reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-360 - Student conduct code-Brief adjudicative proceedings (BAPs) authorized

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				 34.05.482 through
				34.05.494. Brief adjudicative
				proceedings shall be used, unless provided otherwise by another rule or
				determined otherwise in a particular case by the president or a designee, in
				regard to:
(1) Parking
			 violations;
(2) Outstanding debts
			 owed by students or employees;
(3)
			 Use of college facilities;
(4)
			 Residency determinations;
(5) Use
			 of library - Fines;
(6) Challenges
			 to contents of education records;
(7) Loss of eligibility for participation in
			 institution sponsored athletic events;
(8) Denials of requests for public
			 records;
(9) Student conduct
			 appeals involving the following disciplinary actions:
(a) Suspensions of ten instructional days or
			 less;
(b) Disciplinary
			 probation;
(c) Written
			 reprimands;
(d) Any conditions or
			 terms imposed in conjunction with one of the foregoing disciplinary actions;
			 and
(e) Appeals by a complainant in
			 student disciplinary proceedings involving allegations of sexual misconduct in
			 which the student conduct officer:
(i)
			 Dismisses disciplinary proceedings based upon a finding that the allegations of
			 sexual misconduct have no merit; or
(ii) Issues a verbal warning to
			 respondent.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-370 - Student conduct code-Brief adjudicative proceedings-Agency record

Current through Register Vol. 24-14, July 15, 2024
The agency record for brief adjudicative proceedings shall
				consist of any documents regarding the matter that were considered or prepared
				by the presiding officer for the brief adjudicative proceeding or by the
				reviewing officer for any review. These records shall be maintained as the
				official record of the proceedings.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-380 - Student conduct code-Brief adjudicative proceedings-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 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.
(2) 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 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-390 - Student conduct code-Brief adjudicative proceedings-Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the president, provided a party files a
			 written request for review with the conduct review officer within ten days of
			 service of the initial decision.
(2) The president 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 president shall
			 give all parties 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 on 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 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 president does not make a disposition of the
			 matter within twenty days after the request is submitted.
(5) If the president, upon review, determines
			 that the respondent's conduct may warrant imposition of a disciplinary
			 suspension of more than ten instructional days or dismissal, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
(6) In cases involving
			 allegations of sexual misconduct, the president, 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 complainant of their appeal rights.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-400 - Student conduct code-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct committee shall
			 consist of five members:
(a) Two full-time
			 students appointed by the student government;
(b) Two faculty members appointed by the
			 president;
(c) One administrative
			 staff member, other than an administrator serving as a student conduct or
			 conduct review officer, appointed by the president at the beginning of the
			 academic year.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-420 - Student conduct code-Student conduct appeals committee hearings-Presentation of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
			 failure of any party to attend or participate in a hearing, the student conduct
			 committee may either:
(a) Proceed with the
			 hearing and issuance of its decision; or
(b) Serve a decision of default in accordance
			 with
			 RCW
			  34.05.440.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-430 - Student conduct code-Student conduct committee-Initial 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 it wishes to receive them.
			 The committee also may permit each party to propose findings, conclusions,
			 and/or a proposed decision for its consideration.
(2) Within twenty days following the later of
			 the conclusion of the hearing, or the committee's receipt of closing arguments,
			 the committee shall issue an initial decision in accordance with
			 RCW
			  34.05.461 and WAC
			 10-08-210.
			 The initial decision shall include findings on all material issues of fact and
			 conclusions on all material issues of law, including which, if any, provisions
			 of the student conduct code were violated. Any findings based substantially on
			 the credibility of evidence or the demeanor of witnesses shall be so
			 identified.
(3) The committee's
			 initial order shall also include a determination on appropriate discipline, if
			 any. If the matter was referred to the committee by the student conduct
			 officer, the committee shall identify and impose disciplinary sanction(s) or
			 conditions, if any, as authorized in the student code. If the matter is an
			 appeal by a party, the committee may affirm, reverse, or modify the
			 disciplinary sanction and/or conditions imposed by the student conduct officer
			 and/or impose additional disciplinary sanction(s) or conditions as authorized
			 herein.
(4) The committee chair
			 shall cause copies of the initial decision to be served on the parties and
			 their legal counsel of record. The committee chair shall also promptly transmit
			 a copy of the decision and the record of the committee's proceedings to the
			 president.
(5) In cases involving
			 allegations of sexual misconduct, the chair of the student conduct committee,
			 on the same date as the initial 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. Complainant may appeal the student conduct committee's initial
			 decision to the president subject to the same procedures and deadlines
			 applicable to other parties. The notice will also inform the complainant of
			 their appeal rights.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-440 - Student conduct code-Appeal from student conduct committee initial decision

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
			 president by filing a notice of appeal with the president's office within ten
			 days of service 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. The president's 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 president shall
			 provide a written decision to all parties within twenty days after receipt of
			 the notice of appeal. The president's 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 president, 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) The
			 president shall not engage in an ex parte communication with any of the parties
			 regarding an appeal.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-450 - Student conduct code-Summary suspension

Current through Register Vol. 24-14, July 15, 2024
(1) Summary suspension is a temporary
			 exclusion from specified college premises or denial of access to all activities
			 or privileges for which a respondent might otherwise be eligible, while an
			 investigation and/or formal disciplinary procedures are pending.
(2) The student conduct officer may impose a
			 summary suspension if there is probable cause to believe that the respondent:
(a) Has violated any provision of the code of
			 conduct; and
(b) Presents an
			 immediate danger to the health, safety or welfare of members of the college
			 community; or
(c) Poses an ongoing
			 threat of substantial disruption of, or interference with, the operations of
			 the college.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-460 - Student conduct code-Discipline procedures for cases involving allegations of sexual misconduct-Supplemental sexual misconduct procedures

Current through Register Vol. 24-14, July 15, 2024
Both the respondent and the complainant in cases involving
				allegations of sexual misconduct shall be provided the same procedural rights
				to participate in student discipline matters, including the right to
				participate in the initial disciplinary decision-making process and to appeal
				any disciplinary decision.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-500 - Student conduct code-Free movement on campus

Current through Register Vol. 24-14, July 15, 2024
The president or designee is authorized in the instance of any
				event that they deem impedes the movement of persons or vehicles or which they
				deem to disrupt the ingress or egress of persons from the college facilities,
				to prohibit the entry of, or withdraw the license of, or privileges of a person
				or persons or any group of persons to enter onto or remain upon any portion of
				the college facility. The president may act through the vice president of
				administrative services or any other person they may
				designate.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-510 - Student conduct code-Right to demand identification

Current through Register Vol. 24-14, July 15, 2024
To determine if probable cause exists to apply any section of
				this code to any behavior by any person on a college facility, any college
				employee or other authorized personnel may demand that anyone on college
				facilities produce identification and/or evidence of student enrollment at the
				college by any of the following:
(1)
			 Student identification card;
(2)
			 Registration schedule;
(3) Receipt
			 for payment of fees for a current course.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-520 - Student conduct code-Civil disturbances

Current through Register Vol. 24-14, July 15, 2024
In accordance with provisions contained in
				RCW
				 28B.10.571 and
				28B.10.572:
(1) It shall be unlawful for any person,
			 singly or in concert with others, to interfere by force or violence with any
			 administrator, faculty, staff member, or student of the college who is in the
			 peaceful discharge or conduct of their duties or studies.
(2) It shall be unlawful for any person,
			 singly or in concert with others, to intimidate by threat of force or violence
			 any administrator, faculty, staff member, or student of the college who is in
			 the peaceful discharge of their duties or studies.
(3) The crimes described in
			 RCW
			  28B.10.571 and
			 28B.10.572 shall not apply to any administrator, faculty, or staff member who is engaged
			 in the reasonable exercise of their disciplinary authority.
(4) Any person or persons who violate the
			 provisions of subsections (1) and (2) of this section will be subject to
			 disciplinary action and referred to the authorities for prosecution.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-530 - Student conduct code-Authority to prohibit trespass

Current through Register Vol. 24-14, July 15, 2024
(1) Individuals who are not students or
			 members of the faculty or staff and who violate Lake Washington Institute of
			 Technology's rules, or whose conduct threatens the safety or security of its
			 students, staff, or faculty will be advised of the specific nature of the
			 violation, and if they persist in the violation, they will be requested by the
			 campus president, or their designee, to leave the college property. Such a
			 request will be deemed to prohibit the entry of, withdraw the license or
			 privilege to enter onto or remain upon any portion of the college property by
			 the person or group of persons requested to leave, and subject such individuals
			 to arrest under the provisions of chapter 9A.52 RCW.
(2) Members of the college community,
			 students, faculty, and staff who do not comply with these regulations will be
			 reported to the appropriate college office or agency for action in accord with
			 established college policies.
(3)
			 When the college revokes the license or privilege of any person to be on
			 college property, temporarily or for a stated period of time, that person may
			 file a request for review of the decision with the vice president of
			 administrative services or designee within ten days of receipt of the trespass
			 notice. The request must contain the reasons why the individual disagrees with
			 the trespass notice. The trespass notice will remain in effect during the
			 pendency of any review period. The decision of the vice president of
			 administrative services or designee will be the final decision of the college
			 and should be issued within five business days.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-540 - Student conduct code-Academic dishonesty and classroom, lab, clinic conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Honest
			 assessment of student performance is of crucial importance to all members of
			 the academic community. The college views acts of dishonesty as serious
			 breaches of honor and will deal with them using the following:
(a) College administration and faculty will
			 provide reasonable and prudent security measures designed to minimize
			 opportunities for acts of academic dishonesty.
(b) Any student who, for the purpose of
			 fulfilling any assignment or task required by a faculty member as part of the
			 student's program of instruction, shall knowingly tender any work product that
			 the student fraudulently represents to the faculty member as the student's work
			 product, shall be deemed to have committed an act of academic dishonesty. Acts
			 of academic dishonesty are cause for disciplinary action.
(c) Any student who aids or abets an act of
			 academic dishonesty, as described in (b) of this subsection, may be subject to
			 disciplinary action.
(d) Faculty
			 may adjust the student's grade on a particular project, paper, test, or class
			 for academic dishonesty. This section shall not be construed as preventing a
			 faculty from taking immediate disciplinary action when they must act upon such
			 breach of academic dishonesty to preserve order and prevent disruptive conduct
			 in the classroom.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-570 - Student conduct code-Authority

Current through Register Vol. 24-14, July 15, 2024
The board of trustees, acting pursuant to RCW 28B.50.-140 (13),
				delegates to the president of the college the authority to administer
				disciplinary action. Administration of the disciplinary procedures is the
				responsibility of the vice president of student services or designee. The
				student conduct officer shall serve as the principal investigator and
				administrator for alleged violations of this code.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-580 - Student conduct code-Statement of student rights

Current through Register Vol. 24-14, July 15, 2024
As members of the 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 enumerated rights are guaranteed to each student
				within the limitations of statutory law and college policy which are deemed
				necessary to achieve the educational goals of the college:
(1)
Academic freedom.
(a) 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.
(b) 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).
(c) 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.
(d) 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.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-590 - Student conduct code-Prohibited student conduct

Current through Register Vol. 24-14, July 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.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-600 - Student conduct code-Disciplinary sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) The following primary disciplinary
			 sanctions may be imposed upon students found to have violated the student
			 conduct code.
(a)
Disciplinary
			 warning.
A verbal statement to a student that there is a violation and
			 that continued violation may be cause for further disciplinary
			 action.
(b)
Written
			 reprimand.
Notice in writing that the student has violated one or more
			 terms of this code of conduct and that continuation of the same or similar
			 behavior may result in more severe disciplinary action.
(c)
Disciplinary probation.
Formal action placing specific conditions and restrictions upon the student's
			 continued attendance 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 at the college.
(d)
Disciplinary suspension.
Dismissal from the college and from the student status for a stated period of
			 time. There will be no refund of tuition or fees for the quarter in which the
			 action is taken. The student is not guaranteed readmission at the end of such
			 period of time, but is guaranteed a review of the case and a decision regarding
			 eligibility for readmission.
(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 action is
			 taken.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-605 - Student conduct code-Hazing prohibited-Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) Hazing by a student or a student group is
			 prohibited pursuant to WAC
			 495D-121-590(10).
(2) No student may conspire to engage in
			 hazing or participate in hazing of another. State law provides that hazing is a
			 criminal offense, punishable as a misdemeanor.
(3) Washington state law provides that:
(a) Any student group that knowingly permits
			 hazing is strictly liable for harm caused to persons or property resulting from
			 hazing. If the organization, association, or student living group is a
			 corporation, whether for profit or nonprofit, the individual directors of the
			 corporation may be held individually liable for damages.
(b) Any person who participates in the hazing
			 of another shall forfeit any entitlement to state-funded grants, scholarships,
			 or awards for a period of time determined by the college.
(c) Student groups that knowingly permit
			 hazing to be conducted by its members or by others subject to its direction or
			 control shall be deprived of any official recognition or approval granted by
			 the college.
(d) Student groups
			 found responsible for violating the code of student conduct, college antihazing
			 policies, or state or federal laws relating to hazing or offenses related to
			 alcohol, drugs, sexual assault, or physical assault will be disclosed in a
			 public report issued by the college setting forth the name of the student
			 group, the date the investigation began, the date the investigation ended, a
			 finding of responsibility, a description of the incident(s) giving rise to the
			 finding, and the details of the sanction(s) imposed.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-610 - Student conduct code-Loss of eligibility, student activity participation

Current through Register Vol. 24-14, July 15, 2024
Any student found to have violated
				chapter
				69.50 RCW, the Uniform
				Controlled Substances Act or
				chapter
				69.41 RCW, legend drugs,
				by virtue of a criminal conviction or by final decision of the college
				president or designee shall, in lieu of or in addition to any other
				disciplinary action which may be imposed, be disqualified from participation in
				any school-sponsored student events or activities.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-620 - Student conduct code- Refunds and access

Current through Register Vol. 24-14, July 15, 2024
(1) The college's refund policy covers refund
			 of fees for the quarter in which disciplinary action occurs.
(2) The college may deny a student access to
			 all or any part of the campus or other facility if they were suspended on the
			 basis of conduct, which disrupted the orderly operation of the campus or any
			 facility of the district, may be denied.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-630 - Student conduct code-Readmission after suspension

Current through Register Vol. 24-14, July 15, 2024
The college will normally readmit any student suspended from
				the college for academic or disciplinary reasons on a space available basis in
				the students' program of study, when the suspension ends.
(1) The college may readmit a student after
			 receiving approval of a written petition submitted to the vice-president, or
			 other designated administrator, who imposed such suspension if:
(a) A student who was suspended believes that
			 circumstances merit reconsideration of the suspension before it ends.
(b) The student was suspended with conditions
			 imposed for readmission.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-640 - Student conduct code-Reestablishment of academic standing

Current through Register Vol. 24-14, July 15, 2024
Students who were dismissed or suspended consistent with
				disciplinary procedures set forth in WAC
				495D-121-340 and
				495D-121-600 and whose dismissal
				or suspension upon appeal is found unwarranted, will have the opportunity to
				reestablish their academic and student standing to the extent possible within
				the college's abilities, including an opportunity to retake exams or otherwise
				complete course offerings missed because of such action.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-650 - Student conduct code-Campus speakers

Current through Register Vol. 24-14, July 15, 2024
(1) Student organizations officially
			 recognized by the college may invite speakers to the campus to address their
			 own membership and other interested students and faculty if:
(a) Suitable space is available.
(b) It does not interfere with the college's
			 regularly scheduled programs.
Although allowed by the college, having such speakers on the
				campus does not imply the college's approval or disapproval of them or their
				viewpoints. For speakers who are candidates for political office, the college
				will make equal opportunities available to opposing candidates if they
				desire.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-660 - Student conduct code-Distribution of information

Current through Register Vol. 24-14, July 15, 2024
(1) Students and members of recognized
			 student organizations or college employees, may sell or distribute handbills,
			 leaflets, newspapers, and similar materials free of charge on or in college
			 facilities at locations specifically designated by the appropriate
			 administrator, as long as the distribution or sale:
(a) Does not interfere with people's ingress
			 or egress;
(b) Does not impede the
			 free flow of vehicular or pedestrian traffic;
(c) Is not obscene; or
(d) Does not incite imminent
			 violence.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-670 - Student conduct code-Commercial activities

Current through Register Vol. 24-14, July 15, 2024
(1) No one can use college facilities for
			 commercial solicitation, advertising, or promotional activities except when
			 these activities:
(a) Clearly serve
			 educational objectives including, but not limited to, display of books of
			 interest to the academic community or the display or demonstration of technical
			 or research equipment.
(b) Are
			 conducted under the sponsorship or at the request of the college or official
			 college organizations if the solicitation does not interfere with or operate to
			 the detriment of the conduct of college affairs or the free flow of vehicular
			 or pedestrian traffic.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-680 - Student conduct code-Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				by the United States Department of Education. See  34 C.F.R. Part 106 . To the
				extent these supplemental hearing procedures conflict with Lake Washington
				Institute of Technology's standard disciplinary procedures, WAC
				495D-121-320
				through
				495D-121-670,
				these supplemental procedures shall take precedence. College may, at its
				discretion, contract with an administrative law judge or other person to act as
				presiding officer and assign such presiding officer to exercise any or all of
				the duties in lieu of the student conduct committee and committee
				chair.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-690 - Student conduct code-Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 28B.50.140(13) and Title IX
				of the Education Amendments Act of 1972,  20 U.S.C. Sec. 1681, Lake Washington
				Institute of Technology may impose disciplinary sanctions against a student who
				commits, attempts to commit, or aids, abets, incites, encourages, or assists
				another person to commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual
				harassment" encompasses the following conduct:
(1) Quid pro quo harassment. A Lake
			 Washington Institute of Technology employee conditioning the provision of an
			 aid, benefit, or service of Lake Washington Institute of Technology on an
			 individual's participation in unwelcome sexual conduct.
(2) Hostile environment. Unwelcome conduct
			 that a reasonable person would find to be so severe, pervasive, and objectively
			 offensive that it effectively denies a person equal access to Lake Washington
			 Institute of Technology's educational programs or activities, or
			 employment.
(3) Sexual assault.
			 Sexual assault includes the following conduct:
(a) 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.
(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 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 eighteen.
(d) Statutory rape. Consensual sexual
			 intercourse between someone who is eighteen years of age or older and someone
			 who is under the age of sixteen.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-700 - Student conduct code-Prohibited conduct under Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 supplemental procedure applies only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a Lake Washington
			 Institute of Technology educational program or activity; and
(c) Meets the definition of sexual harassment
			 as that term is defined in this supplemental procedure.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-710 - Student conduct code-Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving the Title IX investigation
			 report from the Title IX coordinator, the student conduct officer will
			 independently review the report to determine whether there are sufficient
			 grounds to pursue a disciplinary action against the respondent for engaging in
			 prohibited conduct under Title IX.
(2) If the student conduct officer determines
			 that there are sufficient grounds to proceed under these supplemental
			 procedures, the student conduct officer will initiate a Title IX disciplinary
			 proceeding by filing a written disciplinary notice with either the chair of the
			 student conduct committee or the college's appointed Title IX hearing officer
			 and serving the notice on the respondent and the complainant, and their
			 respective advisors. The notice must:
(a) Set
			 forth the basis for Title IX jurisdiction;
(b) Identify the alleged Title IX
			 violation(s);
(c) Set forth the
			 facts underlying the allegation(s);
(d) Identify the range of possible sanctions
			 that may be imposed if the respondent is found responsible for the alleged
			 violation(s);
(e) Explain that the
			 parties are entitled to be accompanied by their chosen advisors during the
			 hearing and that:
(i) The advisors will be
			 responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
			 and
(iii) Lake Washington Institute
			 of Technology will appoint the party an advisor of Lake Washington Institute of
			 Technology's choosing at no cost to the party, if the party fails to do
			 so.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-720 - Student conduct code-Pre-hearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving the disciplinary notice,
			 the chair of the student conduct committee or the college's appointed Title IX
			 hearing officer will send a hearing notice to all parties, in compliance with
			 WAC
			 495D-121-410.
			 In no event will the hearing date be set less than ten days after the Title IX
			 coordinator provided the final investigation report to the parties.
(2) A party may choose to have an attorney
			 serve as their advisor at the party's own expense. This right will be waived
			 unless, at least five days before the hearing, the attorney files a notice of
			 appearance with the committee chair with copies to all parties and the student
			 conduct officer.
(3) In preparation
			 for the hearing, the parties will have equal access to all evidence gathered by
			 the investigator during the investigation, regardless of whether Lake
			 Washington Institute of Technology intends to offer the evidence at the
			 hearing.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-730 - Student conduct code-Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) Lake Washington Institute of Technology's
			 student conduct procedures, WAC
			 495D-121-320
			 through
			 495D-121-670,
			 and this supplemental procedure shall apply equally to all parties.
(2) The Lake Washington Institute of
			 Technology bears the burden of offering and presenting sufficient testimony and
			 evidence to establish that the respondent is responsible for a Title IX
			 violation by a preponderance of the evidence.
(3) The respondent will be presumed not
			 responsible until such time as the disciplinary process has been finally
			 resolved.
(4) During the hearing,
			 each party shall be represented by an advisor. The parties are entitled to an
			 advisor of their own choosing and the advisor may be an attorney. If a party
			 does not choose an advisor, then the Title IX coordinator will appoint an
			 advisor of Lake Washington Institute of Technology's choosing on the party's
			 behalf at no expense to the party.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-740 - Student conduct code-Evidence

Current through Register Vol. 24-14, July 15, 2024
The introduction and consideration of evidence during the
				hearing is subject to the following procedures and restrictions:
(1) Relevance: The committee chair or the
			 college's appointed Title IX hearing officer shall review all questions for
			 relevance and shall explain on the record their reasons for excluding any
			 question based on lack of relevance.
(2) Relevance means that information elicited
			 by the question makes facts in dispute more or less likely to be
			 true.
(3) Questions or evidence
			 about a complainant's sexual predisposition or prior sexual behavior are not
			 relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone
			 other than the respondent committed the alleged misconduct; or
(b) Concerns specific incidents of prior
			 sexual behavior between the complainant and the respondent, which are asked or
			 offered on the issue of consent.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-750 - Student conduct code-Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to complying with WAC
			 495D-121-430,
			 the student conduct committee or the college's appointed Title IX hearing
			 officer will be responsible for conferring and drafting an initial order that:
(a) Identifies the allegations of sexual
			 harassment;
(b) Describes the
			 grievance and disciplinary procedures, starting with filing of the formal
			 complaint through the determination of responsibility, including notices to
			 parties, interviews with witnesses and parties, site visits, methods used to
			 gather evidence, and hearings held;
(c) Makes findings of fact supporting the
			 determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the committee's or the college's appointed Title IX hearing officer's
			 determination of responsibility for each allegation;
(f) Describes any disciplinary sanction or
			 conditions imposed against the respondent, if any;
(g) Describes to what extent, if any,
			 complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to Lake Washington Institute of Technology's
			 education programs or activities; and
(h) Describes the process for appealing the
			 initial order to the Lake Washington Institute of Technology
			 president.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-121 - Student conduct code › Section 495D-121-760 - Student conduct code-Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The parties shall have the right to
			 appeal from the initial order's determination of responsibility and/or
			 dismissal of an allegation(s) of sexual harassment in a formal complaint. The
			 right to appeal will be subject to the same procedures and time frames set
			 forth in WAC
			 495D-121-440.
(2) The president or their delegate will
			 determine whether the grounds for appeal have merit, provide the rationale for
			 this conclusion, and state whether the disciplinary sanction and condition(s)
			 imposed in the initial order are affirmed, vacated, or amended, and, if
			 amended, set forth any new disciplinary sanction and/or condition(s).
(3) President's office shall serve the final
			 decision on the parties simultaneously.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-122 - Withholding services for outstanding debts › Section 495D-122-010 - Policy

Current through Register Vol. 24-14, July 15, 2024
If any person, including any faculty, staff, student, or former
				student, is indebted to the institution for an outstanding overdue debt, the
				college need not provide any further services of any kind to such individual,
				including but not limited to transmitting files, records, transcripts, or other
				services which have been requested by such person.
Statutory Authority:
				  RCW
				  28B.50.140. 92-15-081, §
										495D-122-010, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-122 - Withholding services for outstanding debts › Section 495D-122-020 - Notification

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
			 a request for services where there is an outstanding debt due to the college
			 from the requesting person, the college shall notify the person initially in
			 person or by first-class mail that the services will not be provided since
			 there is an outstanding debt due. Any initial in-person notification should be
			 followed by written notification by first class mail, except where the debt is
			 cleared upon in-person notification. The person shall be told that until the
			 debt is satisfied, requested services will not be provided.
(2) A letter of notification shall state that
			 the person has a right to a brief adjudicative proceeding before a person
			 designated by the president of the college. The proceeding must be requested
			 within twenty days of the date of mailing notification of refusal to provide
			 services.
Statutory Authority:
				  RCW
				  28B.50.140. 92-15-081, §
										495D-122-020, filed 7/16/92,
				  effective 8/16/92.