Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-15-140.

     Title of Rule: Student conduct code.

     Purpose: The student code identifies the rights, responsibilities and potential consequences for inappropriate action for students attending Grays Harbor College.

     Other Identifying Information: WAC 132B-120-010 through 132B-120-220.

     Statutory Authority for Adoption: RCW 28B.50.140.

     Summary: Updates and clarifies the Grays Harbor College student conduct code.

     Reasons Supporting Proposal: The student conduct code needed to be amended to update the rules to reflect the ever changing needs of Grays Harbor College.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Arlene Torgerson, 1620 Edward P. Smith Drive, Aberdeen, WA 98520, (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 student code of Grays Harbor College clearly identifies students' rights and the consequent responsibilities. It articulates what kinds of acts or behaviors constitute violation of the code and describes the hearing and appeal procedures as well as the possible consequences for violations.

     Proposal Changes the Following Existing Rules: The current WAC 132B-120-010 through 132B-120-220 is amended. The amendments change the code to reflect the ever changing needs of Grays Harbor College.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: The Boardroom, Grays Harbor College, 1620 Edward P. Smith Drive, Aberdeen, WA 98520, on October 28, 2003, at 6:00.

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

     Submit Written Comments to: Arlene Torgerson, 1620 Edward P. Smith Drive, Aberdeen, WA 98520, fax (360) 538-4293, by October 27, 2003.

     Date of Intended Adoption: December 1, 2003.

September 10, 2003

Arlene Torgerson

Vice President

for Student Services

OTS-6628.2

AMENDATORY SECTION(Amending WSR 98-09-012, filed 4/6/98, effective 5/7/98)

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 as now law or hereafter amended.

     (4) "Controlled substances" shall mean the definition of controlled substances as defined in RCW 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. College facilities extend to affiliated websites, distance learning classroom environments and agencies or institutions that have educational agreements with Grays Harbor College.

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

     (7) "Vice-president" shall mean the vice-president for student services or in his/her absence, the vice-president for instruction.

     (8) "Faculty" shall mean any person employed on a full or part-time basis as a teacher, instructor, counselor, coach or librarian for the college or an affiliated institution.

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

     (((9))) (10) "Employee" shall mean any classified, faculty, administrator, exempt, student worker or volunteer person of the college or an affiliated institution.

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

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

     (((12))) (13) "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 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))) (14) "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))) (15) "Trespass" shall be defined in accordance with chapter 9A.52 RCW.

     (((15))) (16) "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))) (17) "RCW" shall mean the Revised Code of Washington.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-010, filed 4/6/98, effective 5/7/98. 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.]

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-030, filed 4/6/98, effective 5/7/98; 80-10-053 (Order 80-1, Resolution No. 10-80), § 132B-120-030, filed 8/6/80.]

     (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)) distributing any liquor as defined in RCW 66.04.010, ((in violation of law or in a manner which disrupts a college activity)) when present at or engaged in any college sponsored activity with the exception of sanctioned events approved by the president or designee and in compliance with state law.

     (3) Using, possessing, ((selling)) distributing 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.

     (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.

     (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 either physical or verbal which interferes with the rights of others or ((which)) that obstructs or disrupts teaching, learning, research, services, activities 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.

     (a) 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.))

     (b) 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) Providing false information to the college or 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.)) Computer violations which include, but are not limited to:

     (a) Gaining access, without authorization, to a computer system or network, or electronic data owned, used by, or affiliated with Grays Harbor College;

     (b) Unauthorized use of another individual's account, identification or password;

     (c) Use of computer facilities to interfere with the work of another student, faculty member, college employee or computer network operations;

     (d) Use of computer facilities to send or solicit obscene, abusive, bothersome or harassing messages;

     (e) Use of college e-mail accounts to intentionally disseminate viruses, destructive, malicious or invasive programs;

     (f) Use of college computers or systems for other than educational purposes;

     (g) Use of college computer equipment to participate in illegal or unauthorized activities;

     (h) 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.

     (22) The breech of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular trade, skill, craft or profession for which the student is taking courses or is pursuing as their educational goal.

     (23) Malicious harassment that involves intimidation or bothersome behavior directed toward another person because of, or related to that person's race, color, religion, gender, sexual orientation, ancestry, national origin, or mental, physical or sensory disability.

     (24) Unauthorized use of college equipment, facilities or supplies. Use of college equipment, facilities, supplies, or computer systems for personal gain without proper authority.

     (25) Violation of federal, state or local law in college facilities or at college-sponsored or supervised activities.

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

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-040, filed 4/6/98, effective 5/7/98; 80-10-053 (Order 80-1, Resolution No. 10-80), § 132B-120-040, filed 8/6/80.]

     (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;

     (e) Are in compliance with procedures established in Administrative Procedure 516.03.

     (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; and are in compliance with procedures established in Administrative Procedure 516.03 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.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-065, filed 4/6/98, effective 5/7/98.]

     (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 vice-president for student services.)) Faculty have the authority to take appropriate action 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 faculty member may remove a student for the single class session in which disruptive behavior occurs. The instructor will report any such exclusion from the class to the vice-president for student services or designee who may initiate further conduct proceedings as provided in this procedure.

     The vice-president or designee may impose a disciplinary probation that restricts the student from the classroom until the student agrees to comply with the specific conditions outlined for classroom conduct or until an investigation is complete. The student may appeal the disciplinary sanction according to appeal procedures.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-080, filed 4/6/98, effective 5/7/98; 80-10-053 (Order 80-1, Resolution No. 10-80), § 132B-120-080, filed 8/6/80.]

     (((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.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-085, filed 4/6/98, effective 5/7/98.]

     (2))) Judicial authority. The vice-president for student services, designee, or in his/her absence, the vice-president for instruction of the college is responsible for initiating 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.

     (2) Initiating the process. Any infractions of college rules and regulations may be referred by any student or employee to the vice-president for student services, designee or in his/her absence the vice-president for instruction. Sexual harassment complaints or concerns may be directed to the vice-president for student services or human resources office.

     (3) Disciplinary process (except summary suspension).

     (a) The vice-president for student services and/or the vice-president for instruction or his/her designated representative will initiate disciplinary proceedings.

     (b) 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))) (c) 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))) (i) Terminate the proceeding, exonerating the student or students.

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

     (((c))) (iii) Impose verbal warning or reprimand not subject to student's right of appeal.

     (iv) Impose additional 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)), the reason for the decision and information about the appeals process.

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

     (((4))) (d) If the student fails to appear at the scheduled meeting without prior notification or evidence of extenuating circumstances, the vice-president may impose any sanctions authorized by this code.

     (e) The written decision of the vice-president shall become final unless appealed.

     (f) If a referral or an appeal is made to the student((/faculty disciplinary)) conduct committee, the committee shall hold a hearing, reach conclusions and may impose sanctions.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-120, filed 4/6/98, effective 5/7/98. 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.]

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

     (((a))) (1) Disciplinary warning. Constitutes oral notice of violation of college rules and regulations.

     (((b))) (2) 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))) (3) Disciplinary probation. Formal action placing conditions upon the student's continued attendance. 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))) (4) Restitution. Compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement.

     (((e))) (5) 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))) (6) 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))) (7) 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 for a period of time 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 termination of student status.

     (j) Expulsion. Permanent termination of student status from the college.

     (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.

     (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.)) (8) Summary suspension:

     (a) Temporary dismissal from the college for a period of time 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.

     (b) 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.

     (c) 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. (See WAC 132B-120-130.)

     (9) Suspension. Temporary dismissal from the college and termination of student status. 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 college facilities.

     (10) Deferred suspension. Notice of suspension from the college contingent on meeting condition(s) specified. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.

     (11) Expulsion. Permanent termination of student status from college.

     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.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-130, filed 4/6/98, effective 5/7/98; 80-10-053 (Order 80-1, Resolution No. 10-80), § 132B-120-130, filed 8/6/80.]

     (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)) conduct 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)) one day((s)) per episode. Any such summary action may be appealed to the vice-president for student services for an informal hearing.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-135, filed 4/6/98, effective 5/7/98.]

     (((a))) (1) A member appointed by the president of the college who shall serve as chair;

     (((b))) (2) Two members of the faculty, appointed by the president of the faculty association;

     (((c))) (3) 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.

     In hearings before the committee, an assistant attorney general may be requested to assist the committee.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-170, filed 4/6/98, effective 5/7/98. 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.]

     (((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))) (1) 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.

     (((4))) (2) 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 and pay 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))) (3) 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))) (4) 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))) (5) Hearings conducted by the committee ((may)) will 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.

     (6) The vice-president of student services or designee shall make the first presentation and present witnesses. The student may then make a presentation and present witnesses. Either side may offer a rebuttal.

     (7) The chairperson may receive sworn written statements in lieu of oral testimony at the hearing. The chairperson shall admit matters into evidence that reasonable persons would accept as having value in the conduct of their affairs. Unduly repetitive or irrelevant evidence may be excluded.

     (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))) During the hearing, such record will be available to the student conduct committee, the student and student's attorney and any other college official designated by the chairperson for inspection and copying in the office of the chairperson during regular business hours. Following the conclusion of the conduct proceeding, access to records of the case and hearing file will be kept in the office of the vice-president for student services and limited to those designated by the college president.

     (11) The student will be provided with a copy of the findings of fact and with the conclusions of the committee.

     (12) Appeal of the committee's decision. 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))) (13) 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). 98-09-012, § 132B-120-180, filed 4/6/98, effective 5/7/98. 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.]

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

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

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

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-190, filed 4/6/98, effective 5/7/98. 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.]

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-200, filed 4/6/98, effective 5/7/98; 80-10-053 (Order 80-1, Resolution No. 10-80), § 132B-120-200, filed 8/6/80.]

     (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.

[Statutory Authority: RCW 28B.50.140(13). 98-09-012, § 132B-120-220, filed 4/6/98, effective 5/7/98.]

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