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.
(2)
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.
(3)
Obstruction or disruption.
Obstruction or disruption of:
(a) Any
instruction, research, administration, disciplinary proceeding, or other
college activity, 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.
(4)
Assault, intimidation, harassment. Assault, physical abuse, verbal
abuse, threat(s), intimidation, harassment, bullying, stalking 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
subsection:
(a) Bullying is severe or
pervasive physical or verbal abuse involving a power imbalance between the
aggressor and victim.
(b) Stalking
is intentional and repeated following of another person, which places that
person in reasonable fear that the perpetrator intends to injure, intimidate or
harass that person. Stalking also includes instances where the perpetrator
knows or reasonably should know that the person is frightened, intimidated or
harassed, even if the perpetrator lacks such an intent.
(5)
Cyber misconduct.
Cyberstalking, cyberbullying or online harassment. Use of electronic
communications including, but not limited to, electronic mail, instant
messaging, electronic bulletin boards, and social media sites, 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, sending false messages to third parties using
another's email identity, nonconsensual recording of sexual activity, and
nonconsensual distribution of a recording of sexual activity.
(6)
Property violation. Damage
to, or theft or misuse of, real or personal property or money of:
(a) The college or state;
(b) Any student or college officer, employee,
or organization;
(c) Any other
member of the college community or organization; or
(d) Possession of such property or money
after it has been stolen.
(7)
Failure to comply with
directive. Failure to comply with the direction of a college officer or
employee who is acting in the legitimate performance of his or her duties,
including failure to properly identify oneself to such a person when requested
to do so.
(8)
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 his or her vehicle parked on
campus in accordance with RCW 9.41.050 (2) or (3), 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, religious, or other purpose. Such
permission shall be in writing and shall be subject to such terms or conditions
incorporated in the written permission.
(d) This policy does not apply to the
possession and/or use of disabling chemical sprays when possessed and/or used
for self defense.
(9)
Hazing. Any act committed as part of a person's recruitment,
initiation, pledging, admission into, or affiliation with a student
organization, athletic team, or living group, or any pastime or amusement
engaged in with respect to such an organization, athletic team, or living group
that causes, or is likely to cause, bodily danger or physical harm, or serious
psychological or emotional harm, to any student or other person attending a
public institution of higher education in this state, including causing,
directing, coercing, or forcing a person to consume any food, liquid, alcohol,
drug, or other substance which subjects the person to risk of such harm,
regardless of the person's willingness to participate. "Hazing" does not
include customary athletic events or other similar contests or
competitions.
(10)
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, sale, or being
observably under the influence of marijuana or the psychoactive compounds found
in marijuana and intended for human consumption, regardless of form. 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, or any other controlled substance under chapter 69.50 RCW,
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 25 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" includes, but is not limited to, cigarettes, pipes, bidi,
clove cigarettes, water-pipes, hookahs, chewing tobacco, and snuff.
(11)
Lewd conduct.
Conduct which is lewd or obscene.
(12)
Discriminatory conduct.
Discriminatory conduct which harms or adversely affects any member of the
college community because of her/his 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; veteran's status; or any other legally protected
classification.
(13)
Sexual
misconduct. The term "sexual misconduct" includes sexual harassment,
sexual intimidation, and sexual violence.
(a)
Sexual harassment. The term "sexual harassment" means unwelcome
conduct of a sexual nature, including unwelcome sexual advances, requests for
sexual favors, and other verbal, nonverbal, or physical conduct of a sexual
nature that is sufficiently serious as to deny or limit, and that does deny or
limit, based on sex, 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)
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, noncon-sensual sexual contact, domestic violence, dating
violence, and stalking are all types of sexual violence.
(i) Nonconsensual sexual intercourse is any
sexual intercourse (anal, oral, or vaginal), however slight, with any object,
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 is any intentional sexual touching, however slight, with any
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)
Domestic violence includes asserted violent misdemeanor and felony offenses
committed by the victim's current or former spouse, current or former
cohabitant, person similarly situated under domestic or family violence law, or
anyone else protected under domestic or family violence law.
(iv) Dating violence means violence by a
person who has been in a romantic or intimate relationship with the victim.
Whether there was such relationship will be gauged by its length, type, and
frequency of interaction.
(v)
Stalking means intentional and repeated harassment or following of another
person, which places that person in reasonable fear that the perpetrator
intends to injure, intimidate, or harass that person. Stalking also includes
instances where the perpetrator knows or reasonably should know that the person
is frightened, intimidated, or harassed, even if the perpetrator lacks such
intent.
(vi) 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 he or she is unable to understand
what is happening or is 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.
(14)
Harassment. 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. 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; 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.
(15)
Retaliation. Retaliation
against any individual for reporting, providing information, exercising one's
rights or responsibilities, or otherwise being involved in the process of
responding to, investigating, or addressing allegations or violations of
federal, state or local law, or college policies including, but not limited to,
student conduct code provisions prohibiting discrimination and
harassment.
(16)
Misuse of
electronic resources. Theft or other 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 or abusive 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; or
(i) Failure to
comply with the college's electronic use policy.
(17)
Unauthorized access.
Unauthorized possession, duplication, or other use of a key, keycard, or other
restricted means of access to college property, or unauthorized entry onto or
into college property.
(18)
Safety violations. Safety violation includes any nonacciden-tal
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)
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.
(20)
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.
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 shall proceed with student disciplinary proceedings regardless of
whether the underlying conduct is subject to civil or criminal
prosecution.
