Current through Register Vol. 24-06, March 15, 2024
The college may impose disciplinary sanctions against a
student who commits, attempts to commit, aids, abets, incites, encourages or
assists another person or persons 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 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 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 medial 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 e-mail communication directly or through spyware, sending
threatening e-mails, disrupting electronic communications with spam or by
sending a computer virus, sending false messages to third parties using
another's e-mail 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.
Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife
or other cutting or stabbing instrument, club, or any other weapon apparently
capable of producing bodily harm, in a manner, under circumstances, and at a
time and place that either manifests an intent to intimidate another or that
warrants alarm for the safety of other persons.
(9)
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.
(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. Smoking is prohibited on campus except in designated smoking
areas. "Smoke" or "smoking" means carrying or smoking of any kind of lighted
pipe, cigar, cigarette, or any other lighted smoking equipment; the use of any
tobacco or nicotine product; or the use of any facsimile of a tobacco or
nicotine product, including electronic cigarettes. Nicotine gum, patches, or
like products are permissible.
(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 (40+);
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. Sexual
harassment is a form of discrimination consisting of unwelcome, gender-based
verbal, written, electronic and/or physical conduct. Sexual harassment does not
have to be of a sexual nature, however, and can include offensive remarks about
a person's gender. There are two types of sexual harassment:
(i) Hostile environment sexual harassment
occurs when the conduct is sufficiently severe and/or pervasive and so
objectively offensive that it has the effect of altering the terms or
conditions of employment or substantially limiting the ability of a student to
participate in or benefit from the college's educational and/or social
programs.
(ii) Quid pro quo sexual
harassment occurs when an individual in a position of real or perceived
authority, conditions the receipt of a benefit upon granting of sexual favors.
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 violence. "Sexual violence" is a
type of sexual discrimination and harassment. Nonconsensual sexual intercourse,
nonconsensual sexual conduct, 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 breast, 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) 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.
(B)Intoxication is not a defense against
allegations that an individual has engaged in nonconsensual sexual
conduct.
(14)
Harassment. The unwelcome
and unauthorized patterns of conduct, based on a person(s) race, color,
religious belief, sex, marital status, sexual orientation, gender identity or
expression, national origin, disability, veteran status, or age, and which:
(a)The harasser either knows, or should know,
will have the effect of making the college environment hostile, intimidating,
or demeaning to the victim; and
(b)In fact, is sufficiently, severe,
persistent or pervasive to substantially deny or limit that person's ability to
benefit from or fully participate in educational programs or activities or
employment opportunities.
(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 provision 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 operations 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 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)
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.