Current through Register Vol. 24-06, March 15, 2024
(2)
Statement of student rights.
As members of the Edmonds College academic community, students are encouraged
to develop the capacity for critical judgment and to engage in an independent
search for truth. Freedom to teach and freedom to learn are inseparable facets
of academic freedom. The freedom to learn depends upon appropriate
opportunities and conditions in the classroom, on the campus, and in the larger
community. Students should exercise their freedom with responsibility. The
responsibility to secure and to respect general conditions conducive to the
freedom to learn is shared by all members of the college community.
The following rights are guaranteed to each student within the
limitations of statutory law and college policies necessary to achieve the
educational goals of the college:
(a)
Academic freedom.(i) Students
are guaranteed the rights of free inquiry, expression, and assembly upon and
within college facilities that are generally open and available to the
public.
(ii) Students are free to
pursue appropriate educational objectives from among the college's curricula,
programs, and services, subject to the limitations of
RCW
28B.50.090(3)(b).
(iii) Students shall be protected from
academic evaluation which is arbitrary, prejudiced, or capricious, but are
responsible for meeting the standards of academic performance established by
each of their instructors.
(iv)
Students have the right to a learning environment which is free from unlawful
discrimination, inappropriate and disrespectful conduct, and any and all
harassment, including sexual harassment.
(b)
Due process.
(i) The rights of students to be secure in
their persons, quarters, papers, and effects against unreasonable searches and
seizures is guaranteed.
(ii) No
disciplinary sanction may be imposed on any student without notice to the
accused of the nature of the charges.
(iii) A student accused of violating this
code of student conduct is entitled, upon request, to procedural due process as
set forth in the student conduct hearing procedures.
(3)
Student
misconduct. 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 includes, but
is not limited to, any of the following:
(a)
Academic dishonesty. Any act of academic dishonesty including, but
not limited to:
(i) Cheating: Includes any
attempt to give or obtain unauthorized assistance relating to the completion of
an academic assignment, intentional use or attempted use of unauthorized
material, information, or study aids, misrepresentation of invention or any
information such as falsifying research, inventing or exaggerating data, or
listing incorrect or fictitious references.
(ii) Plagiarism including, but not limited
to, presenting or submitting another person's, entities', and/or sources'
ideas, words, or other works in an instructional course without assigning
proper credit.
(iii) Unauthorized
collaboration including, but not limited to, intentionally sharing or working
together in an academic exercise when such actions are not approved by the
course instructor.
(iv) Academic
dishonesty including, but not limited to, presenting or submitting in an
instructional course either information that is known to be false (while
concealing that falsity) or work that is substantially the same as that
previously submitted in another course (without the current instructor's
approval).
(b)
Other dishonesty. Any other acts of dishonesty. Such acts include,
but are not limited to:
(i) Forgery,
alteration, submission of falsified documents or misuse of any college
document, record, or instrument of identification;
(ii) Tampering with an election conducted by
or for college students; or
(iii)
Knowingly furnishing false information, or failing to furnish accurate and
honest information, in response to the request or requirement of a college
officer or employee.
(c)
Obstruction or disruptive conduct. Conduct, not otherwise
protected by law, that interferes with, impedes, or otherwise hinders:
(i) Any instruction, research,
administration, disciplinary proceeding, or other college activity, including
the obstruction of the free flow of pedestrian or vehicular movement on college
property or at a college activity; or
(ii) Any operation of the college, including
the infringement on the rights of another member(s) of the college community;
or
(iii) Any activity that is
authorized to occur on college property, whether or not actually conducted or
sponsored by the college.
(d)
Assault, intimidation,
harassment. Unwanted touching, assault, battery, physical abuse, verbal
abuse, threat(s), intimidation, harassment, bullying, stalking, 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 subsection:
(i) Bullying is defined
as repeated or aggressive unwanted behavior, not otherwise protected by law
that intentionally humiliates, harms, or intimidates the victim.
(ii) Stalking is defined as engaging in a
course of conduct directed at a specific person that would cause a reasonable
person to fear for their safety or the safety of others, or suffer substantial
emotional distress.
(e)
Cyber misconduct. Cyberstalking, cyberbullying or online
harassment. Use of electronic communications including, but not limited to,
electronic mail, instant messaging, text and image 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 and/or social media identity,
nonconsensual recording of sexual activity, and/or nonconsensual distribution
of a recording of sexual activity.
(f)
Property violation.
Attempted or actual damage to, or theft or misuse of, real or personal
property, or money of:
(i) The college or
state;
(ii) Any student, college
official, employee, or college affiliated or sponsored organization;
or
(iii) Any other member of the
college community, or organization; or
(iv) Possession of such property or money
after it has been stolen.
(g)
Failure to comply with
directive. Failure to comply with the direction of a college official or
employee who is acting in the legitimate performance of their duties, including
refusal to properly identify oneself to such a person when requested to do
so.
(h)
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 in writing by the president
or designee.
(i)
Hazing. Hazing includes, but is not limited to, any initiation
into or affiliation with a student organization or any pastime or amusement
engaged in with respect to such an organization that causes, or is likely to
cause, bodily danger or physical harm, or serious mental or emotional harm, to
any student.
(j)
Tobacco
violation. Violation of the college's Tobacco and Smoke-Free Policy HR
8.0.
(k)
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.
(l)
Marijuana. The use, possession, delivery, sale, 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.
(m)
Drugs. The use, possession,
delivery, sale, or being observably under the influence of any legend drug,
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.
(n)
Lewd conduct. Conduct which
is lewd, or obscene.
(o)
Discrimination. 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 (40+); religion; creed; genetic
information; sexual orientation; gender identity and expression; veteran's
status; any other legally protected classification; or any violation of the
college's nondiscrimination policy.
(p)
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 132Y-125-130. (prohibited conduct
under Title IX).
(i)
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 :
(A) Deny or
limit the ability of a student to participate in or benefit from the college's
educational program;
(B) Alter the
terms or conditions of employment for a college employee(s); and/or
(C) Create an intimidating, hostile, or
offensive environment for other campus community members.
(ii)
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.
(iii)
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.
(A) Nonconsensual sexual intercourse . Any
actual or attempted sexual intercourse (anal, oral, or vaginal), however
slight, with any object, 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.
(B) 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.
(C) Incest. Sexual
intercourse or sexual contact with a person known to be related to them, either
legitimately, as an ancestor, descendant, brother, or sister or either wholly
or half related. Descendant includes stepchildren, and adopted children under
the age of eighteen.
(D) Statutory
rape. Consensual intercourse between a person who is eighteen years of age or
older, and a person who is under the age of sixteen.
(E) 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 cohabitating with or has cohabitated with the
victim, 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 the person's act
under the domestic or family violence laws of the state of Washington,
RCW
26.50.010.
(F) Dating violence. Physical violence,
bodily injury, assault, the infliction of fear of imminent physical harm,
sexual assault, or stalking committed by a person:
(I) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(II) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(aa) The length of the
relationship;
(bb) The type of
relationship; and
(cc) The frequency
of interaction between the persons involved in the
relationship.
(G) Stalking. Engaging in a course of conduct
directed at a specific person that would cause a reasonable person to:
(I) Fear for their safety or the safety of
others; or
(II) Suffer substantial
emotional distress.
For the 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 words or conduct indicating freely given agreement to have
sexual intercourse or sexual contact.
A person cannot consent if he or she is unable to understand
what is happening or is 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 noncon-sensual
conduct.
Intoxication is not a defense against allegations that an
individual has engaged in nonconsensual sexual conduct.
(q)
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; religion; creed; genetic information; sexual orientation;
gender identity and expression; 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.
(r)
Retaliation. Harming, threatening, intimidating, coercing, or
taking adverse action of any kind against a person because such a 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.
(s)
Misuse of electronic
resources. Theft of or other misuse of computer time or other electronic
information resources of the college. Such misuse includes, but is not limited
to:
(i) Unauthorized use of such resources or
opening of a file, message, or other item;
(ii) Unauthorized duplication, transfer,
download, upload, or distribution of a computer program, file, message, or
other item;
(iii) Unauthorized use
or distribution of someone else's password or other identification;
(iv) Use of such time or resources to
interfere with someone else's work;
(v) Use of such time or resources to send,
display, or print an obscene or abusive message, text, or image;
(vi) Use of such time or resources to
interfere with normal operation of the college's computing system or other
electronic information resources;
(vii) Use of such time or resources in
violation of applicable copyright or other law;
(viii) Adding to or otherwise altering the
infrastructure of the college's electronic information resources without
authorization; or
(ix) Failure to
comply with the college's regulation on appropriate use of college information
technology resources or the electronic use policies as established by the
college.
(t)
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.
(u)
Safety violation. Safety
violation includes any non-accidental 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.
(v)
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.
(w)
Abuse or misuse of hearing procedures. Abuse or misuse of any of
the procedures relating to student complaints or misconduct including, but not
limited to:
(i) Falsification or
misrepresentation of information;
(ii) Disruption, or interference with the
orderly conduct of a proceeding;
(iii) Interfering with someone else's proper
participation in a proceeding;
(iv)
Destroying or altering potential evidence, or attempting to intimidate or
otherwise improperly pressure a witness or potential witness, including
retaliation;
(v) Attempting to
influence the impartiality of, or harassing or intimidating a student conduct
committee member; or
(vi) Failure
to comply with any disciplinary sanction(s) imposed under Edmonds College's
student conduct code.
(x)
Ethical violation. The
breach of any generally recognized and/or 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 program.
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 investigation or
prosecution.
(4)
Sanctions. Disciplinary actions include, but are not limited to,
the following sanctions that may be imposed upon students according to the
student code of conduct hearing procedures.
(a)
Warning. A verbal statement
to a student that there is a violation and that continued violation may be
cause for further disciplinary action.
(b)
Reprimand. Notice in writing
that the student has violated one or more terms of the college's student
conduct code and that continuation of the same or similar behavior may result
in more severe disciplinary action.
(c)
Probation. Formal action
placing specific conditions and restrictions upon the student's continued
attendance and/or enrollment, and/or participation in college programs or
activities, depending upon the seriousness of the violation and which may
include a deferred disciplinary sanction. If the student subject to a deferred
disciplinary sanction is found in violation of any college rule during the time
of disciplinary probation, the deferred disciplinary sanction which may
include, but is not limited to, a suspension or a dismissal from the college,
shall take effect immediately without further review. Any such sanction shall
be in addition to any sanction or conditions arising from the new violation.
Probation may be for a limited period of time or may be for the duration of the
student's attendance and/or enrollment at the college.
(d)
Suspension. Dismissal from
the college and from the student status for a stated period of time. There may
be no refund of tuition or fees for the quarter in which the action is
taken.
(e)
Dismissal.
The revocation of all rights and privileges of membership in the college
community and exclusion from the campus and college-owned or controlled
facilities without any possibility of return. There will be no refund of
tuition or fees for the quarter in which the sanction is taken.