Original Notice.

Preproposal statement of inquiry was filed as WSR 98-07-007.

Title of Rule: Student rights and responsibilities.

Purpose: Inform students of their rights and responsibilities while attending Yakima Valley Community College.

Statutory Authority for Adoption: RCW 28B.50.140.

Summary: Update language; update procedures for student complaints; add sexual harassment policy, expand violations to include specifics on plagiarism.

Reasons Supporting Proposal: Regulations are eighteen years old. These changes bring rights and responsibilities up to date.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jane Rider, Student Life Coordinator, HUB 110, (509) 574-4775.

Name of Proponent: Jane Rider, Student Life Coordinator, Yakima Valley Community College, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Informs students of their rights and responsibilities while attending YVCC.

The purpose is to ensure that students maintain high standards of integrity and honesty; that they respect the rights, privileges and property of other members of the college community and do not interfere with legitimate college affairs and that they, in turn, receive the same guarantees.

Effects: A free, creative, and spirited educational environment for students, faculty and staff.

Proposal Changes the Following Existing Rules: Updates language; expands and details procedures for hearing student complaints including sexual harassment; adds section on plagiarism.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact to businesses in our area.

RCW 34.05.328 does not apply to this rule adoption. Does not apply to Yakima Valley Community College.

Hearing Location: Yakima Valley College Boardroom, on May 11, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Mark Cornett by May 6, 1999, TDD (509) 574-4961, or (509) 574-4600.

Submit Written Comments to: Jane Rider, fax (509) 574-4649, by May 10, 1999.

Date of Intended Adoption: June 5, 1999.

March 25, 1999

Suzanne M. West

Assistant to the President

OTS-2679.2

AMENDATORY SECTION(Amending Resolution No. 81-4, filed 12/21/81)

WAC 132P-33-010
Preamble.

Yakima Valley Community College is dedicated not only to learning and the advancement of knowledge but also to the development of ethically sensitive and responsible persons.  It seeks to achieve these goals through a sound educational program and policies concerning conduct that encourage independence and maturity while strengthening the spirit of mutual cooperation and responsibility shared by all members of the college community.  Sharing goals held in common, the students, faculty, and staff of Yakima Valley Community College are joined in voluntary association in an educational community.

The student is, first of all, a member of the community at large, and as such, is entitled to the rights and responsibilities of any citizen of comparable age and maturity.  In addition, students, as members of the college are in the unique position of being citizens of two communities, subject to the regulations imposed by both and accountable to both.

Yakima Valley Community College expects that students will respect the laws of the greater society.  As an agency of the state of Washington, the college must respect and adhere to the regulations established by local, state, and federal authorities.  As an educational institution, it has the added responsibility for assisting students in gaining an understanding of the law and its function, and the responsibilities imposed upon each individual in a democratic society to respect and support the legal structure which protects the individual and the society.  As a functioning organization, ((it)) the college also has the responsibility to develop a set of regulations to assure the orderly conduct of the affairs of the college.

Admission to the college carries with it the expectation that students will conduct themselves as responsible members of the college community, that they will comply with the rules and regulations of the college, maintain high standards of integrity and honesty, respect the rights, privileges and property of other members of the college community and will not interfere with legitimate college affairs.

An atmosphere of learning and self-development is created by appropriate conditions in the college community.  The rights and responsibilities in this document are critical ingredients in the free, creative, and spirited educational environment to which the students, faculty and staff on Yakima Valley Community College are committed.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-010, filed 12/21/81.]

As used in this code of student rights and responsibilities the following words and phrases shall mean:

(1) "YVCC senate" means the representative governing body for students at Yakima Valley Community College recognized by the board of trustees.

(2) "Assembly" means 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.

(3) "Board" means the board of trustees of Community College District 16, state of Washington.

(4) "College" means Yakima Valley Community College located within Community College District 16, state of Washington.

(5) "College facilities" means and includes any or all real and personal property owned or operated by the college and shall include all buildings and appurtenances affixed thereon or attached thereto.

(6) "College personnel" refers to any person employed by Community College District 16 on a full-time or part-time basis, except those who are faculty members.

(7) "Disciplinary action" means and includes suspension or any lesser sanction of any student by the dean of students, the student hearing committee, college president, or the board of trustees for the violation of any of the provisions of the code of student rights and responsibilities for which such sanctions may be imposed.

(((a))) The college president or designee shall have the authority to take any disciplinary action including the authority to suspend any student of the college ((for a period not to exceed ten academic calendar days.

(b) The college president or designee shall have the authority to take any disciplinary action including the authority to suspend any student of the college)).

(8) "District" means Community College District 16, state of Washington.

(9) "Faculty member(s)" means any employee of Yakima Valley Community College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments.

(10) "President" means the duly appointed chief executive officer of Yakima Valley Community College, District 16, state of Washington, or in his/her absence, the acting chief executive officer.

(11) "Recognized student organization" means and includes any group or organization composed of students which is recognized formally by the student government of the college.

(12) A "sponsored event or activity" means any activity that is scheduled by the college and is supervised and controlled by the college's faculty members or college personnel.  Such sponsorship shall continue only as long as the event is supervised and controlled by the college faculty member or college personnel.  When the sponsored event or activity is of a prolonged nature, and free time periods are permitted to the students participating in the event, any activity taking place during such a free time period outside of the supervision and control of the college's faculty member or college personnel responsible for the event or activity shall be deemed to be a nonsponsored activity.

(13) "Student," unless otherwise qualified, means and includes any person who is enrolled for classes or formally in the process of applying for admission to the college.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-020, filed 12/21/81.]

Students bring to the campus a variety of interests previously acquired and develop many new interests as members of the college community.  They are free to organize and join associations to promote any legal purpose, whether it be religious, political, educational, recreational, or social.

Student organizations must be granted a charter by the college student government before they may be officially recognized.  Prior to becoming chartered, a student organization must submit to the student government a statement of purpose, criteria for membership, a statement of operating rules or procedures, and the name of a college employee who has agreed to serve as advisor.  All student organizations must also submit to the student government a list of officers and keep that list updated when changes occur.  In order to qualify for issuance of a charter, a student organization must be open to all students without respect to race, sex, creed, or national origin, except for religious qualifications which may be required by organizations whose aims are primarily sectarian, or for other reasonable justifications which are directly related to the purposes of the organization.  Affiliation with a noncampus organization shall not be grounds for denial of a charter provided that other conditions for the charter issuance have been met.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-080, filed 12/21/81.]

In compliance with the Family Educational Rights and Privacy Act, this policy has been created to insure continued confidentiality of student records at the college and govern the release of personally identifiable information contained within.

(1) Education record.  Education records are defined as those records, files, and documents containing information directly pertaining to a student.  At Yakima Valley Community College these are:

(a) Records pertaining to admission, advisement, registration, grading and progress ((to)) toward a degree that are maintained by the registrar.

(b) Testing information used for advisement and counseling purposes by the counseling center.

(c) Information concerning payment of fees as maintained by the business office.

(d) Financial aid information as collected by the financial aid office.

(e) Information regarding students participating in student government or athletics that is maintained by the student programs office.

(2) Access to education records.  Students who are or have attended the college have the right to examine or review their personal records, as defined above, by submitting to the registrar a written request indicating education records to which access is desired.

Note:

Charges may be assessed for reproduced copies of education records.

(3) Directory information.  The following information is considered "directory information" and thus may be disclosed without consent of the student, unless otherwise directed by the student, at any time, to the registrar in writing: The student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) Disclosure from education records.  In addition to directory information the college will, at its discretion, make disclosures from education records of students with the student's prior written consent or to the following listed parties:

(a) College officials including college administrative and clerical staff, faculty, and students where officially elected or appointed to the ASYVCC senate or employed by the college.  Access or release of records to the above is permissible only when the information is required for advisement, counseling, record keeping, reporting, or other legitimate educational interest consonant with their specific duties and responsibilities.

(b) To officials of another school in which the student seeks or intends to enroll.

(c) To authorized federal, state, or local officials as required by law.

(d) In connection with financial aid for which the student has applied or received.

(e) To accrediting organization, or organizations conducting studies for or on behalf of the institution.

(f) To appropriate parties in a health or safety emergency.

(g) To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954, upon receipt of a written affidavit stating that the student is a dependent for income tax purposes.  This, however, will not affect the other rights of the student.

In cases where consent of the student is required for release of education records, the student shall in writing, signed and dated by the student, specify: The records to be disclosed, the purpose or purposes of the disclosure, and the name of the party or parties to whom the disclosure can be made.

When personally identifiable information is released without prior consent of the student, other than directory information and information released to college officials or the student, the college official in charge of these records will record the names of the parties who have requested information from education records and the nature of the interest in that information.

Educational records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student.  The college is not precluded from permitting their party disclosures to other parties listed in subsection (4)(a) through (g) of this section.

(5) Challenge of education records.  Students who believe that information contained in their education records is inaccurate, misleading or violates the privacy of other rights of the student may request in writing to the appropriate college official that the college amend their record(s).  The college official(s) will make every effort to settle disputes through informal meetings and discussion with the student.

In instances where disputes regarding contents of education records cannot be resolved by the parties concerned, the college official involved shall advise the student of the right to a hearing through a written request to the registrar or dean of students.  Should the registrar or dean of students deem that the education records in question are inaccurate or misleading, he or she can ask that the records be amended by the appropriate college official.  If the education records are held to be accurate, the student shall be granted the opportunity to place within those records a personal statement commenting upon the information contained within.

Each eligible student is afforded the right to file a complaint concerning alleged failures by the college to comply with the requirements of the act.  The address of the office designated to investigate, process, and review violations and complaints which are filed is:

The Family Educational Rights and

Privacy Act Office (FERPA)

Department of Health, Education, and Welfare

330 Independence Avenue, SW

Washington, DC 20201

Copies of the Federal Register pertaining to the Family Education Rights and Privacy Act may be obtained from:

Superintendent of Documents

US Government Printing Office

Washington, DC 20402

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-100, filed 12/21/81.]

Student complaints regarding academic employees (faculty) are governed by the negotiated policy agreement between the faculty and college board of trustees.  ((Students with complaints about academic employees may contact the dean of students, director of student programs and activities, or division chairs for further information.))

Complaints regarding the staff and administrators shall be brought to the attention of the appropriate dean or the college president.

Any enrolled student who has a complaint concerning an alleged violation of his or her rights as a student of Yakima Valley Community College, has the opportunity to seek resolution of such complaint. A complaint under this section is defined as a violation of a legal right or a discriminatory act made against a student based upon his or her gender, color, race, national origin, age, religion, disability, or veteran status.

Any student who wishes to file a formal complaint against the president of the college shall submit his or her complaint directly to the board of trustees of Community College District 16.

A student who wishes to file a formal complaint against an administrator (other than the college president), or staff member must address the complaint to the dean of students within ten working days of the alleged act or acts. All complaints must be submitted in writing as detailed by the Yakima Valley Community College formal complaint form. A complaint made by a recognized student group must also include the written minutes from the meeting in which the student group voted to file a formal complaint and the complaint must be signed by the president of the student group. Any administrator or staff member who has a formal complaint filed against him or her has the right to be informed of the complaint and the allegations within two working days of its filing. An impartial investigation will take place in order to obtain the necessary facts. Any person contacted through this investigation process shall treat any information, including, but not limited to, the questions being asked, the names of the complainant and/or the administrator or staff person and the allegations themselves as confidential and shall not publicly discuss any information as stated above nor the allegations until such time as a hearing has been held or other resolution to this complaint has been made.

At any time during this process, the administrator or staff person involved shall retain his/her due process rights with regard to disciplinary action, including, but not limited to, the right to have a representative of his/her own choosing present at any or all meetings involving the alleged complaint.

The investigation shall provide facts involving the alleged allegation(s) and at a minimum include a taped interview of the complainant, the individual alleged to have committed a violation of rights or an act of discrimination, and any witnesses to the alleged conduct. Students may request a representative from the associated student body of Yakima Valley Community College to attend any meeting required during the investigative process. At no time shall any representative interfere with the investigation. The investigation shall commence within two weeks of receipt of the formal complaint and the independent investigator shall make a nonbinding recommendation to the dean of students stating that the complaint is unfounded or that the complaint has merit. The student life coordinator shall file a written report with the dean of students who shall notify and submit documentation to the dean, vice-president, or college president, as appropriate, within thirty days of receipt of the investigation report recommending one of the following three outcomes:

(1) The complaint is without merit and no further action is warranted;

(2) There is an agreed upon negotiated settlement of the matter; or

(3) The complaint has merit and further action should be taken.

Should disciplinary action be recommended, all steps as outlined in the negotiated agreements between the board of trustees of Yakima Valley Community College and the staff, and all applicable laws, shall be followed. Should disciplinary action be recommended with regard to an administrator, the determination shall be made by the immediate supervisor and/or the college president, as deemed appropriate.

Complaints that do not deal with gender, color, race, national origin, age, religion, disability, or veteran status, will first follow an informal process in which the dean of the department in which the complaint has originated, or the supervisor of the person of which the complaint is directed, will be notified and steps will be taken to informally resolve the complaints. If the complaint cannot be resolved informally, the above procedures will be implemented. Formal complaint forms can be obtained from the student life coordinator and the dean of students.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-120, filed 12/21/81.]

The college is committed to eliminating sexual harassment and providing an environment respecting the dignity of employees and students. Sexual harassment demonstrates a lack of decency, integrity, and professionalism. It debases the workplace and classroom environment.

(1) Definition. Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: The inappropriate introduction of sexual activities or comments into the work or learning situation. Often, sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors becomes a criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behavior have a harmful effect on a person's ability to study or work in the academic setting.

(2) General. For general policy purposes, the term sexual harassment may include, without limitation, such behavior as unwelcome sexual advances, requests for sexual favors and other physical or verbal conduct and expressive behavior of a sexual nature where:

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

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

(c) Such conduct has the purpose or effect of interfering with an individual's academic or professional performance or creating an intimidating, hostile, demeaning employment or educational environment.

(3) Grievance procedures.

(a) A student who feels he/she has been subjected to harassment should report the incident(s) to the "college representative." Students who are contacted by another student or college employee regarding a sexual harassment grievance should direct those grieving to the college representative.

(b) The student life coordinator for students. The college representative shall be the ombudsman between the person allegedly subjected to harassment and the grievance process and procedure. The college representative may, in any appropriate case and with the written authorization of the president, designate another employee of the college to act as the college representative. Any person so designated shall in all ways act with the authority of the college representative.

(c) The college representative will provide a supportive, receptive, and confidential environment while listening to the grievant's concern.

(d) The college representative will delineate and discuss with the student, available options in handling and coping with their situation.

(e) The college representative shall provide guidance and referral to available support services, assistance in weighing the options, and potential dangers.

(f) The student who files a grievance complaining of sexual harassment (the grievant) may be accompanied by a friend or advisor when reporting the incident to the college representative.

(g) The grievant may also submit a brief written statement including the date, place, time, status of the accused, and a description of the circumstances and events that occurred.

(h) After the college representative has heard the grievant's complaint and has suggested any available support services, the college representative shall investigate the complaint. An investigation shall be conducted in all cases unless the grievant, after meeting with the college representative, decides to withdraw the grievance.

(i) The college representative's investigation shall be based upon specific information. Charges may be submitted in writing by the grievant or prepared by the college representative and approved by the grievant.

(j) Investigation of complaints shall be kept in confidence and designed to protect the rights of both the grievant and the party accused (respondent).

(k) The college representative shall provide the respondent with a copy of the written charges. The respondent must reply in writing within five calendar days of receipt of the charges.

(l) The college representative will conduct a thorough investigation including, but not limited to, providing both the grievant and respondent the opportunity to state their positions and interview witnesses. The investigation shall be concluded within ninety days of receipt of written complaint. During the course of the investigation the grievant and respondent shall be included in the process and have access to the relevant documentation.

(m) Records will be kept during the investigation and shall be kept in a confidential manner by the college representative.

(n) Retaliation against the grievant during or after the grievance process is expressly forbidden and constitutes grounds for a separate grievance or other institutional action.

(o) At the close of the investigation, the college representative shall reduce his/her findings and recommendations to writing and shall present those findings and recommendations to the "appointing authority" where the respondent is a college employee, or the "disciplinary authority" where the respondent is a college student.

(p) The appointing authority/disciplinary authority shall consider the findings and recommendations of the college representative. Following consideration, the appointing authority/disciplinary authority shall determine whether or not disciplinary/corrective action is warranted. The grievant shall be advised of college action on her/his grievance at that time.

(q) Should the appointing authority determine that disciplinary/corrective action should be considered, applicable provisions of employee rights and responsibilities shall be utilized. These include, but are not limited to, state and federal constitutional and statutory provisions, rules of the state personnel resources board, collective bargaining agreements and college policies.

[]

In any instance where an administrator of the district receives a substantive complaint about the performance of an academic employee from students or the public or from personnel in the district, the administrator shall so notify the employee's supervising administrator and shall refer the complaint to that administrator. The academic employee shall be notified of the complaint by the supervising administrator within thirty days of the administration's first cognizance of the complaint.

The supervising administrator and the academic employee shall then meet in a timely manner to discuss the complaint informally and, if possible, to resolve it. Such meeting shall normally take place during the academic employee's assignment period and shall ordinarily (except under extraordinary or emergency circumstances) be held prior to any other investigation of the complaint. If disciplinary action is deemed appropriate by the supervising administrator following such meeting(s), he or she shall proceed in accordance with Section 15.4 regarding progressive discipline.

No disciplinary action shall result from a complaint unless the complaint has been reduced to writing, dated, and signed by the complainant and presented to the affected employee by the supervising administrator prior to any such disciplinary action.

Nothing in this section shall be construed as taking the place of normal evaluation procedures as required elsewhere in this agreement, nor as taking the place of dismissal procedures as set forth in Article XI of this agreement. The employee shall have the right to YVCFT representation in implementation of this section.

[]

The college encourages free expression.  Use of college facilities as provided herein, however, does not accord users immunity from legal action.

Permission for posting of literature in the various restricted areas provided therefore, shall be obtained from the following college officials:

(1) The ((director of student programs)) student life coordinator for posting on the restricted posting areas of the HUB and those areas located on the campus outside of college buildings.

(2) Deans and directors for posting on the restricted posting areas provided in the appropriate college facility.

ASYVCC campaign rules govern special poster and sign locations for elections.  Information on these special policies and regulations is available in the ASYVCC office.

Posting of posters, signs, and other publicity or promotional materials is permitted only in the locations specified above.  All material sought to be posted in restricted posting areas must have the identity of its sponsorship appearing on its face.

The dissemination or distribution of materials by persons on the public streets, walks and ways of the campus or off-campus college facility, shall be subject to the laws of the particular city, state of Washington, and the United States.

Permission for the dissemination or distribution of materials in other areas of the college campus, buildings and facilities shall be obtained from the ((director of student programs)) student life coordinator.  Persons distributing materials without permission shall be subject to the provisions of the Code of student rights and responsibilities.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-130, filed 12/21/81.]

Any recognized ASYVCC organization may request approval from the ((director of student programs)) student life coordinator to utilize available college facilities for authorized activities as provided for in official ASYVCC documents.  Facilities will be provided free of charge to the organization except when such use necessitates staffing and services beyond regular college requirements.  Standard college fees will be charged in these cases.

Use of facilities for purposes other than those approved or in an irresponsible manner may result in withdrawal of this privilege for an organization.

Student organizations should schedule facility use requests with the director of student programs as far in advance as possible.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-150, filed 12/21/81.]

The following is a general policy:

(1) Computer and network use at Yakima Valley Community College must be consistent with the mission, policies, and procedures of the college and applicable federal, state, and local laws and regulations. Yakima Valley Community College computers and networking facilities are primarily designated for educational and research purposes.

(2) Users must respect the rights and property of others. Users must not improperly access, misuse, send, or misappropriate information or files. Unauthorized access to systems, software, or data is prohibited.

(3) Yakima Valley Community College computers and network facilities must not be used for commercial purposes or private gain.

(4) Yakima Valley Community College computers and network facilities must not be used to transmit or solicit the transmission of any communication in any form where the content and/or meaning of the message transmitted or distributed would violate any applicable law or regulation.

(5) Users of Yakima Valley Community College computers and network facilities must promote efficient use of the networks. Users must minimize and avoid unnecessary network traffic which might interfere or negatively impact the work of other users of the YVCC network or connected networks. Uses that significantly interfere with the ability of others to make effective use of the network or which disrupt the YVCC network or any connected networks, systems, services, or equipment are prohibited.

(6) Interpretation, application, and modification of this policy will be at the sole discretion of Yakima Valley Community College. Violations may result in loss of computer and network privileges and other penalties as applicable under YVCC policies and federal, state, and local laws and regulations.

(7) Yakima Valley Community College makes no warranty of any kind, expressed or implied, regarding computer resources or services, or the contents of resources or electronic messages over the YVCC campus network or connected networks. Yakima Valley Community College will not be liable in any event for incidental or consequential damages, direct or indirect, resulting from the use of the YVCC campus network or network services.

[]

The trustees, the administration, and the faculty of the college subscribe to the proposition that an important aspect of the education of college students is the opportunity to listen to speakers representing a wide variety of opinions and beliefs on important public issues.  In conformity with the American tradition of free speech and free inquiry, the following policies are established governing the appearance on campus of speakers not themselves members of the college community:

(1) Any recognized ASYVCC student organization with the written sanction of its advisor, may ask individuals to speak on the campus subject to normal restraints imposed by considerations of common decency and the state law.

(2) The appearance of a speaker on the campus does not involve an endorsement, either implicit or explicit, of the speaker's views by the college, its students, its faculty, its administration, or its board of trustees.

(3) The scheduling of facilities for hearing invited speakers shall be made through the office of the ((director of student programs)) student life coordinator.

(4) The ((director of student programs)) student life coordinator or designee will be notified at least three academic calendar days prior to the appearance of an invited speaker, at which time a form (available in the student programs office) must be completed with such particulars as name of speaker, speech or discussion topic, time of appearance(s) and sponsoring organization.  The form must bear the signature of the sponsoring organization's advisor.  Exceptions to the three day ruling may be made by the ((director of student programs)) student life coordinator with the approval of the dean of students.

(5) The dean of students may require views other than those of the invited speaker to be presented at the meeting, or at a subsequent meeting.  The campus president may assign a faculty member to preside over any meeting where a speaker has been invited.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-160, filed 12/21/81.]

Any student shall be subject to immediate disciplinary action provided for in code procedures and summary suspension rules who, either as a principal actor or aider or abettor:

(1) Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college;

(2) Violates any provision of the Code of student rights and responsibilities;

(3) Commits any of the following acts which are hereby prohibited:

(a) All forms of dishonesty including cheating, plagiarism, knowingly furnishing false information to the college, and forgery, alteration or use of college documents or instruments of identification with intent to defraud.

(b) Failure to comply with lawful directions of faculty, administrators and other regularly employed personnel acting in performance of their lawful duties.

(c) Conduct which intentionally and substantially obstructs or disrupts freedom of movement, teaching, research administration, disciplinary proceedings or other lawful activities on the college campus.

(d) Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on college-owned or controlled property or at college-sponsored or supervised functions.

(e) Malicious damage to or malicious misuse of college property, or the property of any person where such property is located on the college campus.

(f) Refusal to comply with any lawful order to leave the college campus or any portion thereof.

(g) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the college campus, except for authorized college purposes; unless prior written approval has been obtained from the dean of students, or any other person designated by the campus president.

(h) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct.  (Inciting is that advocacy which prepares the group addressed for imminent action and steers it to the conduct prohibited herein.)

(i) Possessing, consuming or furnishing of alcoholic beverages on college-owned or controlled property or at college-sponsored or supervised functions where prohibited by law.

(j) Disorderly conduct, including disorderly conduct resulting from drunkenness.

(k) Engaging in lewd, indecent, or obscene behavior on college-owned or controlled property or at college-sponsored or supervised functions.

(l) Using, possessing, furnishing, or selling any narcotic or dangerous drug as those terms are used in Washington statutes, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist.

(m) 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.

(n) Theft or conversion of college property or private property.

(o) Entering any administrative 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.

(p) Buying, copying, borrowing, or otherwise plagiarizing another's images, ideas, evidence, examples, opinions, or other original products or documents from published, unpublished, or electronic sources for the purpose of deceiving an instructor as to the product's origination.

(q) Plagiarism is "the wrongful act of taking the product of another person's mind and presenting it as one's own" (qtd. In MLA Handbook for Writers of Research Papers, 4th Edition, 26). Plagiarism occurs when an author fails to give credit for:

• Someone else's words;

• Someone else's examples;

• Someone else's ideas or opinions;

• Statistics or other facts compiled by someone else;

• Evidence or testimony taken from someone else's argument;

• An image from another artist.

(i) YVCC recognizes two types of plagiarism: Intentional and unintentional. Intentional plagiarism is the dishonest act of appropriating another's ideas, words, facts, opinions, or images with the intent to deceive others about the document's origin. Any student found to have committed intentional plagiarism shall be subject to disciplinary actions provided for in the Code Procedures and Summary Suspension Rules.

(ii) Students may also commit plagiarism without intent to deceive. A student's intent to deceive shall be taken into account when instructors evaluate an act of plagiarism. All forms of plagiarism which an instructor determines to be unintentional should be treated as instructional problems to be handled within the student/instructor relationship with the instructor following, but not limited by, the penalty guideline below:

(A) Student must resubmit the assignment after instruction but before an agreed upon due date.

(B) Student can receive a lowered grade on the assignment, including "F."

(C) Student can be advised to seek aid from the writing center or tutoring center as a condition before receiving a grade or resubmitting an assignment.

The instructor need not take formal disciplinary action for unintentional plagiarism.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-170, filed 12/21/81.]

(1) Appeals contesting recommendations of disciplinary action(s) shall be taken in the following order:

(a) Disciplinary action taken by or at the recommendation of the dean of students or designated representative may be appealed to the student hearing committee;

(b) Disciplinary recommendations made by the student hearing committee may be appealed by the student to the college president; in the case of a recommendation for suspension it may also be appealed to the college president; all decisions by the president or designee are final.

(((c) Disciplinary action taken by the college president and resulting in suspension exceeding in duration one college quarter may be appealed by the student to the board of trustees and their decision shall be final.))

(2) All appeals by a student must be made in writing to the committee, college president or designee or board of trustees ((and presented to the committee, college president or designee or chairman of the board of trustees)) within ten calendar days after the student has been notified of the action from which he/she has a right of appeal.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-210, filed 12/21/81.]

(1) Composition.  The college shall have a standing committee composed of nine members, who shall be chosen and appointed no later than October 15 of each year to serve as a standing committee until their successors are appointed.  The membership of the standing committee shall consist of three members of the administration, excepting the dean of students, chosen by the college president; three faculty members chosen by the faculty organization; and three students chosen by the ASYVCC senate.  Any student entitled to a hearing before a student hearing committee shall choose, in writing, five members of the standing committee to hear and decide the appeal, provided, the student must choose at least one student, one faculty member and one member of the administration from the nine member standing committee.  The balance of the student hearing committee, two members, may be chosen from the remainder of the standing committee, provided that both shall not be from the same classification.  If a hearing is to be conducted for a student from a specialized program (i.e., allied health, vocational-technical), an additional member will be appointed to the hearing committee by the division involved.  In the event that unforseen circumstances prevent a previously selected committee member from attending the hearing, the student must choose a replacement from among the balance of the standing committee.

(2) Procedures for hearing.

(a) Five members of the student hearing committee will hear, de novo, and make recommendations to the college president or designee on all disciplinary cases appealed to the committee by the student or referred to it by the dean of students or designated representative.  Recommendations involving suspension will be referred to the college president or designee.

(b) The student hearing committee shall elect from among its five members a ((chairman)) chair for the purpose of presiding at the disciplinary hearing.

(c) Hearings generally will be held in closed session, except when a student requests that persons other than those directly involved be invited to attend.  If at any time during the conduct of a hearing any person is disruptive of the proceedings, the ((chairman)) chair of the student hearing committee may exclude such person from the hearing room.

(d) The student has a right to a fair and impartial hearing before the committee on any charge of violating a provision or provisions of the Code of student rights and responsibilities.  The student's failure to cooperate with the hearing procedures hereinafter outlined, however, shall not preclude the committee from making its findings of fact, conclusions and recommendations as provided below.  Failure by the student to cooperate may be taken into consideration by the committee in recommending to the college president or designee the appropriate disciplinary action.

(e) The student shall be given written notice of the time and place of the hearing before the committee.  Said notice shall contain:

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

(ii) A statement of the specific charges against the student including references to the particular sections of the Code of student rights and responsibilities involved;

(iii) 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.

(f) The student shall be entitled to hear and examine the evidence against him/her and be informed of the identity of its source; the student shall be entitled to present evidence in his/her own behalf and cross-examine witnesses testifying against him/her as to factual matters.  The student shall have all authority possessed by the college to obtain information that the student specifically describes, in writing, and tenders to the dean of students no later than three days prior to the hearings or to request the presence of witnesses or the production of other evidence relevant to the hearings.

(g) The student may be represented by counsel of his/her choice at the disciplinary hearings.  If the student elects to choose a duly licensed attorney admitted to practice in any state in the United States as counsel, the student must tender three days notice thereof to the dean of students.

(h) In all disciplinary proceedings the college may be represented by the dean of students or designee; the dean of students may then present the college's case against the student accused of violating the Code of student rights and responsibilities, provided, that in those cases in which the student elects to be represented by a licensed attorney, the dean of students may elect to have the college represented by an assistant attorney general.

(i) The proceedings of the hearing shall be recorded.  A copy thereof shall be on file at the office of the dean of students.

(j) The time of the hearing may be advanced by the committee at the request of the student or continued for good cause.

(3) Admissible evidence.

(a) Only those matters presented at the hearing in the presence of the accused student will be considered in determining whether the student hearing committee has sufficient cause to believe that the accused student is guilty of violating the rules that the student is charged with having violated.

(b) In determining whether sufficient cause, as stated in the preceding paragraph (a) of this subsection, does exist, members of the student hearing committee shall give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.

(c) The ((chairman)) chair of the student hearing committee shall, in the course of presiding at the disciplinary hearing, give effect to the rules of privilege recognized by law and exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.

(4) Interference with proceedings.  Any student interfering with the proceedings of the meeting with the dean of students or the formal hearing or any subsequent hearing shall be in contempt of the proceedings and may be summarily suspended from the college by the dean of students or the student hearing committee or the college president or designee, ((or the board of trustees at the time the interference takes place or)) within fifteen academic calendar days thereafter.

(5) Decision by the committee.

(a) Upon conclusion of the disciplinary hearing, the student hearing committee shall consider all the evidence therein presented and decide by majority vote whether to recommend to the college president or designee the following actions:

(i) That the college terminate the proceedings and exonerate the student or students;

(ii) That the college impose minor sanctions directly, such as, but not limited to, a warning, reprimand, fine, restitution, or disciplinary probation;

(iii) That the student be suspended from college including a recommendation of the duration of suspension.

(b) The student shall be provided with a copy of the committee's findings of fact and conclusions regarding whether the student did violate any rule or rules of the Code of student rights and responsibilities and the committee's recommendation to the college president or designee.  The committee shall also advise the student in writing of the right to present within ten calendar days, a written statement to the college president or designee appealing the recommendation of the committee.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-220, filed 12/21/81.]

(1) The college president or designee (except the dean of students) shall, after reviewing the record of the case prepared by the student hearing committee together with any statement filed by the student, include therein a written acceptance of the recommendations of the committee, or written directions as to what ((lesser disciplinary)) sanction shall be taken.

(2) If the college president or designee decides that discipline is to be imposed after the review provided by subsection (1) of this section, the college president or designee shall notify the student in writing of the discipline imposed.

(3) In all cases of disciplinary action, the decision of the college president or designee shall be final ((except for those cases involving suspension if the suspension has been appealed to the board)).

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-230, filed 12/21/81.]

Students who have been suspended pursuant to disciplinary procedures set forth in code procedures of summary suspension rules, and whose suspension upon appeal is found to have been unwarranted shall be provided the opportunity to reestablish their academic and student standing ((to the extent possible within the abilities of the college)) pursuant to college policy, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-260, filed 12/21/81.]

The college president or designee may suspend any student of the college ((for not more than ten academic calendar days)) pending investigation, action or ((persecution)) prosecution on charges of an alleged Code of student rights and responsibilities violation or violations, and if the college president or designee has reason to believe the student's physical or emotional safety and well-being, or the safety and well-being of the other college community members, or the safety and well-being of the college property command such suspension.

[Statutory Authority: RCW 285.50.140 [28B.50.140].  82-01-079 (Resolution No. 81-4), § 132P-33-270, filed 12/21/81.]

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