Current through Register Vol. 24-18, September 15, 2024
The college may impose disciplinary sanctions against a
student who commits, attempts to commit, aids, abets, incites, encourages, or
assists another person to commit, an act(s) of misconduct which include, but
are not limited to, the following:
(1)
Academic dishonesty. Any act of academic dishonesty including, but
not limited to, cheating, plagiarism, and fabrication.
(a) Cheating: Includes any attempt to give or
obtain unauthorized assistance relating to the completion of an academic
assignment.
(b) Plagiarism:
Includes taking and using as one's own, without proper attribution, the ideas,
writings, or work of another person in completing an academic assignment.
Prohibited conduct may also include the unauthorized submission for credit of
academic work that has been submitted for credit in another course.
(c) Fabrication: Includes falsifying data,
information, or citations in completing an academic assignment and also
includes providing false or deceptive information to an instructor concerning
the completion of an assignment, including submitting for credit without
authorization academic work also submitted for credit in another
course.
(d) Academic consequences
for academic dishonesty or abetting in academic dishonesty may be imposed at
the discretion of a faculty member up to and including a failing grade for the
course. Students should refer to each faculty member's course syllabus. Further
academic consequences may follow consistent with the provisions in any program
handbook. Incidents of academic dishonesty may also be referred to the student
conduct officer for disciplinary action consistent with this chapter in
addition to the academic consequences identified above.
(e) 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.
(2)
Alcohol, drug, and tobacco violations.
(a) Alcohol. The use, possession, delivery,
sale, or being observably under the influence of any alcoholic beverage, except
as permitted by law and applicable college policies.
(b) Marijuana. The use, possession, delivery,
or sale of marijuana or the psychoactive compounds found in marijuana intended
for human consumption, regardless of form, or being observably under the
influence of marijuana or the psychoactive compounds found in marijuana. While
state law permits the recreational use of marijuana, federal law prohibits such
use on college premises or in connection with college activities.
(c) Drugs. The use, possession, delivery,
sale, or being observably under the influence of any legend drug, including
anabolic steroids, androgens, or human growth hormones as defined in chapter
69.41 RCW, Legend drugs-Prescription drugs, or any other controlled substance
under chapter 69.50 RCW, Uniform Controlled Substances Act, except as
prescribed for a student's use by a licensed practitioner.
(d) Tobacco, electronic cigarettes, and
related products. The use of tobacco, electronic cigarettes, and related
products in any building owned, leased or operated by the college or in any
location where such use is prohibited, including twenty-five feet from
entrances, exits, windows that open, and ventilation intakes of any building
owned, leased or operated by the college. The use of tobacco, electronic
cigarettes, and related products on the college campus is restricted to
designated smoking areas. "Related products" include, but are not limited to,
cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing
tobacco, vaporizers, and snuff.
(3)
Assault, intimidation,
harassment. Unwanted touching, physical abuse, verbal abuse, threat(s),
intimidation, harassment, bullying, or other conduct which harms, threatens, or
is reasonably perceived as threatening the health or safety of another person
or another person's property. For purposes of this code, "bullying" is defined
as repeated or aggressive unwanted behavior, not otherwise protected by law
that intentionally humiliates, harms, or intimidates the victim.
(4)
Classroom conduct. Classroom
conduct that seriously interferes with either the instructor's ability to
conduct the class or the ability of other students to profit from the
instructional program.
(a) Faculty have the
authority to take appropriate action to maintain proper conduct in the
classroom and to maintain the effective cooperation of the class in fulfilling
the objectives of the course.
(b) A
faculty member may order a student removed for the single class session in
which disruptive conduct occurs. The instructor will report any such removal
from the class to the student conduct officer, or their designee, immediately
following the class. The student conduct officer services or designee may
initiate further conduct proceedings as provided in this procedure.
(c) The student is automatically permitted to
return to the next class session pending the outcome of any investigation or
disciplinary hearings by the student conduct officer. If the student repeats
behavior in any class session that again disrupts the normal classroom
procedure, the student may be ordered removed again for that class session by
the instructor who shall again report the infraction to the student conduct
officer in writing. In all cases involving classroom disruption, the student
conduct officer will proceed with the investigation and any disciplinary
actions as quickly as possible consistent with the procedural requirements
established in this code.
(d) The
student conduct officer or designee may set conditions for the student to meet
upon return to the classroom or may enforce a continued removal from class
pending an investigation. The student has the right to appeal any disciplinary
action of an instructor or college employee to the student conduct officer in
accordance with the procedures set forth in this code.
(5)
Cyber misconduct.
Cyberstalking, cyberbullying or online harassment. Use of electronic
communications including, but not limited to, electronic mail, instant
messaging, texting, electronic bulletin boards, social media sites, and other
communication apps, to harass, abuse, bully, or engage in other conduct which
harms, threatens, or is reasonably perceived as threatening the health or
safety of another person. Prohibited activities include, but are not limited
to, unauthorized monitoring of another's email communications directly or
through spyware, sending threatening emails, disrupting electronic
communications with spam or by sending a computer virus or malware, sending
false messages to third parties using another's identity, nonconsensual
recording of sexual activity or sexually explicit or intimate images as defined
in RCW 9A.86.010, and nonconsensual distribution or disclosing of a recording
of sexual activity or sexually explicit or intimate images as defined in RCW
9A.86.010.
(6)
Discriminatory
conduct. Conduct which harms or adversely affects any member of the
college community because of their race; color; national origin; sensory,
mental or physical disability; use of a service animal; gender, including
pregnancy; marital status; age (40+); religion; creed; sexual orientation;
gender identity and expression; veteran's status; or any other legally
protected classification.
(7)
Ethical violation. The breach of any generally recognized and
published code of ethics or standards of professional practice that governs the
conduct of a particular profession for which the student is taking a course or
is pursuing as an educational goal or major.
(8)
Failure to comply with
directive. Failure to comply with the direction of college officer or
employee acting in the legitimate performance of their duties, including
failure to properly identify oneself to such a person when requested to do
so.
(9)
Harassment.
(a) Unwelcome and offensive conduct,
including verbal, nonverbal, or physical conduct, that is directed at a person
because of such person's protected status and that is sufficiently serious as
to deny or limit, and that does deny or limit, the ability of a student to
participate in or benefit from the college's educational program or that
creates an intimidating, hostile or offensive environment for other campus
community members.
(b) Protected
status includes a person's race; color; national origin; sensory, mental or
physical disability; use of a service animal; gender, including pregnancy;
marital status; age; religion; creed; genetic information; sexual orientation;
gender identity and expression; veteran's status; or any other legally
protected classification. See "sexual misconduct" for the definition of "sexual
harassment." Harassing conduct may include, but is not limited to, physical
conduct, verbal, written, social media, and electronic
communications.
(10)
Hazing. Hazing includes, but is not limited to, any initiation
into a student organization, 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,
regardless of whether the victim has consented.
(11)
Lewd conduct. Conduct which
is lewd or obscene that is not otherwise protected under the law.
(12)
Misuse of electronic
resources. Theft or misuse of computer time or other electronic
information resources of the college. Such misuse includes, but is not limited
to:
(a) Unauthorized use of such resources or
opening of a file, message or other item;
(b) Unauthorized duplication, transfer, or
distribution of a computer program, file, message or other item;
(c) Unauthorized use or distribution of
someone else's password or other identification;
(d) Use of such time or resources to
interfere with someone else's work;
(e) Use of such time or resources to send,
display, or print an obscene, abusive, threatening, or harassing message, text,
or image;
(f) Use of such time or
resources to interfere with normal operation of the college's computing system
or other electronic information resources;
(g) Use of such time or resources in
violation of applicable copyright or other law;
(h) Adding to or otherwise altering the
infrastructure of the college's electronic information resources without
authorization;
(i) Use of college
electronic resources to intentionally disseminate viruses, destructive,
malicious or invasive programs;
(j)
Failure to comply with the college's electronic use policy; or
(k) Illegal peer-to-peer file sharing or
distribution of copyrighted works using campus resources. In addition to code
of conduct sanctions, students may be subject to criminal and civil penalties
if they engage in such unauthorized activity.
(13)
Motor vehicle operation.
Operation of any motor vehicle on college property in an unsafe manner or
contrary to posted signs or college procedures.
(14)
Obstructive or disruptive
conduct. Conduct, not otherwise protected by law, that interferes with,
impedes, or otherwise unreasonably hinders:
(a) Instruction, research, administration,
disciplinary proceeding, or other college activities, including the obstruction
of the free flow of pedestrian or vehicular movement on college property or at
a college activity; or
(b) Any
activity that is authorized to occur on college property, whether or not
actually conducted or sponsored by the college.
(c) The person in charge of any college
office, department, or facility is responsible for conduct in that office,
department, or facility and is authorized to take such steps as are necessary
when behavior of the student disrupts the normal operations. The person in
charge may order a student removed for up to the full day in which such
disruptive behavior occurs. When such behavior results in such removal from an
office, department, or facility, the person in charge must report the
infraction in writing to the student conduct officer at the earliest
opportunity. The student is automatically permitted to return the next day
pending the outcome of any investigation or disciplinary hearings by the
student conduct officer. If the student repeats behavior at any time in the
future that again disrupts the normal operations, the student may be ordered
removed again for a single day by the person in charge who shall again report
the infraction to the student conduct officer in writing. In all cases
involving office, department, or facility disruption, the student conduct
officer will proceed with the investigation and any disciplinary actions as
quickly as possible consistent with the procedural requirements established in
this code.
(d) The student has the
right to appeal any disciplinary action of a college employee to the student
conduct officer in accordance with the procedures set forth in this
code.
(15)
Other
dishonesty. Any other acts of dishonesty. Such acts include, but are not
limited to:
(a) Forgery, alteration,
submission of falsified documents or misuse of any college document, record or
instrument of identification;
(b)
Tampering with an election conducted by or for college students; or
(c) Furnishing false information, or failing
to furnish correct information, in response to the request or requirement of a
college officer or employee.
(16)
Property violation. Damage
to, misappropriation of, unauthorized use or possession of, vandalism, or other
nonaccidental damaging or destruction of college property or the property of
another person. Property for purposes of this subsection includes computer
passwords, access codes, identification cards, personal financial account
numbers, other confidential personal information, intellectual property, and
college trademarks.
(17)
Retaliation. Harming, threatening, intimidating, coercing, or
taking adverse action of any kind against a person because such person reported
an alleged violation of this code or college policy, provided information about
an alleged violation, or participated as a witness or in any other capacity in
a college investigation or disciplinary proceeding.
(18)
Safety violations.
Nonaccidental conduct that interferes with or otherwise compromises any college
policy, equipment, or procedure relating to the safety and security of the
campus community, including tampering with fire safety equipment and triggering
false alarms, or other emergency response systems.
(19)
Sexual misconduct. The term
"sexual misconduct" includes sexual harassment, sexual intimidation, and sexual
violence. Sexual harassment prohibited by Title IX is defined in WAC
132B-125-405 Prohibited conduct under Title IX.
(a) Sexual harassment. The term "sexual
harassment" means unwelcome sexual or gender based conduct, including unwelcome
sexual advances, requests for sexual favors, quid pro quo harassment, and other
verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is
sufficiently severe, persistent, or pervasive as to:
(i) Deny or limit the ability of a student to
participate in or benefit from the college's educational program;
(ii) Alter the terms or conditions of
employment for a college employee(s); and/or
(iii) Create an intimidating, hostile, or
offensive environment for other campus community members.
(b) Sexual intimidation. The term "sexual
intimidation" incorporates the definition of "sexual harassment" and means
threatening or emotionally distressing conduct based on sex including, but not
limited to, nonconsensual recording of sexual activity or the distribution of
such recording.
(c) Sexual
violence. "Sexual violence" is a type of sexual discrimination and harassment.
Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic
violence, dating violence, and stalking are all types of sexual violence.
(i) Nonconsensual sexual intercourse. Any
actual or attempted sexual intercourse (anal, oral, or vaginal), however
slight, with any object or body part, by a person upon another person, that is
without consent and/or by force. Sexual intercourse includes anal or vaginal
penetration by a penis, tongue, finger, or object, or oral copulation by mouth
to genital contact or genital to mouth contact.
(ii) Nonconsensual sexual contact. Any actual
or attempted sexual touching, however slight, with any body part or object, by
a person upon another person that is without consent and/or by force. Sexual
touching includes any bodily contact with the breasts, groin, mouth, or other
bodily orifice of another individual, or any other bodily contact in a sexual
manner.
(iii) Incest. Sexual
intercourse or sexual contact with a person known to be related to them, either
legitimately or illegitimately, as an ancestor, descendant, brother, or sister
of either wholly or half related. Descendant includes stepchildren, and adopted
children under the age of eighteen.
(iv) Statutory rape. Consensual intercourse
between a person who is eighteen years of age or older, and a person who is
under the age of sixteen.
(v)
Domestic violence. Physical violence, bodily injury, assault, the infliction of
fear of imminent physical harm, sexual assault, or stalking committed by a
person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the state of Washington, or by any other person against an
adult or youth victim who is protected from that person's acts under the
domestic or family violence laws of the state of Washington, RCW
26.50.010.
(vi) Dating violence,
physical violence, bodily injury, assault, the infliction of fear of imminent
physical harm, sexual assault, or stalking committed by a person:
(A) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(B) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(I) The length of the
relationship;
(II) The type of
relationship; and
(III) The
frequency of interaction between the persons involved in the
relationship.
(vii) Stalking. Engaging in a course of
conduct directed at a specific person that would cause a reasonable person to:
(A) Fear for their safety or the safety of
others; or
(B) Suffer substantial
emotional distress.
(d) For purposes of this code, "consent"
means knowing, voluntary, and clear permission by word or action, to engage in
mutually agreed upon sexual activity. Each party has the responsibility to make
certain that the other has consented before engaging in the activity. For
consent to be valid, there must be at the time of the act of sexual intercourse
or sexual contact actual words or conduct indicating freely given agreement to
have sexual intercourse or sexual contact. A person cannot consent if they are
unable to understand what is happening or are disoriented, helpless, asleep, or
unconscious for any reason, including due to alcohol or other drugs. An
individual who engages in sexual activity when the individual knows, or should
know, that the other person is physically or mentally incapacitated has engaged
in nonconsensual conduct. Intoxication is not a defense against allegations
that an individual has engaged in nonconsensual sexual conduct.
(20)
Student procedure
violations. Abuse or misuse of any of the procedures relating to student
complaints or misconduct including, but not limited to:
(a) Failure to obey a subpoena;
(b) Falsification or misrepresentation of
information;
(c) Disruption or
interference with the orderly conduct of a proceeding;
(d) Interfering with someone else's proper
participation in a proceeding;
(e)
Destroying or altering potential evidence, or attempting to intimidate or
otherwise improperly pressure a witness or potential witness;
(f) Attempting to influence the impartiality
of, or harassing or intimidating, a student conduct committee member or other
disciplinary official; or
(g)
Failure to comply with any disciplinary sanction(s), action, term, or condition
imposed under this chapter.
(21)
Unauthorized access.
Unauthorized possession, duplication, or other use of a key, keycard, code or
other restricted means of access to college property, unauthorized entry onto
or into college property, or entering or remaining in any closed college
facility or entering after closing time of the college facility without
permission of a college official. In situations of apparent misconduct or
apparent unauthorized presence in a college facility, it may be necessary for
properly identified college personnel to ask a person to produce evidence of
being a currently enrolled student at the college. Failure to comply with a
legitimate request for identification from properly identified college
personnel is a violation of this code and may result in a disciplinary action
if the person is found to be a student. In emergency situations, cases of
misconduct, or where there is a substantial danger to the college community or
college property, failure to produce identification by a student may result in
the assumption by college personnel that the person questioned is not a student
and may result in direct civil or criminal action.
(22)
Unauthorized use.
Unauthorized use of college equipment, facilities or supplies. Use of college
equipment, facilities, supplies, or computer systems for personal gain without
proper authority.
(23)
Weapons. Possession, holding, wearing, transporting, storage or
presence of any firearm, dagger, sword, knife or other cutting or stabbing
instrument, club, explosive device, or any other weapon apparently capable of
producing bodily harm is prohibited on the college campus, subject to the
following exceptions:
(a) Commissioned law
enforcement personnel or legally authorized military personnel while in
performance of their duties;
(b) A
student with a valid concealed weapons permit may store a pistol in their
vehicle parked on campus in accordance with RCW 9.41.050 Carrying firearms,
provided the vehicle is locked and the weapon is concealed from view;
or
(c) The president may grant
permission to bring a weapon on campus upon a determination that the weapon is
reasonably related to a legitimate pedagogical purpose. Such permission shall
be in writing and shall be subject to such terms or conditions incorporated in
the written permission.
This policy does not apply to the possession and/or use of
disabling chemical sprays when possessed and/or used for self defense.
(24)
Violation of
other laws or policies. Violation of any federal, state, or local law,
rule, or regulation or other college rules or policies, including college
traffic and parking rules.
(25)
Intentionally encouraging, compelling, attempting, aiding, abetting,
conspiring, hiring or being an accessory to commit any of the foregoing acts of
misconduct.
In addition to initiating discipline proceedings for
violation of the student conduct code, the college may refer any violations of
federal, state, or local laws to civil and criminal authorities for
disposition. The college reserves the right to pursue student disciplinary
proceedings regardless of whether the underlying conduct is subject to civil or
criminal prosecution.
