Current through Register Vol. 24-24, December 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)
Abuse of others. Assault, physical abuse, verbal abuse, threat(s),
intimidation, or other conduct, which harms, threatens, or is reasonably
perceived as threatening the health or safety of another person or another
person's property unless otherwise protected by law.
(2)
Academic dishonesty. Any act
of academic dishonesty including, but not limited to, cheating, plagiarism, and
fabrication. The decision to bring a student conduct proceeding under this code
for academic dishonesty is at the sole discretion of the student conduct
officer. Nothing in this code prohibits instructors and/or academic divisions
or departments from imposing academic consequences in response to academic
dishonesty. Faculty may impose up to and including a failing grade in an
academic class and academic divisions or departments may impose up to and
including dismissal from an academic program. Policies and procedures governing
the imposition of academic consequences for academic dishonesty can be found in
the class syllabus and applicable program handbook.
(a) Cheating includes using or any attempt to
use, give or obtain unauthorized assistance relating to the completion of an
academic assignment, test, or exam.
(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. Plagiarism 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.
(d) Multiple
submissions includes submitting the same work in separate classes without the
express permission of the instructor(s).
(e) Deliberate damage includes taking
deliberate action to destroy or damage another's academic work or college
property.
(f) No student shall be
allowed to withdraw from a course or from the college to avoid the consequences
of academic dishonesty.
(3)
Acts of dishonesty. Acts of
dishonesty 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.
(4)
Alcohol. The use,
possession, manufacture, distribution, sale, or being under the influence of
any alcoholic beverage, except as permitted by law and applicable college
policies.
(5)
Cyber
misconduct. Cyberstalking, cyberbullying, or online harassment. Use of
electronic communications including, but not limited to, electronic mail
(email), text messaging, social media sites, or applications (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 electronic communications or computer activities directly or
through spyware, sending threatening emails or texts, disrupting electronic
communications with spam or by sending a computer virus, or sending false
messages to third parties using another's identity (spoofing).
(6)
Discriminatory harassment.
(a) Unwelcome and offensive conduct, not
otherwise protected by law, including verbal, nonverbal, or physical conduct,
that is directed at a person because of such person's protected status and that
is sufficiently severe, persistent, or pervasive as to:
(i) Limit the ability of a student to
participate in or benefit from the college's educational, social, or housing
programs; or
(ii) Create an
intimidating, hostile, or offensive environment for other college community
members and/or visitors.
(b) Discriminatory harassment may include,
but is not limited to, physical, verbal, written, social media, and electronic
communications.
(c) 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.
(7)
Disorderly conduct. Conduct, or assisting or encouraging another
person to engage in such conduct, which disrupts campus operations or the
college's educational, social, or housing programs.
(8)
Disruption or obstruction.
Disruption or obstruction of instruction, research, administration,
disciplinary proceeding, or other college activity, including the obstruction
of the free flow of pedestrian or vehicular movement on college premises or at
a college activity, or any activity that is authorized to occur on college
premises, whether or not actually conducted or sponsored by the
college.
(9)
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.
(10)
Failure to comply with
directive. Failure to comply with the reasonable direction of a college
officer or employee who is acting in the legitimate performance of their
duties, including failure to properly identify oneself to such a person when
requested to do so.
(11)
Harassment or bullying. Conduct unrelated to a protected class
that is unwelcome and sufficiently severe, persistent, or pervasive such that
it could reasonably be expected to create an intimidating, hostile or offensive
environment, or has the purpose or effect of unreasonably interfering with a
person's academic or work performance, or a person's ability to participate in
or benefit from the college's programs, services, opportunities, or activities.
(a) Harassing conduct may include, but is not
limited to, physical, verbal, or nonverbal conduct, including written, social
media and electronic communications unless otherwise protected by
law.
(b) For purposes of this code,
"bullying" is defined as repeated or aggressive unwanted behavior not otherwise
protected by law when a reasonable person would feel humiliated, harmed, or
intimidated.
(c) For purposes of
this code, "intimidation" is an implied threat. Intimidation exists when a
reasonable person would feel threatened or coerced even though an explicit
threat or display of physical force has not been made. Intimidation is
evaluated based on the intensity, frequency, or duration of the comments or
actions.
(12)
Hazing. Hazing includes any act, on or off the college premises,
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 or private institution
of higher education or other postsecondary educational institution 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.
(13)
Lewd
conduct. Conduct which is vulgar, obscene, or indecent, unless otherwise
protected by law.
(14)
Marijuana or other drugs.
(a)
Marijuana or marijuana products. 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.
(b) Drugs. The use, possession, delivery,
sale, or being observably under the influence of any legend or prescription
drug, including anabolic steroids, androgens, or human growth hormones as
defined in chapter 69.41 RCW, or any other controlled substance, including
narcotic drugs or opiates, under chapter 69.50 RCW, except as prescribed for a
student's use by a licensed practitioner.
(15)
Misuse of computer time or
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 unauthorized 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, harassing, 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 computer information systems resources acceptable use or
subsequent similar policy.
(16)
Property violation. Damage
to, theft of, misappropriation of, unauthorized use or possession of, vandalism
of, or other nonaccidental damaging or destruction of, real or personal
property or money of:
(a) The college or
state;
(b) Any student or college
officer, employee, or student organization;
(c) Any other member of the college
community, or visitors.
(17)
Retaliation. Any
intentional, adverse action taken by an accused individual or allied third
party, absent legitimate nondiscriminatory purposes, as reprisal 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. Retaliatory actions
include, but are not limited to, threats or actual violence against the person
or their property, adverse educational or employment consequences, ridicule,
intimidation, bullying, or ostracism.
(18)
Safety violations. Safety
violations include committing any reckless or unsafe act that endangers others,
failing to follow established safety procedures, or interfering with or
otherwise compromising any college policy, equipment, or procedure relating to
the safety and security of the college community or visitors including, but not
limited to, tampering with fire safety equipment or triggering false alarms and
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 defined in the supplemental
procedures to this code. See WAC
132K-135-300, et seq.
(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) Creates an intimidating, hostile, or
offensive environment for other campus community members.
(b)
Sexual intimidation. The
term "sexual intimidation" 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 sexual harassment.
Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic
violence, intimate partner 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 the 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 conduct.
(20)
Tobacco, electronic cigarettes,
and related products. The college community and visitors will abide by
all Washington state laws and college policy as it relates to the use of
tobacco, electronic cigarettes, and related products, including chapter 70.160
RCW.
(21)
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. Providing keys to an
unauthorized person or providing access to an unauthorized person is also
prohibited.
(22)
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.
(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 the
student's 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 or chancellor 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.
(d) This
policy does not apply to the possession and/or use of disabling chemical sprays
when possessed and/or used for self-defense.
