Current through Register Vol. 24-06, March 15, 2024
College disciplinary proceedings may be used to determine a
student's responsibility for conduct that potentially violates criminal law and
this student code of conduct (that is, if both alleged violations result from
the same factual situation) without regard to the pendency of civil or criminal
litigation in court or criminal arrest and prosecution. Proceedings under this
student code of conduct may be carried out prior to, simultaneously with, or
following civil or criminal proceedings. Determinations made or sanctions
imposed under this student code of conduct will not be subject to change
because criminal charges arising out of the same facts that gave rise to
violation of college rules were dismissed, reduced, or resolved in favor of or
against the criminal law defendant. In addition to initiating discipline
proceedings for violation of the student code of conduct, 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.
(1) Initiation of disciplinary action. A
request for disciplinary action for violation(s) of the student code of conduct
must be made to the student conduct officer (SCO) as soon as possible following
the violation. Conduct proceedings may be initiated when the SCO receives any
direct or indirect report of conduct that may violate this code, which
includes, but is not limited to, a police report, an incident report, a witness
statement, other documentation, or a verbal or written report from a
complainant, witness, or other third party.
(a) The college may initiate disciplinary
action under the student code of conduct regardless of whether or not the
incident in question is the subject of criminal or civil proceedings.
(b) Any member of the college's
administration, faculty, staff, or any student or nonstudent may make a request
for disciplinary action, and it must be a good faith claim.
(c) Formal rules of evidence, such as are
applied in criminal or civil court, are not used in conduct proceedings.
Relevant evidence, including hearsay, is admissible if it is the type of
evidence that reasonable persons would rely upon in the conduct of their
affairs. Unduly repetitious or irrelevant evidence may be excluded.
(2) The student conduct officer
(SCO), student conduct board (SCB), or college vice president of student
services or designee will determine the admissibility of evidence and may seek
clarification from witnesses as needed.
(a) If
the complaint indicates that the matter involves sexual misconduct as defined
by chapter 132T-105 WAC, the SCO will forward the complaint to the Title IX
coordinator for review in accordance with chapter 132T-105 WAC.
(b) The SCO or designee will conduct an
initial investigation of a complaint to determine whether it alleges conduct
that may be prohibited by the student code of conduct. If it is determined
through the initial investigation that the report has merit, the SCO will
investigate to determine responsibility.
(c) Except in cases of sexual assault or
sexual violence outside of the Title IX definition, the parties may elect to
mediate the dispute, which shall be facilitated by the SCO or
designee.
(d) If the SCO has a
conflict of interest or is the subject of a complaint by the student, the
president or designee shall, upon request and at their discretion, designate
another person to fulfill any such disciplinary responsibilities relative to
the request for disciplinary action.
(3) Notification requirements.
(a) If it is determined through the initial
investigation that an alleged violation of the student code of conduct might
have occurred and which is not eligible for referral to the Title IX
coordinator, the SCO will provide the following written notification:
(i) That a report has been submitted alleging
conduct which violates the student code of conduct and that a conduct
investigation has been initiated to determine responsibility;
(ii) The specific sections of the student
code of conduct which are alleged to have been violated;
(iii) That the student may either accept
responsibility for the alleged violations or request a conduct meeting with the
SCO to present evidence to refute the report;
(iv) That the student may provide evidence
such as names and contact information of witnesses to aid in the conduct
investigation;
(v) That lists the
range of possible sanctions, including the actual sanctions which are issued
based on the results of the investigation; and
(vi) That if the student fails to participate
in any stage of the conduct proceedings or to request a conduct meeting within
14 calendar days from the date of the notice, the college may move forward with
the conduct proceeding without their participation.
(b) If the student requests a conduct meeting
within 14 calendar days of the notice, the student will be provided a written
notice to appear for a conduct meeting. The notice to appear will be personally
delivered, sent electronically to the student's college email address or sent
by mail to the most recent address in the student's record on file with the
college, not later than 14 calendar days after the request for a conduct
meeting. The notice will not be ineffective if presented later due to the
student's absence. Such notice will:
(i) Set
forth the specific provisions of the student code of conduct and the specific
acts which are alleged to be violations, as well as the date(s) of the
violation(s), and a description of evidence, if any, of the
violation.
(ii) Notify the student
of the SCO's investigation and possible sanctions, if any.
(iii) Specify the time, date, and location
where the student is required to meet with the SCO. The meeting will be
scheduled no earlier than three business days, but within 30 calendar days of
the date on the notice that was sent to the student to appear before the SCO.
The SCO may modify the time, date, and location of the meeting, either at the
student's or college's request, for reasonable cause.
(iv) Inform the student that failure to
attend the conduct meeting will not stop the disciplinary process and may
result in a transcript/registration hold being placed on the student's account
and disciplinary action(s).
(v)
Inform the student that they may be accompanied at the meeting by an advisor at
their expense. The advisor cannot be a college employee or witness. If the
student or their advisor is found to have tampered with witnesses or evidence,
or destroyed evidence, the student will be held accountable in the conduct
process for their acts and those of their advisor.
(vi) Inform the student that they may present
evidence to support their assertions during the meeting.
(4) Student conduct meeting -
Brief adjudicative process will follow WAC 132T-100-230.
(a) During the student conduct meeting, the
student will be informed of the following:
(i)
The specific acts and the provision(s) of this chapter and college policy that
the student is alleged to have violated;
(ii) The disciplinary process;
(iii) The range of sanctions which might
result from the disciplinary process and that the actual sanctions will depend
on the findings of responsibility; and
(iv) The student's right to appeal.
(b) The student will have the
opportunity to review and respond to the allegation(s) and evidence and provide
the SCO with relevant information, evidence and/or witnesses to the alleged
violation(s), and/or explain the circumstances surrounding the alleged
violation(s).
(c) The advisor may
assist the student during the conduct meeting; however, the student is
responsible for presenting their own information and evidence. The advisor may
only communicate with the student they are advising. Any disruptions or failure
to follow the conduct process and/or directions of the SCO may result in the
advisor being excused from the meeting.
(5) Decision by the SCO.
(a) After interviewing the student or
students involved and/or other individuals as appropriate, and considering the
evidence, the SCO may take any of the following actions:
(i) Determine that the student is not
responsible for a violation of the student code of conduct and thereby
terminate the student conduct process;
(ii) Determine that the student is
responsible for a violation of the student code of conduct and impose
disciplinary sanctions as provided herein; or
(iii) Determine that further inquiry is
necessary and schedule another meeting for reasonable cause.
(b) Notification of the decision
by the SCO will be issued pursuant to WAC 132T-100-070 within 30 calendar days
of the final student conduct meeting. Due to federal privacy law, the college
may not disclose to the complainant any sanctions imposed on the responding
student unless the complainant was the alleged victim of a violent crime as
defined under the Family Educational Rights and Privacy Act (FERPA)
(20 U.S.C. Sec.
1232g; 34 C.F.R. Part 99), this chapter, and
the college's administrative policies and procedures, or the responding student
consents to such disclosure. A copy of the decision notification will be filed
with the office of the SCO.
(c)
Disciplinary action taken by the SCO is final unless the student exercises the
right of appeal as provided herein.