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.
(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 of their faculty's course syllabus and program
handbook. Further academic consequences may follow consistent with the
provisions in any program handbook including, but not limited to, dismissal
from an academic program. 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.
(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 disruptive
conduct. Conduct, not otherwise protected by law, that interferes with,
impedes, or otherwise unreasonably hinders:
(a) Instruction, research, administration,
disciplinary proceeding(s), 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.
(4)
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.
(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, 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.
(7)
Failure to comply with directive. Failure to comply with the
directive 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.
(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 their 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 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.
(a) Hazing is any act committed as part of:
(i) A person's recruitment, initiation,
pledging, admission into, or affiliation with a student group; or
(ii) Any pastime or amusement engaged in with
respect to such a student group;
(iii) That causes, or is likely to cause,
bodily danger or physical harm, or serious psychological or emotional harm, to
any student.
(b)
Examples of hazing include, but are not limited to:
(i) 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;
(ii) Humiliation by ritual act;
(iii) Striking another person with an object
or body part;
(iv) Causing someone
to experience excessive fatigue, or physical and/or psychological shock;
or
(v) Causing someone to engage in
degrading or humiliating games or activities that create a risk of serious
psychological, emotional, and/or physical harm.
(c) Hazing does not include customary
athletic events or other similar contests or competitions.
(d) Consent is not a valid defense against
hazing.
(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, 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, 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. This includes all college sidewalks, parking lots,
landscaped areas, sports fields and college buildings. Use of tobacco is also
prohibited at events on college premises, or in college-owned, rented or leased
vehicles. "Related products" include, but are not limited to, cigarettes,
pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco,
vaporizers, and snuff.
(11)
Lewd conduct. Conduct which
is lewd or obscene that is not otherwise protected under the law.
(12)
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; religion; creed; 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. Sexual harassment prohibited by Title IX is defined in the
supplemental procedures in this code. See WAC
132M-126-115 through
132M-126-155.
(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 ages of 18.
(iv)
Statutory rape. Consensual intercourse between a person who is 18
years of age or older, and a person who is under the age of 16.
(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 interactions 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 word 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.
(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, that changes the terms or conditions of employment for a
college employee, 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; 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
communications.
(15)
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 proceedings.
(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.
(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.
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.
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.
