Current through Register Vol. 24-24, December 15, 2024
(1) Any member of
the college community may file a complaint against a student or student group
for possible violations of the student conduct code.
(2) The student conduct officer, or designee,
may review and investigate any complaint to determine whether it appears to
state a violation of the student conduct code.
(a)
Sex discrimination, including
sex-based harassment. For reports of behavior that took place prior to
August 1, 2024, refer to and use chapter 132I-127 WAC procedures. The college's
Title IX coordinator or designee shall review, process, and, if applicable,
investigate complaints or other reports of sex discrimination, including
sex-based harassment. Allegations of sex discrimination, including sex-based
harassment, by a student shall be addressed through the student conduct code.
Allegations involving employees or third parties associated with the college
will be handled in accordance with college policies.
(b)
Hazing by student groups. A
student conduct officer, or designee, may review and investigate any complaint
or allegation of hazing by a student group. A student group will be notified
through its named officer(s) and address on file with the college. A student
group may designate one representative who may speak on behalf of a student
group during any investigation and/or disciplinary proceeding. A student group
will have the rights of a respondent as set forth below.
(3) Investigations will be completed in a
timely manner and the results of the investigation shall be referred to the
student conduct officer for disciplinary action.
(4) If a student conduct officer determines
that a complaint appears to state a violation of the student conduct code, the
student conduct officer will consider whether the matter might be resolved
through agreement with the respondent or through alternative dispute resolution
proceedings involving the complainant and the reporting party.
(a) Informal dispute resolution shall not be
used to resolve sexual misconduct complaints without written permission from
both the complainant and the respondent.
(b) If the parties elect to mediate a dispute
through informal dispute resolution, either party shall be free to discontinue
mediation at any time.
(5) If the student conduct officer has
determined that a complaint has merit and if the matter is not resolved through
agreement or informal dispute resolution, the student conduct officer may
initiate disciplinary action against the respondent.
(6) Both the respondent and the complainant
in cases involving allegations of sexual misconduct shall be provided the same
procedural rights to participate in student discipline matters, including the
right to participate in the disciplinary process and to appeal any disciplinary
decision.
(7) All disciplinary
actions will be initiated by the student conduct officer. If that officer is
the subject of a complaint, the president shall, upon request and when
feasible, designate another person to fulfill any such disciplinary
responsibilities relative to the complaint.
(8) The student conduct officer shall
initiate disciplinary action by serving the respondent with written notice
directing him or her to attend a disciplinary meeting. The notice shall briefly
describe the factual allegations, the provision(s) of the conduct code the
respondent is alleged to have violated, the range of possible sanctions for the
alleged violation(s), and specify the time and location of the
meeting.
(9) At the meeting, the
student conduct officer will present the allegations to the respondent and the
respondent shall be afforded an opportunity to explain what took place. If the
respondent fails to attend the meeting after proper service of notice, the
student conduct officer may take disciplinary action based upon the available
information.
(10) Within 10
business days of the initial disciplinary meeting, and after considering the
evidence in the case, including any facts or argument presented by the
respondent, the student conduct officer shall serve the respondent with a
written decision setting forth the facts and conclusions supporting their
decision, the specific student conduct code provisions found to have been
violated, the discipline imposed (if any), and a notice of any appeal rights
with an explanation of the consequences of failing to file a timely
appeal.
(11) The student conduct
officer may take any of the following disciplinary actions:
(a) Exonerate the respondent and terminate
the proceedings;
(b) Impose a
disciplinary sanction(s), with or without conditions, as described in WAC
132I-126-125; or
(c) Refer the matter directly to the student
conduct committee for such disciplinary action as the committee deems
appropriate. Such referral shall be in writing, to the attention of the chair
of the student conduct committee, with a copy served on the
respondent.
(12) In
cases involving allegations of sex-based harassment, the student conduct
officer shall review the investigation report provided by the Title IX
coordinator, and determine whether, by a preponderance of the evidence, there
was a violation of the student conduct code; and if so, what disciplinary
sanction(s) and/or remedies will be recommended. The student conduct officer
shall, within five business days of receiving the investigation report, serve
respondent, complainant, and the Title IX coordinator with a written
recommendation, setting forth the facts and conclusions supporting their
recommendation. The time for serving a written recommendation may be extended
by the student conduct officer for good cause.
(a) The complainant and respondent may either
accept the student conduct officer's recommended disciplinary sanction(s) or
request a hearing before a student conduct committee.
(b) The complainant and respondent shall have
21 calendar days from the date of the written recommendation to request a
hearing before a student conduct committee.
(c) The request may be verbal or written, but
must be clearly communicated to the student conduct officer.
(d) The student conduct officer shall
promptly notify the other party of the request.
(e) In cases involving sex discrimination,
the student conduct officer may recommend dismissal of the complaint if:
(i) The college is unable to identify
respondent after taking reasonable steps to do so;
(ii) Respondent is not participating in the
college's educational programs or activities;
(iii) The complainant has voluntarily
withdrawn any or all of the allegations in the complaint, and the Title IX
coordinator has declined to initiate their own complaint;
(iv) The college determines that, even if
proven, the conduct alleged by the complainant would not constitute sex
discrimination; or
(v) The conduct
alleged by the complainant falls outside the college's disciplinary
jurisdiction.
(f) In
cases involving allegations of sex-based harassment, the college must obtain
the complainant's voluntary withdrawal in writing before the matter can be
dismissed.
(g) If no request for a
full hearing is provided to the student conduct officer, the student conduct
officer's written recommendation shall be final and implemented immediately
following the expiration of five business days from the date of the written
recommendation.
(h) Upon receipt of
the student conduct officer's written recommendation, the Title IX coordinator
or their designee shall review all supportive measures and, within five
business days, provide written direction to the complainant and respondent as
to any supportive measures that will be implemented, continued, modified, or
terminated.
(i) The complainant and
respondent will have three business days to notify the Title IX coordinator, in
writing, of any objection to the continuation, modification, or termination of
any supportive measures. Any objection will be reviewed within three business
days by a neutral employee, who will review the investigation report, student
conduct officer's recommendation, confer with the Title IX coordinator or their
designee, complainant and respondent, as appropriate, and determine whether to
continue, modify, or terminate the supportive measures.
(j) If it is determined that a violation of
the student conduct code occurred, the Title IX coordinator shall also take
prompt steps to coordinate and implement any necessary remedies to ensure that
sex discrimination does not recur and that complainant has equal access to the
college's programs and activities.