reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-080 - Academic affairs

Current through Register Vol. 24-14, July 15, 2024
Students' scholastic performance shall be evaluated on the basis
				of educational performance, not on opinions or conduct in matters unrelated to
				scholastic standards.
(1)
Protection of freedom of expression.
Students shall be free to take
			 reasoned exception to the data or views offered in any course of study and to
			 reserve judgment about matters of opinion, but they are responsible for learning
			 the content of any course for which they are enrolled.
(2)
Right to pursue educational
			 goals.
Students are free to pursue appropriate educational goals from
			 among the college's curricula, programs, and services, subject to the limitations
			 of RCW
			   28B.50.090(3)(b).
(3)
Protection against improper academic
			 evaluation.
Students shall have protection, through orderly procedures,
			 against prejudice or capricious academic evaluation. At the same time, they are
			 responsible for maintaining the standards of academic performance established for
			 each course in which they are enrolled (see academic grievance procedure in
			 student hand book, WAC 132E-122-090).
(4)
Rights and responsibilities regarding
			 final examinations.
Students have the right to have course comprehensive
			 final exam inations schedu led per the college's final exam schedule and are
			 expected to take these examinations as scheduled by the final exam schedule. A
			 comprehensive final examination is that which includes materials covered
			 throughout the entire course. The exception to this rule applies during summer
			 quarter when there is not a scheduled final examination week.
(5)
Right to attend classes as regularly
			 scheduled.
Students have the right to expect classes to be held as
			 regularly scheduled and are expected to attend such classes per the class
			 instructor's attendance expectations as stated in the syllabus for the
			 course.
(6)
Rights and
			 responsibilities regarding course syllabi.
Students have the right to
			 expect the class instructor to follow their course syllabus and if any changes
			 are made to the grading system and/or course requirements during the quarter, the
			 students must be promptly notified. If a different instructor is assigned to the
			 class during the quarter, the original course syllabus shall be followed;
			 however, if the new instructor determines a need to modify the syllabus for the
			 portion of the class they are teaching, the students must be promptly notified.
			 The students are responsible for reading and understanding the information
			 provided in the course syllabus and any changes made to it during the
			 quarter.
(7)
Protection against
			 improper disclosure.
Information about student views, beliefs, and
			 political associations acquired by faculty members in the course of their work as
			 instructors, advisors, and counselors will be considered as privileged and
			 confidential.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-090 - Academic affairs grievance procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition of an academic
			 grievance.
If a student has evidence that they have been: Unfairly treated
			 in matters related to grading, course policies or expectation; falsely accused of
			 cheating; or inappropriately penalized for alleged cheating, they may be said to
			 have an academic grievance. Students who feel that such unfair treatment has
			 transpired should feel free to raise the question of how such a grievance may be
			 resolved with the office of the chief academic affairs officer or designee which
			 will provide information (without judgment) regarding the procedure for filing an
			 academic grievance. Students should also feel free to contact any member of the
			 campus community who they trust who may assist the student and/or refer the
			 student to the appropriate resource. In addition to the office of the chief
			 academic affairs officer, the offices/centers that can generally be of the most
			 assistance in terms of advice, support, and referral regarding these matters are
			 the office of the chief student affairs officer, the offices of the academic
			 deans, the office of the chief human resources officer, the chief diversity and
			 equity officer, counseling services, center for disability services, Bridges
			 learning center, student LIFE office, and campus safety and security.
(2)
Informal procedure resolution.
Informal complaints should be made to the appropriate division dean or
			 supervising administrator. Upon receipt of a student complaint by the division
			 dean, the following steps may be taken:
(a) The
			 student will be encouraged to discuss the alleged problem with the involved
			 instructor; or if the complaint involves a program, the student will be
			 encouraged to speak to the director/dean of the involved program.
(b) If the student is not satisfied as a result
			 of such discussion, they should then meet with the director/dean or supervising
			 administrator.
(c) If the complaint
			 is not resolved at this level, the student, the instructor and the director/dean
			 should meet with the chief academic officer or designee to attempt
			 resolution.
(d) If the complaint is
			 not resolved at this level, the student may institute formal grievance
			 procedures.
(e) During any meetings
			 that occur in (a) through (c) of this subsection, the student may invite another
			 person or two to be with them in the meeting. The other person(s) are present to
			 assist and advise the student although an accommodation of a spokesperson (a
			 person who would address the college official, or assist the person in addressing
			 the college official) may be approved if a person's disability warrants such an
			 accommodation. Other circumstances regarding a request by the student for the use
			 of a spokesperson would be considered by the director/dean of supervising
			 administrator facilitating the meeting.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-100 - Students as research subjects

Current through Register Vol. 24-14, July 15, 2024
(1) Permission may be granted for conduct of
			 research involving students for such purposes as the pursuit of advanced degrees,
			 classroom research, independent student research, and research for off-campus
			 individuals and agencies. Participation therein is the choice of the individual
			 student. Persons planning research on human subjects must secure permission in
			 advance of the project from the institutional review board (IRB). Minimally such
			 approval will entail:
(a) Assurance that the
			 project does not conflict with examinations or require a major loss of classroom
			 time;
(b) Assurance that students
			 know they have the alternative of choosing to participate or not;
(c) Explanation of the purpose of the research
			 and disclosure of all possible risks to which students might be exposed in the
			 research and a thorough explanation of effects that will be employed to reduce
			 those risks;
(d) Provision for
			 students to have the opportunity to see the results of the research;
(e) Evidence that the research method is
			 appropriate for the subject to be studied;
(f) Guarantee of confidentiality of student
			 records and responses.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-110 - Student affairs

Current through Register Vol. 24-14, July 15, 2024
(1) Students are free to organize and join
			 associations to promote their common interests, provided such organizations or
			 associations do not disrupt or interfere with the mission of the college.
(a) The membership, policies, and actions of a
			 student organization will be determined by vote of only those persons who hold
			 bona fide membership in the student body as determined by current enrollment in
			 the college.
(b) Affiliation with an
			 external organization shall not of itself disqualify a student organization from
			 institutional recognition.
(c) An
			 organization is free to nominate its own advisor from the campus faculty and
			 staff. Campus advisors shall advise organizations in the exercise of the rights
			 and responsibilities as an organization, but they will not have authority to
			 control the policies of such organizations.
(d) Student organizations shall be required to
			 submit a constitution to the office of student activities which includes a
			 statement of purpose, criteria for membership, rules or procedures, and a current
			 list of officers to the student government recognized by the college.
(e) Campus organizations, including those
			 affiliated with an extramural organization shall be open to all
			 students.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-120 - Student affairs grievance procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition of a student affairs
			 grievance.
If a student has evidence that they have been unfairly treated
			 in matters related to student services/student auxiliary services, policies,
			 procedures, or expectations, they may be said to have a student affairs
			 grievance. Students who feel that such unfair treatment has transpired should
			 feel free to raise the question of how such a grievance may be resolved with the
			 associated student executive council which will provide information (without
			 judgment) regarding the procedure for filing a grievance. Students should also
			 feel free to contact any member of the campus community who they trust that may
			 assist the student and/or refer the student to the appropriate resources. In
			 addition to the chief student affairs officer, the offices/centers that can
			 generally be of the most assistance in terms of advice, support, and referral
			 regarding these matters are the office of the chief academic affairs officer, the
			 offices of the academic deans, and the office of the chief human resources
			 officer, outreach, diversity and equity center, counseling and career center,
			 center for disability services, Rainier learning center, student activities
			 office, and campus safety and security.
(2)
Informal procedure for
			 resolution.
Informal complaints should be made to the appropriate
			 administrator. Upon receipt of a student complaint by the administrator, the
			 following steps will be taken:
(a) The student
			 will be encouraged to discuss the alleged problem with the party concerned; or if
			 the complaint involves a program, the student will be encouraged to speak to the
			 appropriate supervisor.
(b) If the
			 student is not satisfied as a result of such discussion, they should then meet
			 with the immediate administrator to resolve the complaint.
(c) If the complaint is not resolved at this
			 level, the student, the respondent and the administrator should meet with the
			 chief student affairs officer or the vice president under which the
			 program/service is administratively aligned.
(d) If the complaint is not resolved at this
			 level, the student may institute formal grievance procedures.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-130 - Disclosure of student information

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Unless the student has provided the office of enrollment services with written
			 notice which specifically requests otherwise, designated officials of the
			 college may routinely respond to requests for the following directory
			 information about a student:
(a) Student's
			 name;
(b) Major field of
			 study;
(c) Dates of
			 attendance;
(d) Degrees or
			 certificates earned;
(e) Term
			 degree or certificate awarded;
(f)
			 Honors;
(g) Enrollment
			 status;
(h) Participation in
			 recognized sports.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-140 - College distribution of literature procedures

Current through Register Vol. 24-14, July 15, 2024
In order to ensure an atmosphere in which the discussion of
				diverse points of view and ideas may exist, the following policy with regard to
				the distribution of printed matter will be implemented.
(1) Printed matter by students and student
			 organizations may be distributed in an orderly and nonforceful manner in only
			 such areas as may be designated by the chief student affairs officer or designee
			 except that:
(a) Noninstructional printed matter
			 shall not be distributed in the classroom during regularly scheduled class time
			 unless otherwise approved by the class instructor. Exceptions to this procedure
			 may be made for special educational purposes and/or emergencies by the president,
			 chief student affairs officer, or designee. If and when this occurs, the class
			 instructor, appropriate academic dean, and students in the class shall be
			 notified in a timely fashion;
(b)
			 Printed matter shall not be distributed in college buildings other than in
			 specifically designated areas or in any area where the distribution of printed
			 matter would restrict the physical passage of students or interfere with the
			 instructional program and administrative and student support functions unless
			 otherwise approved on a temporary basis for a specific informational purpose by
			 the chief student affairs officer or designee;
(c) Printed matter shall not be placed on any
			 vehicle parked on the campus;
(d)
			 Posters and advertising bulletins must be approved before they may be posted on
			 campus, and they shall be posted only informational display boards/areas
			 designated for this purpose. In general, students have the right to display
			 posters and advertising bulletins and are expected to do so per the campus
			 posting procedures. Class projects by students to be displayed outside of the
			 classroom must be on designated boards or areas designated for this purpose and
			 approved by the class instructor. Posters and advertising generated for student
			 activity related events and programs must be approved for posting by the office
			 of student activities. Posting rules and guidelines may change periodically and
			 in some cases be specific to a building and/or area of the campus. In general,
			 material concerning off-campus activities will not be approved unless it is
			 determined to be special services to EvCC students;
(e) In addition, designated points of
			 distribution will be made available on campus.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-150 - Authority to request identification

Current through Register Vol. 24-14, July 15, 2024
In situations of suspected misconduct or suspected unauthorized
				presence in a college facility, it may be necessary for properly identified
				college personnel to ask a person to produce evidence of being a currently
				enrolled student at the college. Failure to comply with a legitimate request for
				identification from a properly identified college personnel is a violation of
				this chapter and may result in disciplinary action if the person is found to be a
				student. In emergency situations or in cases of serious misconduct where there is
				a substantial danger to the college community or college property, failure to
				produce identification by a student may result in the assumption by the college
				personnel that the person questioned is not a student and may result in direct
				civil or criminal action.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-160 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
Prohibited student conduct includes engaging in, attempting to
				engage in, or encouraging or assisting another person to engage in, any of the
				conduct set forth in this section. As applicable, the term "conduct" includes
				acts performed by electronic means. The term "includes" or "including" as used in
				this sections means "without limitation."
(1)
Abuse of others.
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 and safety of another person or another
			 person's property.
(2)
Abuse of
			 the student conduct process.
Abuse of the student conduct process
			 includes:
(a) Knowingly making false allegations
			 of misconduct under this conduct code;
(b) Attempting to coerce a person not to make a
			 report or to participate in proceedings under this conduct code;
(c) Attempting to influence the impartiality or
			 participation of a campus official or party of a campus disciplinary proceeding;
			 or
(d) Influencing or attempting to
			 influence another person to commit an abuse of the student conduct
			 process.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-170 - Reporting-Sexual misconduct and discrimination

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Persons who believe that a sexual misconduct or discrimination violation has
			 been committed may contact and make a report to the Title IX coordinator
			 directly .
Title IX Coordinator
425-388-9271
TitleIX coordinator@everettcc.edu
Olympus Hall 114
2000 Tower Street
Everett, WA 98201
(2) The person filing the report will be
			 asked to write a brief statement of allegation(s), including dates, names, a
			 description of the incident, and the remedy sought.
(3)
Sexual misconduct responsible
			 employee reporting.
Any employee who receives a report, formally or
			 informally, of an alleged Title IX violation is required to report such
			 information to the Title IX coordinator. The employee may contact the Title IX
			 coordinator directly at TitleIXcoordinator@everettcc.edu or
			 425-388-9271.
(4)
Campus
			 counselors.
If information regarding a possible sexual misconduct
			 violation is disclosed during a confidential counseling session with a campus
			 counselor, the counselor is not required to report this information to the
			 Title IX coordinator.
(5) If the
			 complaint is against the conduct officer or Title IX coordinator, the matter is
			 to be reported to the vice president of human resources.
Vice President of Human Resources
hr@everettcc.edu
425-388-9232
2000 Tower Street
Everett, WA 98201
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-180 - Confidentiality and right to privacy

Current through Register Vol. 24-14, July 15, 2024
(1) Everett Community College will seek to
			 protect the privacy of the involved parties to the full extent possible,
			 consistent with the legal obligation to investigate, take appropriate remediate
			 action, and comply with the federal and state law, as well as other college
			 policies and procedures.
(2)
			 Confidentiality request and sexual violence complaints.
(a) The Title IX coordinator will inform and
			 obtain consent from the complainant before commencing an investigation into a
			 sexual violence complaint. If a sexual violence complainant asks that their name
			 not be revealed to the respondent or that the college not investigate the
			 allegation, the Title IX coordinator will inform the complainant that maintaining
			 confidentiality may limit the college's ability to fully respond to the
			 allegations and that retaliation is prohibited. If the complainant still insists
			 that their name not be disclosed or that the college not investigate, the Title
			 IX coordinator will determine whether the college can honor the request and at
			 the same time maintain a safe and nondiscrim-inatory environment for all members
			 of the college community, including the complainant. Factors to be weighed during
			 this determination may include, but are not limited to:
(i) The seriousness of the alleged sexual
			 violence.
(ii) The age of the
			 complainant.
(iii) Whether the sexual
			 violence was perpetrated with a weapon.
(iv) Whether the respondent has a history of
			 committing acts of sexual violence or violence or has been the subject of other
			 sexual violence complaints.
(v)
			 Whether the respondent threatened to commit additional acts of sexual violence
			 against the complainant or others.
(vi) Whether relevant evidence can be obtained
			 through other means (e.g., security cameras, other witnesses, physical
			 evidence).
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-190 - Retaliation is prohibited

Current through Register Vol. 24-14, July 15, 2024
(1) Retaliation by, for, or against any
			 participant (i.e., complainant, respondent, witness, Title IX coordinator,
			 investigator) is expressly prohibited and is conduct subject to discipline.
			 Retaliatory action of any kind taken against individuals as a result of
			 participation in proceedings under this conduct code including, but not limited
			 to, serving as a witness in a subsequent investigation or any resulting
			 disciplinary proceedings is prohibited and is conduct subject to
			 discipline.
(2) If you are retaliated
			 against, contact the conduct officer awilliams@everettcc.edu or 425-388-9282 or
			 Title IX coordinator at TitleIXcoordinator@everettcc.edu or 425-388-9271. If you
			 believe the conduct officer or Title IX coordinator has retaliated against you,
			 contact the vice president of administrative services at vpadmin@everettcc.edu or
			 425-388-9232.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-200 - Disciplinary sanctions

Current through Register Vol. 24-14, July 15, 2024
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.
(1)
Warning.
A verbal statement to a student that there is a violation
			 and that continued violation may be cause for further disciplinary
			 action.
(2)
Reprimand.
Notice in writing that the student has violated one or more terms of the
			 college's conduct code and that continuation of the same or similar behavior may
			 result in more severe disciplinary action.
(3)
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 is subject to a deferred
			 disciplinary sanction and 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.
(4)
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.
(5)
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.
(6)
Other sanctions.
The following additional sanctions for conduct code
			 violations may be imposed as required or permitted by law or college policy.
(a)
Athletic eligibility.
A
			 student athlete found in violation of WAC 132E-122-160, relating to drug
			 violations, shall be ineligible to participate in college athletics pursuant to
			 RCW
			   69.41.340.
(b)
Parental notification.
The
			 college reserves the right to inform a student's parent(s) or legal guardian(s)
			 of the student's misconduct to the extent permitted by applicable law.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-210 - Terms and conditions

Current through Register Vol. 24-14, July 15, 2024
Disciplinary terms and conditions that may be imposed alone or
				in conjunction with the imposition of a sanction(s) include, but are not limited
				to, the following:
(1)
Restitution.
Reimbursement for damage to or misappropriation of
			 property, or for injury to persons, or for reasonable costs incurred by the
			 college in pursuing an investigation or disciplinary proceeding. This may take
			 the form of monetary reimbursement, appropriate service, or other
			 compensation.
(2)
Professional
			 evaluation.
Referral for drug, alcohol, psychological or medical
			 evaluation by an appropriately certified or licensed professional may be
			 required. The student may choose the professional within the scope of practice
			 and with the professional credentials as approved by the college. The student
			 will sign all necessary releases to allow the college access to any such
			 evaluation. The student's return to college may be conditioned upon compliance
			 with recommendations set forth in such a professional evaluation. A student may
			 not return to campus if the evaluation indicates that the student is not capable
			 of functioning within the college community, or if the evaluation lacks
			 information for the college to make reasonable accommodations, or until future
			 evaluation recommends that the student is capable of reentering the college and
			 complying with the rules of conduct.
(3)
No contact/trespass order.
An
			 order directing a student to have no contact with a specified student, college
			 employee, a member of the college community, or a particular college facility for
			 a stated period of time.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-220 - Loss of eligibility - Student athletic participation Grounds for ineligibility

Current through Register Vol. 24-14, July 15, 2024
Any student found by the college to have violated chapter 69.41
				RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the
				possession, use or sale of legend drugs, including anabolic steroids, will be
				disqualified from participation in any school-sponsored athletic event or
				activity.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-230 - Standard of burden of proof

Current through Register Vol. 24-14, July 15, 2024
The applicable standard of proof in all disciplinary hearings
				(including those involving sexual misconduct and appeals) is the "preponderance
				of evidence" standard. This means that, in order for a respondent to be held
				responsible for a violation of this conduct code, the conduct officer, Title IX
				coordinator, conduct review officer, student conduct committee, or vice president
				of instruction and student services must conclude, based on all of the evidence
				in the record, that it is more likely than not that the respondent engaged in an
				act or acts of misconduct.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-240 - Initiation of disciplinary action - Non-Title IX

Current through Register Vol. 24-14, July 15, 2024
(1)
Written
			 notice.
The conduct officer will initiate disciplinary action by serving
			 the respondent with written notice of an initial disciplinary meeting. The notice
			 shall briefly describe the factual allegations, the specific conduct code
			 provision(s) the respondent is alleged to have violated, the range of possible
			 sanctions for such violation(s), and specify the time and location of the
			 meeting.
(2)
Disciplinary
			 meeting.
At the disciplinary meeting, the conduct officer will review the
			 allegations with the respondent and, consistent with "Brief Adjudicative
			 Proceedings" under
			 RCW
			   34.05.482, will afford the respondent an
			 opportunity to respond and provide any other information or evidence. If the
			 respondent fails to attend or participate in the meeting, the conduct officer may
			 take disciplinary action based on the available information.
(3) Within ten business days of the initial
			 disciplinary meeting, and after considering the evidence in the case, including
			 any facts or arguments presented by the respondent, the conduct officer shall
			 serve the respondent with a written decision setting forth the facts and
			 conclusions supporting their decision, the specific code of conduct provisions
			 found to have been violated, the discipline imposed (if any), and a notice of any
			 appeal rights with an explanation of the consequences of failing to file a timely
			 appeal.
(4) Following written notice
			 and a disciplinary or investigation meeting, the conduct officer will take any of
			 the following actions:
(a) Dismiss the
			 proceeding upon finding the allegation(s) to be unsubstantiated and after
			 providing any appropriate counseling or warnings. Such action shall be final and
			 not subject to appeal or further review.
(b) If the allegations are found to be
			 substantiated, the conduct officer may impose any of the disciplinary sanctions
			 authorized under WAC 132E-122-200. Such sanction(s) shall be subject to review on
			 appeal as provided in this student code.
(c) Refer the matter for disciplinary action by
			 the student conduct committee. Such referral shall be in writing, to the
			 attention of the committee chair, with a copy served to the respondent. The
			 decision to refer shall not be subject to appeal or further review.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-250 - Initiation of Title IX proceedings

Current through Register Vol. 24-14, July 15, 2024
Title IX includes, but is not limited to, the following
				prohibited student conduct: Domestic violence, gender-based harassment, sex
				discrimination, sexual harassment, sexual intimidation, sexual violence including
				dating violence, non-consensual sexual intercourse (rape), nonconsensual sexual
				contact (sexual assault), and stalking, quid pro quo, and sexual
				exploitation.
(1)
Written
			 notice.
In matters involving alleged sexual misconduct, the Title IX
			 coordinator will initiate investigation proceedings by serving the respondent
			 with a written notice of the factual allegations, the specific conduct code
			 provision(s) the respondent is alleged to have violated, and the range of
			 possible sanctions for such violation(s). The Title IX coordinator will include
			 notification that an investigation is taking place and, if applicable, identify
			 the designated Title IX investigator(s) assigned to the case.
(2)
Investigation meeting.
For
			 matters involving sexual misconduct, the complainant, respondent, and, as
			 applicable, witnesses will be asked to attend an investigation meeting. At the
			 investigation meeting, the Title IX coordinator or designated Title IX
			 investigator(s), will review the investigation proceedings, ask each party
			 questions regarding the allegations, and consistent with "Brief Adjudicative
			 Proceedings" under
			 RCW
			   34.05.482, afford each party the opportunity to
			 provide any other information or evidence.
If the respondent fails to attend or participate in the meeting,
				the Title IX coordinator or designated Title IX investigator(s), may proceed with
				the investigation, including making findings regarding the alleged policy
				violations, based on the available information.
(3) Following written notice and an
			 investigation meeting, the Title IX coordinator may take any of the following
			 actions:
(a) Dismiss the proceeding upon finding
			 the allegation(s) to be unsubstantiated and after providing any appropriate
			 counseling or warnings. Such action shall be final and not subject to appeal or
			 further review.
(b) Refer the matter
			 for disciplinary action by the student conduct committee. Such referral shall be
			 in writing, to the attention of the committee chair, with a copy served to the
			 complainant and respondent. The decision to refer shall not be subject to appeal
			 or further review.
(c) If the
			 allegations are found to be substantiated, the Title IX coordinator may provide
			 the complainant and respondent with a copy of the investigation report with the
			 option to review the report and provide a response.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-260 - Interim measures

Current through Register Vol. 24-14, July 15, 2024
(1) After receiving a report of alleged sexual
			 misconduct or other serious misconduct, the college may implement interim
			 measures which may include, but are not limited to:
(a) A no-contact order prohibiting direct or
			 indirect contact, by any means, with a complainant, a respondent, a reporting
			 student, or other specified persons, and/or a specific student
			 organization;
(b) Reassignment of
			 on-campus housing; or
(c) Changes to
			 class schedules, assignments, or test schedules.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-270 - Appeals - All cases

Current through Register Vol. 24-14, July 15, 2024
The following general rules apply to appeals of disciplinary
				action at any stage of the student disciplinary proceeding.
(1)
Parties.
The parties to an
			 appeal shall be the respondent, and complainant in a proceeding involving sexual
			 misconduct allegations, and the designated appeal authority.
(2)
Filing appeals.
(a)
Appeal periods.
The respondent
			 may appeal a disciplinary action by filing a written notice of appeal with the
			 designated college official within ten business days of services of the conduct
			 officer's decision.
(b)
Contents of appeal.
A party's written notice of appeal must clearly
			 state the reason(s) for the appeal or request for review and provide any relevant
			 information to support the appeal.
(c)
Issues that may be raised on an
			 appeal.
The issues that may be raised on an appeal include: New
			 information, contradictory information, and information indicating that the party
			 was not afforded due process.
(d)
Failure to appeal.
The failure of a party to file a timely appeal at
			 any stage of the proceeding waives that party's right to appeal.
(e)
Cases involving allegations of sexual
			 misconduct.
The complainant and respondent have equal appeal rights in
			 cases involving allegations of sexual misconduct, including filing an appeal,
			 notice of appeal, participation in any appeal proceedings, and notification of
			 appeal outcome.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-280 - Participation of advisors and attorneys

Current through Register Vol. 24-14, July 15, 2024
(1) Each party involved in sexual misconduct
			 proceedings may appear alone or with another to advise and assist them during any
			 conduct proceeding.
(2) Any advisor
			 who accompanies the complainant, respondent, or witness may provide support or
			 guidance but may not speak, represent, or advocate on their behalf during sexual
			 misconduct proceedings with the exception of full adjudication proceedings (WAC
			 132E-122-290 through 132E-122-350).
(3) An advisor may not delay, disrupt, or
			 otherwise interfere with proceedings.
(4) An accommodation of a spokesperson (a
			 person who would address the college official, or assist the person in addressing
			 the college official) may be approved if a person's documented disability
			 warrants such an accommodation.
(5)
Notice of attorney advisor.
Anyone who plans to have an attorney
			 present during a conduct proceeding must notify the conduct officer
			 (awilliams@everettcc.edu or 425-388-9282) Title IX coordinator
			 (TitleIXcoordinator@ everettcc.edu or 425-388-9271), or chair of the student
			 conduct committee (email address or phone number) of this intent four business
			 days in advance of the scheduled sexual misconduct proceeding.
(6) When scheduling procedural meetings and/or
			 interviews, the college will make reasonable efforts to accommodate an advisor.
			 However, the availability of individuals directly involved in the proceedings,
			 including the personnel assigned to the matter, as well as the expectation to
			 promptly complete the proceedings may, in the campus' constituent discretion,
			 take priority when determining the date and time for the proceedings.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-290 - Brief adjudicative proceeding Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief
			 adjudicative proceedings shall be conducted by a conduct review officer. The
			 conduct review officer shall not participate in any case in which he or she is a
			 complainant or witness, or in which they have direct or personal interest,
			 prejudice, or bias, or in which they have acted previously in an advisory
			 capacity.
(2) The parties to a brief
			 adjudicative proceeding are the respondent, the conduct officer, and in cases
			 involving sexual misconduct, the complainant. Before taking action, the conduct
			 review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
			 agency's view of the matter; and
(b)
			 An opportunity to explain the party's view of the matter.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-300 - Brief adjudicative proceedings - Review of initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the vice president of instruction and student
			 services, provided a party files a written request for review with the conduct
			 review officer within ten business days of service of the initial
			 decision.
(2) The vice president of
			 instruction and student services shall not participate in any case in which they
			 are a complainant or witness, or in which they have direct or personal interest,
			 prejudice, or bias, or in which they have acted previously in an advisory
			 capacity.
(3) During the review, the
			 vice president of instruction and student services shall give each party an
			 opportunity to file written responses explaining their view of the matter and
			 shall make any inquiries necessary to ascertain whether the sanctions should be
			 modified or whether the proceedings should be referred to the student conduct
			 committee for a formal adjudicative hearing.
(4) The decision review must be in writing and
			 must include a brief statement of the reasons for the decision and must be served
			 on the parties within twenty business days of the initial decision or of the
			 request for review, whichever is later. The decision on review will contain a
			 notice that judicial review may be available. A request for review may be deemed
			 to have been denied if the vice president of instruction and student services
			 does not make a disposition of the matter within twenty business days after the
			 request is submitted.
(5) If the vice
			 president of instruction and student services upon review determines that the
			 respondent's conduct may warrant imposition of a disciplinary suspension of more
			 than ten instructional days or expulsion, the matter shall be referred to the
			 student conduct committee for a disciplinary hearing.
(6) In cases involving allegations of sexual
			 misconduct, the vice president of instruction and student services, on the same
			 date as the final decision is served on the respondent, will serve a written
			 notice upon the complainant informing the complainant whether the allegations of
			 sexual misconduct were found to have merit and describing any disciplinary
			 sanctions and/or conditions imposed upon the respondent for the complainant's
			 protection, including suspension or dismissal of the respondent. The notice will
			 also inform the complaint of their appeal rights.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-310 - Full adjudicative process - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) The student
			 conduct committee shall consist of three members appointed by the president in
			 consultation with student and faculty leadership:
(a) A full-time student;
(b) A full-time faculty member; and
(c) A full-time exempt administrative staff
			 member who shall serve as chair of the committee.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-320 - Full adjudicative process - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) The student
			 conduct committee chair shall serve all parties with written notice of the
			 hearing date, time, and location not less than seven days in advance of the
			 hearing date, as further specified in
			 RCW
			   34.05.434 and WAC 132E-122-270.
The chair may shorten this notice period if the parties agree,
				and may continue the hearing to a later time for good cause shown.
(2) The student conduct committee
			 chair is authorized to conduct prehearing conferences and to make prehearing
			 decisions concerning the forms and extent of any discovery, issuance of
			 protective orders, and similar procedural matters.
(3) The student conduct committee chair may
			 direct the parties prior to the hearing to submit to the chair a list of
			 witnesses and copies of exhibits that the parties reasonably expect to present to
			 the committee.
(a) The student conduct committee
			 chair shall then provide copies of the submitted list of witnesses and of
			 exhibits to the other party(ies), concurrently.
(b) Failure to participate in good faith in
			 such an exchange may be cause for excluding from the hearing any witness or
			 exhibit not disclosed.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-330 - Full adjudicative process Hearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Should a party
			 fail to attend or participate in a hearing, the student conduct committee may
			 either:
(a) Proceed with the hearing;
			 or
(b) Serve an order of default in
			 accordance with
			 RCW
			   34.05.440.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-340 - Full adjudicative process Decision

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion of the hearing, the
			 student conduct committee shall permit the parties to make closing arguments in
			 whatever form the committee wishes to receive them.
The committee may permit each party to propose findings,
				conclusions, and/or a proposed decision for its consideration.
(2) Within twenty days following the conclusion
			 of the hearing or the receipt of closing arguments, the student conduct committee
			 shall issue a decision in accordance with
			 RCW
			   34.05.461 and WAC 132E-122-160 and
			 132E-122-200.
(a) The decision shall contain
			 findings on:
(i) All material issues of fact,
			 except for cases involving sexual misconduct;
(ii) Conclusions concerning which, if any,
			 provisions of the conduct code were found to be violated; and
(iii) Any sanction(s).
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-350 - Full adjudicative proceedings Student conduct committee appeal

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent who
			 is aggrieved by the findings or conclusions issued by the student conduct
			 committee may appeal the committee's initial decision to the vice president of
			 instruction and student services by filing a notice of appeal to the vice
			 president of instruction and student services within ten business days of
			 services of the committee's initial decision. Failure to file a timely appeal
			 constitutes a waiver of the right and the initial decision shall be deemed
			 final.
(2) The notice of appeal must
			 identify the specific findings of fact and/or conclusions of law in the initial
			 decision that are challenged and must contain argument why the appeal should be
			 granted. If necessary to aid review, the vice president may ask for additional
			 briefing from the parties on issues raised on appeal. The vice president of
			 instruction and student services' review shall be restricted to the hearing
			 record made before the student conduct committee and will normally be limited to
			 a review of those issues and arguments raised in the notice of appeal.
(3) The vice president of instruction and
			 student services shall provide a written decision to the respondent and the
			 student conduct officer within twenty days after receipt of the notice of appeal.
			 The vice president of instruction and student services' decision shall be final
			 and shall include a notice of any rights to request reconsideration and/or
			 judicial review.
(4) In cases
			 involving allegations of sexual misconduct, the vice president of instruction and
			 student services, on the same date that the final decision is served upon the
			 respondent, shall serve a written notice informing the complainant of the final
			 decision. This notice shall inform the complainant whether the sexual misconduct
			 allegation was found to have merit and describe any disciplinary sanctions and/or
			 conditions imposed upon the respondent for the complainant's protection,
			 including suspension or dismissal of the respondent.
(5) In cases involving allegations of sexual
			 misconduct, the complainant will have the same appeal rights as the
			 respondent.
Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-122 - Student rights and responsibilities › Section 132E-122-360 - Summary suspension - Purpose and proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) Summary
			 suspension is exclusion from classes or other privileges, services and
			 activities. A student shall be summarily suspended if the chief student affairs
			 officer or designee has cause to believe that the student:
(a) Has violated any provision of this chapter;
			 and/or
(b) Presents an imminent
			 danger either to themselves, other persons on the campus, or to the educational
			 process.