Current through Register Vol. 24-24, December 15, 2024
The college may impose disciplinary sanctions against a student
who commits, or aids, abets, incites, encourages, or assists 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 assistance
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) Academic 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. Further
academic consequences may follow consistent with the provisions in any program
handbook. Incidents of academic dishonesty may also be referred to the student
conduct officer for disciplinary action consistent with this chapter in
addition to the academic consequences identified above.
(2)
Other dishonesty. Any other
acts of dishonesty. Such acts 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 activity;
(b) The free flow of pedestrian or vehicular
movement on college property or at a college activity;
(c) Any student's ability to profit from the
instructional program; or
(d) Any
activity that is authorized to occur on college property, whether or not
actually conducted or sponsored by the college.
(4)
Assault, intimidation, and/or
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 defined
as repeated or aggressive unwanted behavior, not otherwise protected by law
that intentionally humiliates, harms, or intimidates the victim.
(5)
Imminent danger. Where the
student presents an imminent danger to college property, or to themselves, or
other students or persons in college facilities on or off campus, or to the
education processes of the college.
(6)
Cyber misconduct.
Cyberstalking, cyberbullying, or online harassment. 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. 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.
(7)
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 purposes of
this subsection includes computer passwords, access codes, identification
cards, personal financial account numbers, other confidential personal
information, intellectual property, and college trademarks.
(8)
Noncompliance. Failure to
comply with:
(a) The direction 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;
(b) A college
rule or policy as set forth in the
Lake Washington Institute of
Technology Policies and Procedures Manual which may be found in the
library or online.
(9)
Weapons. Possession, holding, wearing, transporting, storage, or
presence of any firearm, dagger, sword, knife or other cutting or stabbing
instrument, club, martial arts weapons, explosive device, dangerous chemicals,
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;
or
(b) A student with a valid
concealed weapons permit may store a firearm in their vehicle parked on campus
in accordance with
RCW
9.41.050, provided the vehicle is locked and
the weapon is concealed from view; or
(c) The president or designee may authorize
possession of a weapon on campus upon a showing that the weapon is reasonably
related to a legitimate pedagogical purpose. Such permission shall be in
advance to bringing weapons to the college, in writing, and shall be subject to
such terms or conditions incorporated therein.
(10)
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;
(iii) Any act 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.
(d) Consent is not a valid defense against
hazing.
(11)
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.
"Related products" include, but are not limited to, cigarettes, pipes, bidi,
clove cigarettes, waterpipes, hookahs, chewing tobacco, and snuff.
(12)
Alcohol. Being observably
under the influence of any alcoholic beverage, or otherwise using, possessing,
selling, or delivering any alcoholic beverage, except as permitted by law and
authorized by the college president.
(13)
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.
(14)
Drugs. The use, possession,
delivery, sale, or being observably 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. Being
observably under the influence of any lawfully prescribed drug when enrolled in
classes that require operation of heavy equipment or other dangerous
equipment.
(15)
Disorderly
conduct. Conduct which is disorderly, lewd, obscene, or a breach of
peace on college premises or at college sponsored activities that is not
otherwise protected under the law.
(16)
Discriminatory conduct.
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; religion; creed; sexual orientation; gender identity; veteran's
status; or any other legally protected classification.
(17)
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
495D-121-680 (supplemental Title
IX student conduct procedures).
(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 of a student 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 sex,
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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 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.
(i)
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:
(A) The length of the
relationship;
(B) The type of
relationship; and
(C) The frequency
of interaction between the persons involved in the relationship.
(j) For 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 they are unable to understand what is happening or are 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 nonconsensual conduct. Intoxication is not a
defense against allegations that an individual has engaged in nonconsensual
sexual conduct.
(18)
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; age; religion; creed; genetic information; 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.
(19)
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.
(20)
Misuse of information 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;
(i) Failure to
comply with the college's acceptable use policy.
(21)
Breach of campus safety.
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. Breaching campus safety or
security includes, but is not limited to:
(a)
Unauthorized access to college facilities; intentionally damaging door locks;
unauthorized possession of college keys or access cards; duplicating college
keys or access cards; propping open of exterior doors; or unauthorized entry
onto or into college property;
(b)
Tampering with fire safety equipment, such as fire extinguishers, smoke
detectors, alarm pull stations or emergency exits or triggering false alarms or
other emergency response systems;
(c) Placement of equipment or vehicles,
including bicycles, so as to obstruct the means of access to/from college
buildings;
(d) Entering or
remaining in any closed college facility or entering after the closing time of
the college facility without permission of a college official;
(e) 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.
(22)
Abuse of procedures. 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;
(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 conduct committee member;
(g) Failure to comply with any disciplinary
sanction(s) imposed under this student conduct code.
(23)
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.
(24)
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 reserves the right to pursue student disciplinary proceedings
regardless of whether the underlying conduct is subject to civil or criminal
prosecution.
