WSR 14-09-009
PERMANENT RULES
WENATCHEE VALLEY COLLEGE
[Filed April 4, 2014, 8:58 a.m., effective May 5, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend existing rules to comply with college policies.
Citation of Existing Rules Affected by this Order: Amending WAC 132W-115-070, 132W-115-080, 132W-115-090, and 132W-115-100.
Statutory Authority for Adoption: RCW 28B.50.140(13).
Adopted under notice filed as WSR 13-21-086 on October 10 [18], 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 26, 2014.
Jim Richardson
President
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-070 Standards of classroom behavior.
Academic honesty and proper classroom conduct is vital to the very fabric and integrity of the college. All students must comply with an appropriate and sound academic honesty policy and code of honest behavior and classroom conduct policy. All members of the college community are responsible for knowing and understanding the statement on academic honesty and classroom conduct. The statement and procedures will be made readily available to all students and faculty to ensure understanding of the academic honesty system and expected classroom conduct and its proper functioning.
Where suspected violations of the academic honesty system occur, appropriate procedures are designed to protect academic integrity while ensuring due process.
(1) Academic dishonesty: Honest assessment of student performance is crucial to all members of the academic community. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:
(a) The college administration and teaching faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty that occur at the college.
(b) Any student who knowingly submits a fraudulent examination, assignment, or any other academic work product shall have committed an act of academic dishonesty. Acts of academic dishonesty shall be cause for disciplinary action.
(c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in (b) of this subsection, shall be subject to disciplinary action.
(d) This section shall not be construed as preventing an instructor from taking immediate disciplinary action when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This action shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.
(2) Classroom conduct: Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.
(a) Any student who substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain class decorum shall be subject to disciplinary action which may include removal from the class.
(b) Any college instructor is authorized to take steps necessary to preserve order and to maintain the effective cooperation of the class in fulfilling course objectives; provided that a student shall have the right to appeal such disciplinary action to the ((dean of)) chief student services officer or designee.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-080 Code of conduct.
Wenatchee Valley College expects that its students ((while within college facilities or attending a college-sponsored activity, will adhere to high standards of honor and good citizenship at all times. Students will always conduct themselves in a responsible manner that reflects credit on themselves and)), both on and off campus, conduct themselves in a manner that maintains high standards of integrity, honesty and morality at all times. A student who does not follow college rules will be subject to such action as may be deemed appropriate by designated college authorities. Conduct, either on or off campus, should be of such nature as not to reflect adversely on the reputation of the individual or the college. Students arrested for violation of criminal law on or off campus may also be subject to disciplinary action by the college. The following misconduct on college facilities is subject to disciplinary action:
(1) Intentionally or recklessly endangering, threatening, or causing physical harm to any person or oneself, or intentionally or recklessly causing reasonable apprehension of such harm.
(2) ((Sexual harassment as defined in college policy under Policy 000.340 and 000.350.)) Harassment, bullying, abuse: No student shall physically, sexually, or emotionally harass, bully, abuse, coerce, intimidate, seriously embarrass, assault, or recklessly endanger any other person.
(3) Students engaging in any activity which inhibits or interferes with the orderly operation of Wenatchee Valley College or the ability of students and/or college personnel to perform their functions in an orderly environment shall be subject to disciplinary action. No student shall intentionally or recklessly ((interfering)) interfere with normal college or college-sponsored activities or any form of emergency services.
(4) Unauthorized entry or use of college facilities.
(5) Knowingly violating the term of any disciplinary sanction imposed in accordance with the code.
(6) Theft of property or services; knowing possession of stolen property.
(7) Violating college policies or procedures by any student or by the guest of any student.
(8) ((Smoking or)) Using tobacco products ((in classrooms or)) on the college premises ((except in designated smoking areas)).
(9) ((The possession, use, sale or distribution of any alcoholic beverage or illegal drug on the college campus; the use of illegal drugs by any student attending a college-sponsored event, even though the event does not take place at the college.)) The consumption of alcoholic beverages on college property, except in accordance with state of Washington liquor license procedures. The unlawful (as a matter of local, state or federal law) manufacture, distribution, dispensing, possession or use of alcohol, legend drugs, narcotic drugs, or controlled substances including marijuana, on college property or during college-sponsored events, whether on or off campus except when use or possession of a legend drug, narcotic drug, or controlled substance other than marijuana is specifically prescribed by an appropriately licensed health care provider.
(10) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college.
(11) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification.
(12) Refusal to comply with the direction of college officials acting in the legitimate performance of their duties.
(13) ((Possession of firearms, licensed or unlicensed, except where possessed by commissioned police officers as prescribed by law.)) Possession or use of firearms (licensed or unlicensed), explosives, dangerous chemicals, or other dangerous weapons or instruments. Legal defense sprays are not covered by this rule. Exceptions to this rule are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer.
(14) Failure to comply with the college's ((technology)) network acceptable use policy, WashingtonOnline (WAOL) memorandum of understanding and/or misuse of computing equipment ((and)) services and facilities, including use of electronic mail and the internet.
(15) Ethics violation: The ((breech)) breach 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 or major. These ethics codes must be distributed to students as part of an educational program, course, or sequence of courses and the student must be informed that a violation of such ethics codes may subject the student to disciplinary action by the college.
(16) Hazing: Conspiracy to engage in hazing or participation in hazing another. Hazing shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group, 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 Wenatchee Valley College. Consent is no defense to hazing. The term does not include customary athletic events or other similar contests or competitions. Hazing is also a misdemeanor, punishable under state law.
(17) Initiation violation: Conduct associated with initiation into a student organization, association, or living group, or any pastime or amusement engaged in with respect to an organization, association or living group not amounting to a violation ((of)) under the definition of hazing. Conduct covered by this definition may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation. Consent is no defense to initiation violation.
(18) Animals, with the exception of service animals, are not allowed on or in college facilities. All service((s)) animals on campus shall be under direct physical control, leashed by their owner or custodian and registered with the special populations coordinator.
(19) Gambling: Any form of gambling is prohibited.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-090 Civil disturbances.
In accordance with provision contained in RCW 28B.10.571 and 28B.10.572:
(1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any ((administrator, faculty member)) employee, or student of the college who is in the peaceful discharge or conduct of ((his)) their duties or studies.
(2) ((It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty member or student of the college who is in the peaceful discharge of his/her duties or studies.)) The college prohibits acts of intimidation as well as actual or threatened violence against co-workers, students, visitors, or any other persons who are on campus or college employees in the course of their duties. The prohibited acts include behavior that interferes with an individual's legal rights of movement, or expression, disrupts the workplace, the academic environment or the college's ability to provide service to the public. See college policy 500.450 violence in the workplace.
(3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any ((administrator or faculty member)) college employee who is engaged in the reasonable exercise of their disciplinary authority.
(4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.
AMENDATORY SECTION (Amending WSR 01-12-015, filed 5/25/01, effective 6/25/01)
WAC 132W-115-100 Disciplinary process.
(1) Any infractions of college policies or procedures may be referred by anyone within the college community to the ((dean of)) chief student services officer or designee. That official shall then follow the appropriate procedures for any disciplinary action which he or she deems necessary relative to the alleged misconduct.
(2) The disciplinary official may take whatever action deemed appropriate within the framework of this code. If the student concludes that any sanctions imposed are inappropriate, the student may appeal to the ((academic regulations committee)) disciplinary review board.
(3) If a referral or an appeal is made to the ((academic regulations committee)) disciplinary review board, the ((committee)) board shall hold a hearing, reach conclusion, and recommend sanctions. The student may appeal all cases involving suspension or dismissal from the college to the president of the college((. All other cases may be appealed to the administrator designated by the president)) or his/her designee.
(4) The president of the college or his/her designee, after reviewing the case, may reverse, sustain or modify any sanctions. The decision of the president or designee is final.