amended, the violation of which subjects a student to disciplinary action.

(14) "Student," unless otherwise qualified, shall mean and include any person who is registered for classes at the college.

(15) "College disciplinary court" shall mean the judicial body provided in this chapter.

(16) "Trespass" shall mean the definition of trespass as contained within chapter 9A.52 RCW, as now law or hereafter amended.)) (11) A "judicial advisor" is a college official authorized on a case-by-case basis to impose sanctions upon students found to have violated this code of conduct. The director of student life will serve as the judicial advisor or may appoint another trained college official to perform that function if s/he perceives that it would be in the best interest of any of the parties involved in a case. A judicial advisor may serve as the sole member, or one of the members, of a judicial body. Nothing shall prevent the director of student life from authorizing the same judicial advisor to impose sanctions in all cases.

(12) The term "judicial body" means any person or persons authorized to determine whether a student has violated the code of conduct and to recommend imposition of sanctions. Judicial bodies will be selected annually through the college's authorized committee selection process.

(13) The term "may" is used in the permissive sense.

(14) The term "member of the college community" includes any person who is a student, faculty member, college official, or any other person employed by the college. A person's status in a particular situation shall be determined by a judicial advisor.

(15) The term "organization" means any number of persons who have complied with the formal requirements for college recognition.

(16) The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person, without full and clear acknowledgment. It also includes the unacknowledged use of materials such as term papers or other academic material prepared by a person other than the submitting student.

(17) The term "respondent" means any student accused of violating this code of conduct.

(18) The term "sexual harassment" includes, but is not limited to, unwanted sexual advances; requests for sexual favors; and other verbal and physical conduct which interferes with learning, or creates a hostile or offensive environment for one of the parties.

(19) The term "shall" is used in the imperative sense.

(20) "Student," unless otherwise qualified, shall mean and include any person who is registered for classes at the college. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the college, are considered "students."

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-020, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-030   Jurisdiction of the college.   (1) ((All rules herein adopted)) Scope. This code shall apply to every student whenever ((said)) the student is present upon or in any college ((facility)) premises and whenever ((said)) the student is present at or engaged in any college-sponsored activity ((which is)) held on or in noncollege facilities.

(2) ((Faculty members, other college employees, students, and members of the public who breach or aid or abet another in the breach of any provision of this chapter shall be subject to (a) possible prosecution under the state criminal law; (b) any other civil or criminal remedies available to the public; or (c) appropriate disciplinary action pursuant to the state of Washington higher education personnel board rules or the district's policies and regulations.

(3) Statutory authority of the Revised Code of Washington cited in this document is on file and available in the office of the dean of administrative and student services.)) Remedies not exclusive. The remedies provided for in this code are not exclusive. Seeking or obtaining any remedies under this code is not intended to bar the college, the complainant, or any other person or entity from seeking or obtaining such other remedies as may be available under other college policies, or in any other forum under applicable civil or criminal law.

(3) Trespass. The director of student life 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 in any college property or facility. Such power and authority may be exercised to halt an event 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 individual who disobeys a lawful order given by the director of student life, or his or her designee(s), shall be subject to disciplinary action and/or charges of criminal trespass.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-030, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending WSR 94-01-028, filed 12/6/93, effective 1/6/94)

WAC 132D-120-040   ((Student rights.)) Disciplinary authority.   ((The following enumerated rights are guaranteed to 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 the rights of free inquiry, expression, and 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 shall be protected from academic evaluation which is arbitrary, prejudiced or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(d) Students have the right to a learning environment which is free from unlawful discrimination, inappropriate, and disrespectful conduct, and any and all harassment, including sexual harassment.

(2) Due process.

(a) The rights of students to be secure in their persons, quarters, papers and effects against unreasonable searches and seizures is guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this code of student rights and responsibilities is entitled, upon request, to procedural due process as set forth in this chapter.

(3) Distribution and posting. Students may distribute or post printed or published material subject to official procedures printed and available in the office of student programs and activities.

(4) Off-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 the college procedures available in the office of student affairs.)) (1) Judicial bodies shall be selected annually via the standing committee selection process and approved by the college president. The director of student life shall determine which judicial body or judicial advisor shall be authorized to hear each case.

(2) The director of student life may develop policies and procedures for the administration of the judicial program and for the conduct of hearings which are consistent with the provisions of the Skagit Valley College code of student conduct. Each complainant and respondent shall be given a copy of any written procedural rules prior to any judicial hearing.

(3) Decisions made by a judicial body and/or judicial advisor shall be final, pending the appeal process provided within this code.

[Statutory Authority: RCW 28B.50.140. 94-01-028, 132D-120-040, filed 12/6/93, effective 1/6/94; 88-24-014 (Order 88-01), 132D-120-040, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-050   ((Student responsibilities.)) Violations.   ((Any student shall be subject to disciplinary action as provided for in this chapter who, either as a principle actor, aider, abettor or accomplice as defined in RCW 9A.08.020 interferes with the personal rights or privileges of others or the educational process of the college; violates any provision of this chapter; or commits any of the following personal, property or status offenses which are hereby prohibited:

(1) Personal offenses.

(a) Assault, reckless endangerment, intimidation or interference upon another person in the manner set forth in RCW 9A.36.010, 9A.36.020, 9A.36.030, 9A.36.040, 9A.36.050 or 28B.10.570 through 28B.10.572 as now or hereafter amended.

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

(c) Failure to follow instructions. Inattentiveness, inability, or failure of student to follow instructor's instructions, thereby infringing upon the rights and privileges of other students.

(d) Illegal assembly, obstruction or disruption. Any assembly or other act which materially and substantially interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the private rights and privileges of others.

(e) False complaint. Filing a formal complaint falsely accusing another student or college employee with violating a provision of this chapter.

(f) False alarms. 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.

(g) Sexual harassment. Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where such behavior offends the recipient, causes discomfort or humiliation, or interferes with job or school performance.

(2) Property offenses.

(a) Theft and robbery. Theft of the property of the district or of another as defined in the RCW 9A.56.010 -- 9A.56.050 and 9A.56.100 as now law or hereafter amended.

(b) Malicious mischief. Intentional or negligent damage to or destruction of any college facility or other public or private real or personal property.

(c) Unauthorized use of college equipment and supplies. Converting of college equipment or supplies for personal gain or use without proper authority.

(3) Status offenses.

(a) Cheating and plagiarism. Submitting to a faculty member any work product that the student fraudulently represents to the faculty member as the student's work product for the purpose of fulfilling or partially fulfilling any assignment or task required by the faculty member as part of the student's program of instruction.

(b) Forgery or alteration of records. Forging or tendering any forged records or instruments, as defined in RCW 9A.60.010 -- 9A.60.020 as now law or hereafter amended, of any district record or instrument to an employee or agent of the district acting in his official capacity as such.

(c) Refusal to provide identification in appropriate circumstances. Refusal to provide positive identification (e.g., valid driver's license or state identification card) in appropriate circumstances to any college employee in the lawful discharge of said employee's duties.

(d) Illegal entry. Entering any administrative or other employee office or any locked or otherwise closed college facility in any manner, at any time, without permission of the college employee or agent in charge thereof.

(e) Smoking. Smoking in any classroom or laboratory[,] the library, or in any college facility or office posted "no smoking" or any other smoking not complying with chapter 70.160 RCW.

(f) Controlled substances. Using, possessing, being demonstrably under the influence of, or selling any narcotic or controlled substance as defined in chapter 69.50 RCW as now law or hereafter amended, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist. For the purpose of this regulation, "sale" shall include the statutory meaning defined in RCW 69.50.410 as now law or hereafter amended.

(g) Alcoholic beverages. Being demonstrably under the influence of any form of alcoholic beverage. Possessing or consuming any form of alcoholic beverage on college property, with the exception of sanctioned events, approved by the dean of administrative and student services or his or her designee(s) and in compliance with the Alcoholic Beverage Use Policy of the college and other state law.

(h) Weapons, explosives, and dangerous chemicals. Illegal or unauthorized use or possession of any device or substance which can be used to inflict bodily harm or to damage real or personal property.)) Any student found to have committed, or aided or abetted others to commit, any of the following violations is subject to the disciplinary sanctions outlined in this chapter:

(1) Assault, reckless endangerment, physical abuse, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.

(2) Disorderly, lewd, indecent or other behavior which breaches the peace, interferes with the rights of others or which obstructs or disrupts teaching, research, administrative functions or other college-authorized activities.

(3) Failure to comply with orders or directions of college officials or law enforcement officers acting in performance of their duties, and/or failure to identify oneself to these persons when requested to do so.

(4) Participation in a campus demonstration or other activity which disrupts the normal operations of the college and infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus or at college-sponsored activities.

(5) Acts of dishonesty including, but not limited to, the following:

(a) Cheating, plagiarism, or other forms of academic dishonesty.

(b) Furnishing false information to any college official, faculty member or office.

(c) Forgery, alteration or misuse of any college document, record or instrument of identification.

(d) Tampering with the election of any college-recognized student organization.

(6) Attempted or actual theft of, and/or damage to, property of the college or property of a member of the college community or other personal or public property.

(7) Failure to follow the reasonable instructions of faculty members, thereby infringing upon the rights and privileges of other members of the college community.

(8) Possession or unauthorized use of college equipment and supplies including, but not limited to, converting college equipment or supplies for personal gain or use without proper authority.

(9) Abuse of the judicial system including, but not limited to:

(a) Failure to obey the summons of a judicial body or college official.

(b) Falsification, distortion, or misrepresentation of information before a judicial body.

(c) Disruption of, or interference with, the orderly conduct of a judicial proceeding.

(d) Knowingly initiating a judicial proceeding without cause (i.e., filing a false report).

(e) Attempting to discourage an individual's proper participation in, or use of, the judicial system.

(f) Attempting to improperly influence the impartiality of a member of a judicial body prior to, and/or during, the course of a judicial proceeding.

(g) Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, or after the course of a judicial proceeding.

(h) Failure to comply with the sanction(s) imposed under the code of conduct.

(i) Influencing or attempting to influence another person to abuse the judicial system.

(10) 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.

(11) Unlawful discrimination based on, but not limited to, race, ethnicity, national origin, ancestry, creed, color, gender (including sexual harassment), marital/parental status, sexual orientation, age, religion, and sensory, mental, or physical disability.

(12) Refusal to provide positive identification (e.g., valid driver's license or state identification card) in appropriate circumstances to any college employee in the lawful discharge of that employee's duties.

(13) Entering any administrative or other employee office or any locked or otherwise closed college facility in any manner, at any time, without authority or permission of the college employee or agent in charge thereof.

(14) Smoking in college vehicles or on college premises outside of designated smoking areas.

(15) Use, possession, distribution or being demonstrably under the influence of narcotics or other controlled substances, except as expressly permitted by law.

(16) Use, possession, distribution or being under the influence of alcoholic beverages, except as expressly permitted by law and college regulations.

(17) Possession of firearms, explosives, other weapons, or dangerous chemicals on college premises or at college-sponsored or supervised activities, unless approved by the president of the college or his/her designee.

(18) Theft or other abuse of computer time including, but not limited to:

(a) Unauthorized entry into a file to use, read, or change contents, or for any other purpose.

(b) Unauthorized transfer of a file.

(c) Unauthorized use of another individual's identification and/or passwords.

(d) Use of computing facilities to interfere with the work of another student or college official.

(e) Use of computing facilities to send obscene or abusive messages.

(f) Use of computing facilities that interferes with normal operation of the college computing system including, but not limited to, unsolicited e-mail.

(19) Violation of other published college policies, rules or regulations.

(20) Violation of federal, state or local law on college premises or at college-sponsored or supervised activities.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-050, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-060   ((Trespass.)) Violation of law and college discipline.   ((The dean of administrative and 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 in any college property or facility. Such power and authority may be exercised to halt any event 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 individual who disobeys a lawful order given by the dean of administrative and student services, or his or her designee(s), shall be subject to disciplinary action and/or charges of criminal trespass.)) (1) College disciplinary proceedings may be initiated against a student charged with violation of a law that is also a violation of the code of student conduct. This would apply if both violations result from the same factual situation, without regard to pending civil litigation in court, or criminal arrest and prosecution. Proceedings under the code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

(2) When a student is charged by federal, state or local authorities with a violation of law, the college may advise off-campus authorities of the existence of the code of student conduct and of how such matters will be handled internally within the college community. The college will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and staff members acting in their personal capacities remain free to interact with governmental representatives as they deem appropriate.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-060, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-070   ((Delegation of)) Disciplinary ((authority)) proceedings.   ((The dean of administrative and student services, or his designee(s), shall have authority to administer the disciplinary action prescribed in this chapter. The president shall be informed of all student dismissals, suspensions or probation proceedings by the dean of administrative and student services, or his or her designee(s).)) (1) Complaints. Any member of the college community may file a complaint against any student for misconduct. Complaints shall be submitted within ninety days after the incident. Complaints shall be prepared in writing and directed to the office of the judicial advisor.

(2) Notice to accused student. When a complaint is filed against a student, the judicial advisor will, within five school days, serve written notice on the accused student, including a copy of the code of student conduct advising the student of the charges against him or her.

(3) Informal process. The judicial advisor may, but is not required to, conduct an investigation to determine the merit of the complaint and if it can be disposed of informally by mutual consent of the parties involved. For adverse parties who agree to settle the complaint informally, the judicial advisor will facilitate communication between the complainant(s) and the student(s) accused (respondent(s)). The judicial advisor will determine the best means of conducting the informal process, the purpose of which is to reach an agreement that is mutually satisfactory to the parties, if possible. Interim sanctions may be imposed at any time during the informal process with good reason (see interim sanctions section). If it is determined that the matter cannot be resolved by mutual consent, a summary disciplinary conference will be initiated by the judicial advisor.

(4) Summary proceedings.

(a) Disposition. After considering the evidence in the case and interviewing the respondent in a summary hearing (if the respondent has appeared at the scheduled conference), the judicial advisor may:

(i) Terminate the proceeding exonerating the student(s);

(ii) Dismiss the case after whatever counseling and advice the judicial advisor deems appropriate; or

(iii) Impose any of the sanctions listed in this code.

The decision shall be in writing and shall be served on both the respondent and the complainant.

(b) Request for formal hearing. After the judicial advisor's decision, the respondent and/or the complainant may request a formal hearing to challenge a decision reached, or a sanction imposed, by the judicial advisor pursuant to the informal disciplinary hearing. Such requests shall be in writing and shall be delivered to the director of student life or designated judicial advisor within five school days of the judicial advisor's decision. A time shall be set for a formal hearing not less than five, nor more than fifteen, calendar days after the request for a formal hearing. If there is good reason and the complainant(s) and the respondent(s) agree, time limits for scheduling a hearing may be extended at the discretion of the judicial advisor.

(5) Formal hearings. Formal hearings shall be convened by the judicial advisor and conducted by a judicial body according to the following guidelines:

(a) Hearings shall be conducted in private. Hearings will be chaired by the judicial advisor.

(b) The complainant(s) and the respondent(s) shall be expected to attend the formal hearing. Admission of any person to the hearing shall be at the discretion of the judicial advisor.

(c) In hearings involving more than one accused student, the judicial advisor, at his or her discretion, may permit separate hearings for each respondent.

(d) The complainant and the respondent have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney, but advisors are not permitted to speak or participate directly in any hearing before a judicial body, except as permitted by the judicial advisor. If the student chooses to be advised by a licensed attorney in the state of Washington, s/he must notify the judicial advisor at least five working days prior to the hearing.

(e) The complainant, the respondent and the judicial body shall have the right of presenting witnesses and evidence, subject to the right of questioning by the judicial body, the complainant or the respondent. The judicial advisor may limit the scope and number of questions to witnesses.

(f) Pertinent records, exhibits and written statements may be accepted for consideration as evidence prior to, or during, a hearing by a judicial body at the discretion of the judicial advisor.

(g) All procedural questions are subject to the final decision of the judicial advisor.

(h) After the hearing, the judicial body shall determine whether the student has violated the code of conduct as charged.

(i) The judicial body's determination shall be made on the basis of whether it is more likely than not that the respondent violated the code of conduct.

(j) If the judicial body determines that a student has violated the code of conduct, the body will determine whether the sanction(s) imposed pursuant to the informal disciplinary conference were appropriate for the violation of the code of conduct which the student was found to have committed.

(k) A judicial body may reduce or increase the sanctions imposed by the judicial advisor pursuant to the informal disciplinary conference or remand the case to a judicial advisor.

(6) There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the college and shall be preserved until the decision is final after the time for appeals has passed.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-070, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-080   ((Disciplinary action.)) Sanctions.   ((The following disciplinary actions are hereby established and shall be imposed upon violators of the rules of conduct enumerated in this chapter, and pursuant to the right of appeal as outlined in this chapter.

(1) Disciplinary warning. Verbal notice to a student by the dean of administrative and student services, or his or her designee(s) that she/he has violated the rules of conduct as outlined in this chapter or has otherwise failed to satisfy the college's expectations regarding conduct. Such warnings imply that continuing or repeating the specific violation or engaging in other misconduct will result in one of the more serious disciplinary actions described below. Formal files or records will not be kept on informal verbal warnings.

(2) Disciplinary reprimand. Formal action censuring a student for violating the rules of conduct as outlined in WAC 132D-120-050. Reprimands shall be made in writing to the student by the dean of administrative and student services, or his or her designee(s), with copies placed on file in the office of student affairs. A reprimand shall indicate to the student that continuing or repeating the specific violation involved will result in one of the more serious disciplinary actions described below.

(3) Disciplinary probation. Formal action by the dean of administrative and student services, or his or her designee(s), placing conditions upon the student's continued attendance for violation of WAC 132D-120-050. Notice shall be made in writing and shall specify the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. Disciplinary probation may be for a specific term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

(4) Limited dismissal. Temporary dismissal from the college and termination of the person's student status for violation of WAC 132D-120-050. Notice shall be given in writing and specify the duration of the dismissal and any special conditions which must be met before readmission.

(5) Expulsion. Permanent termination of a student's status for violation of WAC 132D-120-050. Notice must be given in writing. There shall be no refund of fees for the quarter in which the action is taken but fees paid in advance for a subsequent quarter will to be refunded.)) (1) The following sanctions may be imposed by the judicial advisor upon any student, group or organization found to have violated the code of conduct:

(a) Warning -- A notice in writing to the student that the student has violated this code and that further violation may result in additional disciplinary proceedings and sanctions.

(b) Probation -- A written reprimand placing conditions upon the student's continued attendance. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating the code during the probationary period. Notice will be made in writing and shall specify the period of probation and the conditions, such as limiting the student's participation in extracurricular activities.

(c) Loss of privileges -- Denial of specified privileges for a designated period of time.

(d) Fines -- Fines may be imposed.

(e) Restitution -- Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

(f) Discretionary sanctions -- Work assignments, service to the college or other related discretionary assignments.

(g) Deactivation -- (Applies to student groups or organizations). Loss of all privileges, including college recognition, for a specified period of time.

(h) College suspension -- Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

(i) College expulsion -- Permanent separation of the student from the college. There shall be no refund of fees for the quarter in which the action is taken but fees paid in advance for a subsequent quarter will be refunded.

(2) More than one of the sanctions listed above may be imposed for any single violation.

(3) Disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. Upon graduation and application to the judicial advisor, the student's confidential record may be expunged of disciplinary actions other than college suspension or expulsion consistent with the college's schedule of record disposition.

(4) In each case in which a judicial body determines that a student has violated the code of conduct, the sanction(s) shall be determined by the judicial advisor. In cases in which persons other than, or in addition to, the judicial advisor have been authorized to serve as the judicial body, the recommendation of all members of the judicial body shall be considered by the judicial advisor in determining and imposing sanctions. The judicial advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the judicial advisor shall advise the respondent in writing of its determination and any sanction(s) imposed.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-080, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-090   ((Initial disciplinary proceedings.)) Interim sanctions.   (((1) All disciplinary proceedings will be initiated by the dean of administrative and student services or his or her designated representative. The student may be placed on suspension pending commencement of disciplinary action, pursuant to the conditions set forth in WAC 132D-120-160.

(2) Any student accused of violating any provision of the rules of conduct shall be called for an initial meeting with the dean of administrative and student services, or his or her designated representative, and will be informed of what provision or provisions 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 the case and interviewing the accused student, if the accused student has appeared at the scheduled conference, the dean of administrative and student services may take any of the following actions: (a) Terminate the proceeding, exonerating the student or students; (b) dismiss the case after whatever counseling and advice the dean of administrative and student services deems appropriate; (c) impose verbal warning to the student directly, not subject to the student's right of appeal as provided in this chapter; (d) impose additional sanctions of reprimand, probation, limited dismissal or expulsion, subject to the student's right of appeal as provided in the following provisions.)) In certain circumstances, the director of student activities and auxiliary services, or designated judicial advisor, may impose any of the above sanctions pending a hearing before, or decision by, a judicial body.

(1) Interim sanctions may be imposed only:

(a) To ensure the safety and well-being of members of the college community or the preservation of college property;

(b) To ensure the student's own physical or emotional safety and well-being; or

(c) If the student poses a threat of disruption to, or interference with, the educational process or other normal operations of the college.

(2) Notice of interim sanctions will be made in writing and will state:

(a) The charges against the student, including reference to the provisions of this code that were allegedly violated; and

(b) That the student charged has the right to an informal hearing before the judicial advisor to challenge the interim sanctions.

(3) If such a hearing is requested, it shall be held as soon as practicable after the interim sanctions have been imposed. The judicial advisor will decide whether there is probable cause to believe that continuation of the sanctions is necessary, and/or whether some other disciplinary action is appropriate.

(4) The judicial advisor may continue to enforce the interim sanctions if, following the informal hearing, he or she finds that there is probable cause to believe that interim sanctioning of that student is necessary for the safety of the student, other students, or persons on college facilities, the educational process of the institution, or to restore order to the campus. The result of the informal hearing will be given to the student in writing.

(5) If sanctions are continued, the written notice shall stipulate the duration of the sanctions and conditions under which they may be terminated.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-090, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-100   Appeals(( -- Generally)).   (1) ((Appeals contesting any disciplinary action may be made by the student(s) involved. Such appeals shall be made in the following order:

(a) Disciplinary action taken by the dean of administrative and student services, or his or her designee(s) may be appealed to the college disciplinary court, which may, at the request of the student(s), hear the case de novo.

(b) Disciplinary recommendations made by the college disciplinary court may be appealed by the student to the president of the college. The president shall review the record of the proceedings which gave rise to the appeal, as well as the recommendations made by the dean of administrative and student services and the college disciplinary court. The president's decision shall be final.

(2) Any appeal by a student receiving a disciplinary sanction must meet the following conditions: (a) The appeal must be in writing and must clearly state errors in fact or matters in extenuation or mitigation which justify the appeal; and (b) the appeal must be filed within ten working days from the date on which the student was notified that disciplinary action was being taken.

(3) All appellate decisions shall be sent from the office of the dean of administrative and student services. Written decisions shall include the signatures of the college disciplinary court.)) Following a formal hearing, a decision reached by a judicial body, or a sanction imposed by the judicial advisor, may be appealed by the respondent or complainant to the vice-president of student services and student success within ten school days of the date of the written decision. Such appeals shall be in writing and shall be delivered to the director of student life or designated judicial advisor. The notice of appeal is deemed delivered on the date it is postmarked or the date it is hand-delivered to the office of the director.

(2) Appeals shall be limited to review of the record of the formal hearing (see disciplinary proceedings section) and supporting documents, except as required to explain the basis of new evidence, for any of the following:

(a) To determine whether the formal hearing was conducted fairly in light of the charges and evidence presented and in conformity with the prescribed procedures, giving the complaining party a reasonable opportunity to prepare and present evidence that the student code of conduct was violated, and giving the respondent a reasonable opportunity to prepare and to present a rebuttal of those allegations.

(b) To determine whether the decision reached regarding the respondent was based on substantial evidence; that is, whether the facts in the case were sufficient to establish the fact that a violation of the student code of conduct had occurred.

(c) To determine whether the sanction(s) imposed were appropriate for the violation committed.

(d) To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the formal hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

(3) The vice-president of student services and student success may, upon review of the case, reduce or increase the sanctions imposed by the judicial advisor or remand the case to the judicial body and judicial advisor.

(4) Final appeal. Following an appeal to the vice-president of student services and student success, a decision reached by the vice-president may be appealed by the respondent or complainant to the college president within ten school days of the date of the written decision. Such appeals shall be in writing and shall be delivered to the director of student life or designated judicial advisor. Appeals to the college president will be conducted in the same manner as those made to the vice-president of student services and student success. The notice of appeal is deemed delivered on the date it is postmarked or the date it is hand-delivered to the office of the director.

(5) The college president's decision shall be final.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-100, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-110   ((Composition and structure of the college disciplinary court.)) Student rights.   (((1) The college disciplinary court shall be composed of a chief justice, associate chief justice and seven associate justices selected as follows:

(a) The chief justice shall be a student in good academic standing at the college, and s/he shall be appointed by the ASSVC president for a one-year term; and

(b) The associate chief justice shall be a faculty member or administrator appointed by the president of the college for a three-year term; and

(c) The associate justices shall be selected as follows:

(i) Four associate justices shall be students in good academic standing appointed by the ASSVC president for one-year terms; and

(ii) Two associate justices shall be faculty members selected by the faculty for two-year terms; and

(iii) One associate justice shall be an administrator appointed by the president of the college for a two-year term; and

(iv) Members of the college disciplinary court shall be chosen by no later than October 15 of each academic year.

(d) A chief justice, associate chief justice, and associate justices shall serve during their term of office as set forth above and until their successors are appointed or elected.

(2) If any member of the college disciplinary court is unable to consider a particular disciplinary proceeding for any reason (including but not limited to conflict of interest, matters of conscience or related reasons), such members shall abstain from considering the issues. If the chief justice and associate chief justice abstain pursuant to the above procedure, the members of the college disciplinary court shall elect a temporary chief justice who will preside over the court.

(3) The chief justice, or in his or her absence the associate chief justice except under circumstances described in subparagraph (2) above, shall preside over all court proceedings in cases relating to student violation of the rules of conduct established by this chapter. The presiding officer of the college disciplinary court shall exercise the powers and duties usually granted to the presiding officer of a judicial body including but not limited to the power to make rulings on all evidentiary procedural matters heard in the course of the disciplinary hearing.

(4) A quorum for all proceedings of the college disciplinary court shall consist of the chief justice, or in his or her absence the associate chief justice, and at least four associate justices; provided, in the event that the chief justice and associate chief justice have been replaced in accordance with subparagraph (2) above, the college disciplinary court shall meet to elect a temporary chief justice.)) The following enumerated rights are guaranteed to 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 the rights of free inquiry, expression, and 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 shall be protected from academic evaluation that is arbitrary, prejudiced, or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(d) Students have the right to a learning environment that is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

(2) Due process:

(a) The rights of students to be secure in their persons, quarters, papers and effects against unreasonable searches and seizures is guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this code of student rights and responsibilities is entitled, upon request, to procedural due process as set forth in this chapter.

(3) Distribution and posting: Students may distribute or post printed or published material subject to official procedures printed and available in the office of student programs and activities.

(4) Off-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 the college procedures available in the office of student life.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-110, filed 12/1/88, effective 1/1/89.]


AMENDATORY SECTION(Amending Order 88-01, filed 12/1/88, effective 1/1/89)

WAC 132D-120-120   ((Hearing procedures before the college disciplinary court.)) Interpretation and revision.   (((1) The college disciplinary court shall conduct a hearing within fourteen working days after disciplinary action has been referred to the court.

(2) Where a person is charged with an offense punishable by suspension, limited dismissal, or termination of his or her relationship with the institution, and where the person (a) waives the opportunity for an informal hearing, or (b) by his conduct (in the judgment of the hearing officer) makes it impossible to conduct an informal hearing, or (c) is dissatisfied with the results of the informal hearing; that person is entitled to a formal hearing conducted according to the provisions of RCW 28B.19.110 and the guidelines of this chapter. Where a formal hearing is neither required by law nor requested by the student or the college, the matter may be resolved informally. Informal hearings before the college disciplinary court shall be conducted in any manner which will bring about a prompt, fair resolution of the issue.

(3) The college disciplinary court will hear and decide cases referred to it by the dean of administrative and student services or by appeal as specified in WAC 132D-120-090. The court shall prepare a written opinion which shall include findings of fact, conclusions, and recommendations.

(4) The student has a right to a fair and impartial hearing before the college disciplinary court on any charge of violating the rules of conduct. The student's failure to cooperate with the court's hearing procedures, however, shall not preclude the college disciplinary court from making its findings of fact, conclusions and recommendations.

(5) Written notice of the time and place of the hearing before the college disciplinary court shall be given to the student by personal service or certified mail. Such notice shall be afforded not less than ten calendar days in advance of the hearing and shall be issued by the office of the dean of administrative and student services. The notice shall include:

(a) A statement of time, place and nature of the disciplinary proceedings; and

(b) A statement of the specific charges against him or her including reference to the particular sections of the rules of conduct involved; and

(c) To the extent known, a list of witnesses who will appear and a summary description of any documentary or other physical evidence that will be presented by the college at the hearing.

(6) The student shall be entitled to:

(a) Hear and examine the evidence against him or her and be informed of the identity of its source; and

(b) Present evidence in his or her own behalf and to cross-examine witnesses testifying on behalf of the college as to factual matters; and

(c) Take depositions upon oral examination or written interrogatories. Discovery shall be done according to the rules of civil procedure or by a less formal method where all parties agree.

(7) The student may be represented by counsel of his or her choice at the disciplinary hearing. 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 dean of administrative and student services at least five working days prior to the hearing.

(8) In all disciplinary proceedings, the college may be represented by a designee appointed by the dean of administrative and student services; that designee may then present the college's case against the student accused of violating the rules of conduct; provided, that in those cases in which the student elects to be represented by a licensed attorney, the dean of administrative and student services may elect to have the college represented by an assistant attorney general.

(9) The dean of administrative and student services shall designate a recorder to take notes during the hearing and to prepare a written summary of all evidence, facts, and testimony presented to the college disciplinary court during the course of the hearing. The proceedings of the hearing shall also be tape-recorded.

(10) The record in a formal hearing shall contain: (a) All documents, motions and intermediate rulings; and (b) evidence received and considered; and (c) a statement of matters officially noticed; and (d) questions and offers of proof, objections and rulings thereon.

(11) All records of disciplinary proceedings shall be maintained in the office of the dean of administrative and student services and shall be available only during the course of the disciplinary proceedings to the college disciplinary court, the student and his/her attorney, and any other college official designated by the president.

(12) Following the conclusion of the disciplinary proceeding, access to records of the case and hearing files will be limited to those designated by the college president.

(13) Proceedings of the college disciplinary court shall be presided over by a presiding officer as provided in WAC 132D-120-110 and 132D-120-120.

(14) Following final disposition of the case and any appeals therefrom, the president may direct the destruction of any records of any disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW.

(15) The time of the hearing may be advanced by the college disciplinary court at the request of the student or continued for good cause.

(16) Hearings conducted by the college disciplinary court generally will be held in closed session; provided, the accused student may request the hearing to be held in open session.

(17) If at any time during the conduct of a hearing visitors disrupt the proceedings, the presiding officer of the college disciplinary court may exclude such persons from the hearing room.

(18) Any student of the college attending the disciplinary court hearing who continues to disrupt the proceedings after the presiding officer has asked him/her to cease or to leave the hearing room, shall be subject to disciplinary action.)) (1) Code interpretation. Any question of interpretation regarding the code of conduct shall be referred to the director of student life or designee for final interpretation.

(2) Code revision. The code of conduct shall be reviewed at least every five years under the direction of the director of student life.

[Statutory Authority: RCW 28B.50.140. 88-24-014 (Order 88-01), 132D-120-120, filed 12/1/88, effective 1/1/89.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132D-120-055 Antihazing.
WAC 132D-120-130 Evidence admissible in hearings.
WAC 132D-120-140 Decision by the college disciplinary court.
WAC 132D-120-150 Final appeal.
WAC 132D-120-160 Summary suspension proceedings.
WAC 132D-120-170 Procedures of summary suspension hearing.
WAC 132D-120-180 Decision by the dean of administrative and student services.
WAC 132D-120-190 Notice of suspension.
WAC 132D-120-200 Suspension for failure to appear.
WAC 132D-120-210 Appeals from summary suspension hearing.
WAC 132D-120-220 Final decision.

Washington State Code Reviser's Office