Current through Register Vol. 24-18, September 15, 2024
The college may impose sanctions against a student or student
group who commits, attempts to commit, aids, abets, incites, encourages, or
assists another person to commit an act(s) of misconduct, which includes, but
is not limited to, any of the following:
(1)
Academic dishonesty. Any act
of academic dishonesty including, but not limited to, cheating, plagiarism, or
fabrication.
(a) Cheating includes, but is not
limited to, any attempt to give or obtain unauthorized assistance relating to
the completion of an academic assignment.
(b) Plagiarism includes, but is not limited
to, 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 in an instructional course
concerning the completion of an assignment.
(d) This section shall not be construed as
preventing an instructor from taking immediate disciplinary action as provided
herein where the instructor is required to act upon such breach of academic
dishonesty in order to preserve order and prevent disruptive conduct in the
classroom.
(e) This section shall
also not be construed as preventing an instructor from adjusting the student's
grade on a particular project, paper, test, or class grade for academic
dishonesty.
(2)
Other 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.
(3)
Obstructive or disruptive
conduct. Conduct not otherwise protected by law that interferes with,
impedes, or otherwise unreasonably hinders:
(a) Any instruction, research,
administration, disciplinary proceeding, 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 repeated or aggressive unwanted behavior, not
otherwise protected by law, that humiliates, harms, or intimidates the
victim.
(5)
Cyber
misconduct. Cyber misconduct including, but not limited to:
Cyberstalking, cyberbullying, or online harassment.
(a) 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.
(b) 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 the 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(s) 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 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, unless previously authorized by the vice president of learning and
student success. This policy does not apply to the possession of a personal
protection spray device, as authorized by
RCW
9.91.160. This policy is subject to the
following exceptions:
(a) Commissioned law
enforcement personnel in the state of Washington, legally authorized military
personnel while in performance of their duties, and other persons or entities
authorized by contract to carry firearms in the course of their
employment;
(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 or designee 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.
(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; or
(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. See
RCW
28B.10.900.
(d) Consent is not a valid defense against
hazing.
(10)
Alcohol, drug, and tobacco violations.
(a) Alcohol. The use, possession, delivery,
sale, or being visibly 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 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 grown hormones), narcotic drug or
controlled substance as defined in chapters 69.41 and 69.50 RCW, except in
accordance with a lawful prescription for that student by a licensed health
care professional.
(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, or in any
location other than the parking lots, 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" include, but are not limited to, cigarettes,
pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco,
vaporizers, and snuff.
(11)
Disorderly conduct. Conduct
which is disorderly, lewd, indecent, 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 race; color; national origin;
sensory, mental or physical disability; use of a service animal; gender,
including pregnancy; marital status; age (40+); 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 to this code. See WAC
132R-04-103.
(a)
Sexual harassment. The term
"sexual harassment" means unwelcome sexual or gender-based conduct, including
unwelcomed 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 programs or
activities;
(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. This
includes, but is 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 object or body part, 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 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 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.
(viii) Consent. Clear, knowing, and voluntary
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 actual
words or conduct indicating freely given agreement to the act at the time of
the act. Consent cannot be inferred from silence, passivity, or lack of active
resistance. Consent can be withdrawn by either party at any point. Consent to
engage in one activity, or past agreement to engage in a particular activity,
cannot be presumed to constitute consent to engage in a different activity or
to engage in the same activity again. There is no consent where there is a
threat of force or violence or any other form of coercion or intimidation,
physical or psychological. A person cannot consent if they are unable to
understand what is happening or are disoriented, or if they are 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 incapable of consent 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 (40+); religion; creed; sexual orientation; gender
identity; veteran's status; or any other legally protected classification. See
supplemental definitions: "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 proceeding.
(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 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)
Abuse of process. Abuse or
misuse of any of the procedures relating to student complaints or misconduct
including, but not limited to:
(a) Failure to
obey a subpoena or order to appear at a hearing;
(b) Falsification or misrepresentation of
information;
(c) Disruption, or
interference with the orderly conduct, of a proceeding;
(d) Interfering with someone else's proper
participation in a proceeding;
(e)
Destroying or altering potential evidence, or attempting to intimidate or
otherwise improperly pressure a witness or potential witness;
(f) Attempting to influence the impartiality
of, or harassing or intimidating, a student disciplinary committee member;
or
(g) Failure to comply with any
disciplinary sanction(s) imposed under this student conduct code.
(20)
Unsafe vehicle
operation. Operation of any motor vehicle on college property in an
unsafe manner or in a manner which is reasonably perceived as threatening the
health or safety of another person.
(21)
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.
(22)
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.
(23)
Aiding or abetting. Aiding,
abetting, inciting, encouraging, or assisting another person to commit any of
the foregoing acts of misconduct.
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.
Statutory Authority:
RCW
28B.50.140 and
chapter
34.05 RCW. 03-15-063,
§ 132R-04-057, filed 7/14/03, effective
8/14/03.
