Current through Register Vol. 24-18, September 15, 2024
The college may impose sanctions against a student found
responsible for committing, attempting to commit, aiding, abetting, inciting,
encouraging, or assisting 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 collaboration 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) 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 sanctions, up to and
including a failing grade in an academic course or dismissal from an academic
program, in response to academic dishonesty. Policies and procedures governing
the imposition of academic sanctions for academic dishonesty can be found in
the course syllabus, and any applicable program handbook.
(2)
Other dishonesty. Any other
act of dishonesty including, but 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;
(c) Furnishing false information, or failing
to furnish correct information, in response to the request or requirement of a
college officer or employee.
(3)
Disruption or obstruction.
Conduct not otherwise protected by law, that interferes with, impedes, or
otherwise unreasonably hinders the following:
(a) Instruction, services, research,
administration, disciplinary proceedings, 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 or under college jurisdiction, whether or not actually
conducted or sponsored by the college.
(4)
Assault or intimidation.
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 purpose 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
communication 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, correspondence using another's 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 property of another person. Property for the purposes of
this subsection includes, but is not limited to, computer passwords, access
codes, identification cards, personal financial account numbers, other
confidential personal information, intellectual property, and college
copyrights and trademarks.
(7)
Failure to comply. Failure to comply with a 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 legal disabling chemical sprays
when possessed and/or used for self defense.
(9)
Hazing.
(a) Hazing is an act committed as part of:
(i) A person's recruitment, initiation,
pledging, admissions 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 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, 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 and intended for human consumption, regardless of form, or being
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 the appearance of being 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. 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, water pipes, hookahs,
chewing tobacco, vaporizers, and snuff.
(11)
Lewd conduct. Conduct which
is obscene, indecent, pornographic and/or lascivious 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; age;
religion; creed; gender, including pregnancy; marital status; 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.
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 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 gender
identity or perceived gender 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 is any
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 is any intentional 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 breast, groin, mouth, or other bodily orifice of another individual,
or any other bodily contact in a sexual manner.
(iii) Domestic violence includes 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.
(iv) Dating violence means physical violence,
bodily injury, assault, the infliction of fear or imminent physical harm,
sexual assault, or stalking committed 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.
(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; age; religion; genetic information; gender, including
pregnancy, marital status; 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)
Hostile environment. Unwelcome conduct that a reasonable person
would find to be so severe, pervasive, or objectively offensive that it
effectively denies a person equal access to the college's educational programs
or activities.
(16)
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.
(17)
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 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;
(i) Failure to
comply with the college's electronic use policy.
(18)
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.
(19)
Safety violation. Any nonaccidental or negligent conduct that
interferes with or otherwise compromises any college policy, equipment, or
procedure relating to the safety and security of self or the campus community,
including tampering with fire safety equipment and triggering false alarms or
other emergency response systems. A safety violation may include the 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.
(20)
Violation of
other laws and policies. Violation of any federal, state, or local law,
rule, or regulation or other college rules or policies.
(21)
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 shall proceed with student disciplinary proceedings regardless of
whether the underlying conduct is subject to civil or criminal
prosecution.
