Washington Administrative Code
Title 132V - Tacoma Community College
Chapter 132V-121 - Code of student conduct
Section 132V-121-070 - Code of student conduct procedures
Universal Citation: WA Admin Code 132V-121-070
Current through Register Vol. 24-18, September 15, 2024
(1) Purpose. The code of student conduct procedures are designed to afford complainants and respondents a fair and accessible process that educates students about their rights and responsibilities, holds students accountable for their actions, and provides due process.
(2) Complaints and student conduct appeal board hearings.
(a) Any
member of the college community may submit a complaint against a student for
violation of the code of student conduct. Any complaint must be submitted in
writing to the student conduct administrator within ten instructional days of
the date the person became aware or reasonably can be expected to have become
aware of the alleged violation of the code of student conduct.
(b) All complaints will be presented to the
respondent by the college in written form (i.e., by U.S. mail to the student's
address of record, to the student's TCC e-mail address, or delivered in
person).
(c) The student conduct
administrator will schedule an initial meeting with the respondent to discuss
the complaint.
(i) During the initial meeting,
the student conduct administrator will explain the process, the respondent's
rights and responsibilities, and review the complaint and alleged violation(s)
of the code of student conduct. The student conduct administrator will seek
information from the respondent regarding the allegations and may seek
additional information from other involved parties or observers.
(ii) If there is more than one respondent
involved in the complaint, the student conduct administrator at sole discretion
may permit the conferences concerning each respondent to be conducted either
separately or jointly.
(3) The student conduct administrator will investigate to determine if the complaint has merit and will take one of the following actions:
(a) If the student conduct
administrator determines that the case has no merit, the case will be
dismissed;
(b) If the respondent
and the student conduct administrator mutually agree to the resolution of the
complaint, it will be put in writing and there will be no subsequent
proceedings;
(c) If the respondent
disagrees with the student conduct administrator's resolution of the complaint,
the respondent may appeal the decision of the student conduct administrator to
the student conduct appeal board, provided:
(i) The respondent must submit his or her
appeal in writing to the student conduct administrator within seven calendar
days of the date the decision is communicated to the student, either verbally
or in writing, by the student conduct administrator;
(ii) A time will be set for a student conduct
board appeal board hearing no later than the fifteenth instructional day after
the respondent's written appeal has been received by the student conduct
administrator;
(d) Such
other action as the student conduct administrator deems appropriate.
(4) At any time during this process, failure to meet with the student conduct administrator at the appointed time may subject the respondent to a conduct hold. If the respondent fails to meet with the student conduct administrator in a timely fashion the complaint will be determined in the respondent's absence.
(5) Student conduct appeal board hearings will be conducted according to the following guidelines:
(a) Formal rules of process, procedure,
and/or rules of evidence, such as are applied in criminal or civil court, are
not used in student conduct proceedings;
(b) The respondent will be notified in
written form (i.e., by U.S. mail to the student's address of record, to the
student's TCC e-mail address, or delivered in person) at least seven calendar
days in advance of the hearing. Such notification will include the time, date
and location of the hearing; and the specific complaints against the
respondent. Upon request, any documents or other physical evidence that will be
presented by any party at the hearing will be provided no less than three
instructional days before the hearing to all other parties. Upon request, a
list of persons who may appear at the hearing or provide written testimony for
any party will be provided no less than three instructional days before the
hearing to all other parties;
(c)
Student conduct appeal board hearings normally will be conducted in
private;
(d) The student conduct
appeal board will be composed of five members. The membership will consist of
one member of the exempt staff, chosen by the vice-president for student
services; two faculty members chosen by the faculty union president; and two
students chosen by the president of the associated student body;
(i) Chairperson. The student conduct appeal
board will elect its own chairperson for each complaint brought before
it.
(ii) Quorum. A quorum will
consist of no less than three members, provided, that one exempt staff, one
faculty and one student are present.
(iii) Substitutes:
(A) Any member of the student conduct appeal
board who has direct knowledge or involvement in a complaint under
consideration may be excused from participation in the hearing or
appeal.
(B) Substitutes may be
appointed to form a quorum.
(e) The complainant and respondent and their
advisors, if any, will be allowed to attend the entire portion of the student
conduct appeal board hearing at which information is received (excluding
deliberations). Admission of any other person to the student conduct appeal
board hearing and level of involvement will be at the sole discretion of the
student conduct appeal board and/or the student conduct
administrator;
(f) In student
conduct appeal board hearings involving more than one respondent, the student
conduct administrator, in his or her sole discretion, may permit the student
conduct appeal board hearings concerning each student to be conducted either
separately or jointly;
(g) The
complainant and the respondent may be assisted by an advisor of their choice.
The advisor must be a member of the college community and may not be an
attorney. The complainant and/or the respondent is responsible for presenting
his or her own information. Therefore, advisors are not permitted to speak or
to participate directly in any hearing before a student conduct appeal board. A
student should select as an advisor a person whose schedule allows attendance
at the scheduled date and time for the student conduct appeal board hearing
because delays will not normally be allowed due to the scheduling conflicts of
an advisor;
(h) The complainant,
the respondent and the student conduct appeal board may arrange for witnesses
to present pertinent information to the student conduct appeal board. The
college will try to arrange the attendance of possible witnesses who are
members of the college community, if reasonably possible, and who are
identified by the complainant and/or respondent at least two weekdays prior to
the student conduct appeal board hearing. Witnesses will provide information to
and answer questions from the student conduct appeal board. Questions may be
suggested by the respondent and/or complainant to be answered by each other or
by other witnesses. This will be conducted by the student conduct appeal board
with such questions directed to the chairperson, rather than to the witness
directly. This method is used to preserve the educational tone of the hearing
and to avoid creation of an adversarial environment. The chairperson of the
student conduct appeal board will determine relevancy of the
questions;
(i) Pertinent records,
exhibits and written statements may be accepted as information for
consideration by the student conduct appeal board at the sole discretion of the
chairperson;
(j) All procedural
questions are subject to the final decision of the chairperson of the student
conduct appeal board;
(k) After the
portion of the student conduct appeal board hearing concludes in which all
pertinent information has been received, the student conduct appeal board will
determine which section(s) of the code of student conduct, if any, that the
respondent has violated.
(6) The student conduct appeal board's determination will be made on the basis of whether it is more likely than not that the respondent violated the code. Formal rules of process, procedure, and/or rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. There will be a single verbatim record, such as a tape recording, of all student conduct appeal board hearings before a student conduct appeal board (not including deliberations). Deliberations will not be recorded. The record will be the property of the college.
(7) If a respondent does not appear before a student conduct appeal board hearing, the information in support of the charges will be presented and considered even if the respondent is not present.
(8) The student conduct appeal board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, or other witness during the hearing by providing separate facilities, by using a visual screen, or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined by the vice-president for student services to be appropriate.
(9) In consultation and agreement with the vice-president for student services, the student conduct appeal board will issue a final determination as follows:
(a)
The board determines that the case has no merit, and the case is
dismissed;
(b) The board upholds
the determination of responsibility and consequences imposed by the student
conduct administrator;
(c) The
board upholds part or all of the determination of responsibility and modifies
the consequences.
(10) Consequences.
(a) Any student found to have
violated the code of student conduct will be subject to one or more of the
following consequences:
(i) Warning. Written
notice to a student that the student has been in violation of college policy or
has otherwise failed to meet the college's standards of conduct. Such warnings
will include the statement that continuation or repetition of the specific
conduct involved or other misconduct may result in one of the more serious
consequences;
(ii) Reprimand.
Written action censuring a student for violation of college policy or otherwise
failing to meet the college's standards of conduct. The written reprimand will
be filed in the office of the vice-president for student services for the
duration of the student's attendance at the college. A reprimand will include
the statement that continuation or repetition of the specific conduct involved
or other misconduct may result in one of the more serious
consequences;
(iii) Probation.
Conditions placed upon the student's continued attendance for violation of this
chapter. Notice will be made in writing and specify the period of probation and
the conditions to be met by the student. Disciplinary probation may be for a
specific term or for an indefinite period which may extend to graduation.
Violation of the terms of the probation or violation of any college policy
during the probation period may be grounds for additional
consequences;
(iv) Loss of
privileges. Denial of specified privileges for a designated period of
time;
(v) Restitution. Compensation
for loss, damage, or injury. This may take the form of appropriate service
and/or monetary or material replacement;
(vi) Withholding admission or degree.
Admission to or a degree awarded from the college may be withheld for a
specified amount of time;
(vii)
Revocation of admission or degree. Admission to or a degree awarded from the
college is revoked and noted on the transcript. In general this action is
reserved for conduct that includes, but is not limited to, acts of
dishonesty;
(viii) Discretionary
consequences. Work assignments, essays, service to the college, or other
related discretionary assignments;
(ix) No contact. The student may have no
contact with other stated members of the college community;
(x) Suspension. Temporary dismissal from the
college and termination of the person's student status;
(xi) Expulsion. Permanent dismissal from the
college and termination of the person's student status.
(b) More than one of the consequences listed
in (a)(i) through (xi) of this subsection may be imposed for any single
violation.
(c) Consequences for
conduct in class.
(i) Each faculty member is
responsible for conduct in class and is authorized to take such steps as are
necessary when behavior of a student interrupts the normal class procedure.
When behavior is disruptive, the faculty member may dismiss the student from
class for that one class period and make reasonable effort to resolve the
situation. This includes electronically removing a disruptive student from
on-line class situations. However, if the matter becomes so serious as to
result in removing the student from the class for two consecutive class periods
or when a pattern of periodic misconduct occurs, the faculty member will report
the incident to the student conduct administrator in order to seek resolution
to the situation and allow for due process.
(ii) 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.
(d) Disciplinary consequences will be made
part of both the complainant's and the respondent's education record. The
records may be expunged of disciplinary consequences, other than expulsion,
seven years after the quarter in which the incident occurred.
(11) Emergency suspension.
(a) In certain circumstances, the
vice-president for student services, or designee, may impose an emergency
suspension. Emergency suspension may be imposed only:
(i) To ensure the student's own physical or
emotional safety and well-being; or
(ii) To ensure the safety and well-being of
members of the college community or preservation of college property;
or
(iii) If the student poses an
ongoing threat of disruption or interference with the normal operations of the
college.
(b) During the
emergency suspension, a student will be denied access to the campus (including
classes) and/or all other college activities or privileges for which the
student might otherwise be eligible, as the vice-president for student services
or the student conduct administrator may determine to be appropriate.
(c) The student will be notified in writing
of this action and the reasons for the emergency suspension. The student will
also be informed in writing of the time, date and place of an initial
meeting.
(d) An initial meeting
will take place within five instructional days of the emergency suspension. At
the initial meeting the student may show cause why his or her continued
presence on the campus does not constitute a threat and may contest whether a
campus policy was violated.
(e) At
the initial meeting the student conduct administrator, in consultation and
agreement with the vice-president for student services, will decide to uphold
the emergency suspension, dismiss it, or impose other consequences. The student
will be informed in writing of this decision.
(f) The emergency suspension does not replace
the code of student conduct procedures, which will proceed on the normal
schedule, up to and through a student conduct appeal board hearing, if
required.
(g) Appeals.
(i) A decision reached or a consequence
imposed by the student conduct administrator may be appealed by the respondent
within five instructional days of the decision. Such appeals must be in writing
and delivered to the student conduct administrator who will convene a student
conduct appeal board hearing as outlined in subsection (5) of this
section.
(ii) The decision of the
student conduct appeal board will be final.
Statutory Authority: RCW 28B.50.140(13). 11-24-031, § 132V-121-070, filed 12/1/11, effective 1/1/12.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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