Date of Adoption: January 9, 2002.

     Purpose: To make changes to the student conduct code.

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

      Adopted under notice filed as WSR 01-22-096 on November 6, 2001.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 16, 2002

N. P. Robinson

Vice-President for

Operations and Facilities

OTS-5214.1

AMENDATORY SECTION(Amending WSR 00-12-019, filed 5/26/00, effective 6/26/00)

WAC 495C-120-040   Student misconduct.   Disciplinary action may be taken for a violation of any provision of this student code, for a violation of other college rules which may from time to time be properly adopted, or for any of the following types of misconduct:

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

     (2) Behavior in the classroom or at a college function that is disruptive to the teaching and learning environment;

     (3) Engaging in lewd, indecent, or obscene behavior;

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

     (((4))) (5) Dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college;

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

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

     (((7))) (8) Theft from, damage to, or misuse of college premises or property, or theft of or damage to property of a member of the college community or college premises;

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

     (((9))) (10) Possession of firearms, except where approved by state statute;

     (((10))) (11) Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature where such behavior knowingly offends the recipient, causes discomfort, or humiliates or interferes with job performance;

     (((11))) (12) 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;

     (((12))) (13) Actions and/or language directed to others that incites disruptive behavior;

     (14) Verbal or written threats and intimidation;

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

     (((13))) (16) 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;

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

     (18) Violation of any rules or policies pertaining to the use of computer and technology resources.

[Statutory Authority: RCW 28B.50.140(13). 00-12-019, § 495C-120-040, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. 92-19-091, § 495C-120-040, filed 9/16/92, effective 10/17/92.]

     (f) Activities which interfere with educational pursuits or normal life functions.

     (2) Penalties.

     (a) Any organization or association that knowingly permits hazing shall:

     (i) Be liable for harm caused to persons or property resulting from hazing; and

     (ii) Be denied recognition by Clover Park Technical College as an official organization or association on this campus.

     If the organization or association is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

     (b) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships or awards for ninety calendar days.

     (c) Forfeiture of state-funded grants, scholarships or awards shall continue for ninety calendar days, up to and including permanent forfeiture, based upon the seriousness of the violations.

     (3) Disciplinary action may be taken under this chapter for hazing violations.

     (4) Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021.

     (5) Conduct which causes embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation, not amounting to hazing, shall be subject to disciplinary action under this chapter.

[Statutory Authority: RCW 28B.50.140(13). 00-12-019, § 495C-120-041, filed 5/26/00, effective 6/26/00.]

© Washington State Code Reviser's Office