reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-080 - Academic freedom (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-080, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-090 - Freedom of expression (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-090, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-100 - Freedom of assembly (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-100, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-110 - Freedom of association (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-110, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-120 - Distribution and posting (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-120, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-130 - Off-campus speaker policy (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-130, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-140 - Incidental sales (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-140, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-150 - Commercial activities (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-150, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-160 - Student participation in college governance (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-160, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RIGHTS (Repealed) › Section 132K-126-170 - Due process (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-170, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT RESPONSIBILITIES (Repealed) › Section 132K-126-180 - Student responsibilities (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-180, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT CODE OF CONDUCT (Repealed) › Section 132K-126-190 - Rules and regulations (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-190, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT CODE OF CONDUCT (Repealed) › Section 132K-126-200 - Trespass (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-200, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT CODE OF CONDUCT (Repealed) › Section 132K-126-210 - Hazing policy (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-210, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › JUDICIAL AUTHORITY (Repealed) › Section 132K-126-220 - Judicial authority (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-220, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › JUDICIAL AUTHORITY (Repealed) › Section 132K-126-230 - Violation of law and college discipline (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-230, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › PROCEEDINGS (Repealed) › Section 132K-126-240 - Initiation of disciplinary proceedings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-240, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › SANCTIONS (Repealed) › Section 132K-126-250 - Sanctions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-250, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › SANCTIONS (Repealed) › Section 132K-126-260 - Interim sanctions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-260, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT APPEAL (Repealed) › Section 132K-126-270 - Appeal (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-270, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › STUDENT APPEAL (Repealed) › Section 132K-126-280 - Readmission after dismissal (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-280, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › TECHNICAL PROVISIONS (Repealed) › Section 132K-126-290 - Interpretation and revision (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-290, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › TECHNICAL PROVISIONS (Repealed) › Section 132K-126-300 - Prior rules (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-300, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › TECHNICAL PROVISIONS (Repealed) › Section 132K-126-310 - Severability (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-310, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-126 - Student rights and responsibilities and student code of conduct (Repealed) › TECHNICAL PROVISIONS (Repealed) › Section 132K-126-320 - Effective date (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28B.50.140(13). 09-06-001,
					 §
											132K-126-320, filed 2/18/09,
					 effective 3/21/09.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-130 - Tuition and fee waivers › Section 132K-130-010 - Tuition and fee waivers

Current through Register Vol. 24-14, July 15, 2024
(a) Pierce
			 College may periodically establish tuition and fee waivers as authorized by
			 state law and by the state board for community and technical colleges. This
			 will be done in accordance with chapter 131-28 WAC and under regular college
			 fiscal processes;
(b) Upon an
			 applicant's request, individual determination on tuition and fee waivers will
			 be reviewed by the college registrar in a brief adjudicative proceeding under
			 RCW
			 34.05.482 - 34.05.494.
Statutory Authority:
				  Chapter
				  34.05 RCW. 95-17-072,
				  §
										132K-130-010, filed 8/17/95,
				  effective 9/17/95.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
The Pierce College board of trustees, acting pursuant to RCW
				28B.50.-140(14), delegates to the chancellor of the college the authority to
				administer disciplinary action. The chancellor is authorized to delegate or
				reassign any and all duties and responsibilities as set forth in this chapter
				as may be reasonably necessary. Administration of the disciplinary procedures
				is the responsibility of the vice president of learning and student success or
				their designee. The student conduct officer shall serve as the principal
				investigator and administrator for alleged violations of this
				code.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for the purposes of this
				student conduct code:
(1) "Business
			 day" means a weekday, excluding weekends, college holidays, and college
			 closures unless otherwise specified.
(2) "College" means Pierce College district
			 and any other community college centers or premises established within
			 Washington State Community College District No. 11.
(3) "College community" means students,
			 employees, trustees, and volunteers.
(4) "College official" includes any person
			 employed by the college performing assigned duties.
(5) "College premises" shall include all
			 campuses of the college, wherever located, and includes all land, buildings,
			 facilities, vehicles, equipment, and other property owned, used, rented,
			 leased, operated or controlled by the college. College premises extends to
			 distance education classroom environments, and agencies or institutions that
			 have educational agreements with the college.
(6) "Complainant" is a student or another
			 member of the college community who is allegedly directly affected by a
			 reported violation of this student conduct code. The complainant may be the
			 reporting party, but not necessarily; witnesses or other third parties may
			 report concerns. In any case involving a report of sexual misconduct as defined
			 in this student conduct code, a complainant is afforded certain rights under
			 this student conduct code including, but not limited to:
(a) The right to be informed of all orders
			 issued in the disciplinary case in which this person is a
			 complainant;
(b) The right to
			 appeal a disciplinary decision; and
(c) The right to be accompanied by a process
			 advisor.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-040 - Statement of jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The student
			 conduct code shall apply to student conduct that occurs:
(a) On college premises;
(b) At or in connection with
			 college-sponsored activities; or
(c) Off-campus where indicated in the rule or
			 that in the judgment of the college adversely affects the college community,
			 visitors, or the pursuit of the college's objectives.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-050 - Students abroad

Current through Register Vol. 24-14, July 15, 2024
Students who participate in any college-sponsored or
				sanctioned international program shall observe the following:
(1) The laws of the host country;
(2) The academic and disciplinary regulations
			 of the educational institution or residential housing program where the student
			 is placed;
(3) Any other agreements
			 related to the student's program in another country; and
(4) Pierce College's student conduct
			 code.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-060 - 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 premises 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 that 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 that is free from unlawful discrimination,
			 inappropriate and disrespectful conduct, and any and all harassment, including
			 sexual harassment.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-070 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a student
				who commits, attempts to commit, aids, abets, incites, encourages, or assists
				another person to commit, an act(s) of misconduct which include, but are not
				limited to, the following:
(1)
Abuse of others.
Assault, physical abuse, verbal abuse, threat(s),
			 intimidation, or other conduct, which harms, threatens, or is reasonably
			 perceived as threatening the health or safety of another person or another
			 person's property unless otherwise protected by law.
(2)
Academic dishonesty.
Any act
			 of academic dishonesty including, but not limited to, cheating, plagiarism, and
			 fabrication. The decision to bring a student conduct proceeding under this code
			 for academic dishonesty is at the sole discretion of the student conduct
			 officer. Nothing in this code prohibits instructors and/or academic divisions
			 or departments from imposing academic consequences in response to academic
			 dishonesty. Faculty may impose up to and including a failing grade in an
			 academic class and academic divisions or departments may impose up to and
			 including dismissal from an academic program. Policies and procedures governing
			 the imposition of academic consequences for academic dishonesty can be found in
			 the class syllabus and applicable program handbook.
(a) Cheating includes using or any attempt to
			 use, give or obtain unauthorized assistance relating to the completion of an
			 academic assignment, test, or exam.
(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. Plagiarism 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) Multiple
			 submissions includes submitting the same work in separate classes without the
			 express permission of the instructor(s).
(e) Deliberate damage includes taking
			 deliberate action to destroy or damage another's academic work or college
			 property.
(f) No student shall be
			 allowed to withdraw from a course or from the college to avoid the consequences
			 of academic dishonesty.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-090 - Disciplinary sanctions-Conditions

Current through Register Vol. 24-14, July 15, 2024
The following disciplinary sanctions may be imposed upon
				students found to have violated the student conduct code. Depending upon the
				misconduct, more than one sanction may be imposed. Other than college dismissal
				or revocation or withholding of a degree, disciplinary sanctions are not made
				part of the student's academic record, but are part of the student's
				disciplinary record. Violation of any disciplinary sanction or condition
				constitutes a new violation and may subject the student to additional sanctions
				and/or conditions.
(1)
Disciplinary warning.
A verbal statement to a student that there
			 is a violation and that continued violations may be cause for further
			 disciplinary action.
(2)
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.
(3)
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.
(a) 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.
(b) Probation may be for
			 a limited period of time or may be for the duration of the student's attendance
			 at the college.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-100 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1)
			 All disciplinary actions will be initiated by the student conduct officer. If
			 that officer is the subject of a complaint initiated by the respondent, the
			 president shall, upon request and when feasible, designate another person to
			 fulfill any such disciplinary responsibilities relative to the
			 complaint.
(2) The student conduct
			 officer shall initiate disciplinary action by serving the respondent with
			 written notice directing the student to attend a disciplinary meeting. The
			 notice shall briefly describe the factual allegations, the provision(s) of the
			 student conduct code the respondent is alleged to have violated, the range of
			 possible sanctions for the alleged violation(s), and specify the time and
			 location of the meeting. At the meeting, the student conduct officer will
			 present the allegations to the respondent and the respondent shall be afforded
			 an opportunity to explain what took place. If the respondent fails to attend
			 the meeting, after proper service of notice, the student conduct officer may
			 take disciplinary action based upon the available information.
(3) The student conduct officer, prior to
			 taking disciplinary action in a case involving sexual misconduct, will make a
			 reasonable effort to contact the complainant to discuss the results of the
			 investigation and possible disciplinary sanctions and/or conditions, if any,
			 that may be imposed upon the respondent if the allegations of sexual misconduct
			 are found to have merit.
(4) Within
			 ten business days of the initial disciplinary meeting and after considering the
			 evidence in the case, including any facts or argument presented by the
			 respondent, the student conduct officer shall serve the respondent with a
			 written decision setting forth the facts and conclusions supporting the
			 decision, the specific student conduct code 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.
(5) The student conduct
			 officer may take any of the following disciplinary actions:
(a) Exonerate the respondent and terminate
			 the proceedings.
(b) Impose a
			 disciplinary sanction(s) and/or condition(s) as described in WAC
			 132K-135-090.
(c) Refer the matter directly to the student
			 conduct committee for such disciplinary action as the committee deems
			 appropriate. Such referral shall be in writing, to the attention of the chair
			 of the student conduct committee, with a copy served on the
			 respondent.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-110 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The respondent may appeal a disciplinary action by filing a written notice of
			 appeal with the conduct review officer within ten business days of service of
			 the student conduct officer's decision. Failure to timely file a notice of
			 appeal constitutes a waiver of the right to appeal and the student conduct
			 officer's decision shall be deemed final.
(2) The notice of appeal must include a brief
			 statement explaining why the respondent is seeking review.
(3) The parties to an appeal shall be the
			 respondent and the conduct review officer.
(4) A respondent, who timely appeals a
			 disciplinary action or whose case is referred to the student conduct committee,
			 has a right to a prompt, fair, and impartial hearing as provided for in these
			 procedures.
(5) On appeal, the
			 college bears the burden of establishing the evidentiary facts underlying the
			 imposition of a disciplinary sanction by a preponderance of the
			 evidence.
(6) Imposition of
			 disciplinary action for violation of the student conduct code shall be stayed
			 pending appeal, unless respondent has been summarily suspended. Interim
			 measures, including no contact orders, may remain in place pending appeal if
			 the student conduct officer determines they are necessary.
(7) The student conduct committee shall hear
			 appeals from:
(a) The imposition of
			 disciplinary suspensions in excess of ten days;
(b) Dismissals; and
(c) Discipline cases referred to the
			 committee by the student conduct officer, the conduct review officer, or the
			 president.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-120 - 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 involved as a complainant or witness, or in
			 which there is direct or personal interest, prejudice, or bias, or in which
			 previous actions have been taken in an advisory capacity.
(2) The parties to a brief adjudicative
			 proceeding are the respondent, the student conduct officer, and the complainant
			 in cases involving sexual misconduct. Before taking action, the conduct review
			 officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
			 college's view of the matter; and
(b) An opportunity to explain the party's
			 view of the matter.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-130 - 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 business
			 days of service of the initial decision.
(2) The president shall not participate in
			 any case in which involved as a complainant or witness, or in which there is
			 direct or personal interest, prejudice, or bias, or in which previous actions
			 have been taken in an advisory capacity.
(3) During the review, the president 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 on review must be in writing
			 and must include a brief statement of the reason 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 president does not make a disposition of the
			 matter within twenty business 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 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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-140 - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 student conduct committee shall consist of five members appointed by the
			 chancellor:
(a) Two full-time classified
			 staff members;
(b) Two faculty
			 members;
(c) One administrator
			 (other than an administrator serving as a student conduct officer or conduct
			 review officer).
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-160 - Student conduct committee hearings - Presentations 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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-170 - 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 thirty
			 business 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 decision 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
			 condition(s), if any, as authorized in the student conduct code. If the matter
			 is an appeal by the respondent, the committee may affirm, reverse, or modify
			 the disciplinary sanction(s) and/or condition(s) imposed by the student conduct
			 officer and/or impose additional disciplinary sanction(s) or condition(s) as
			 authorized herein.
(4) The
			 committee's initial decision shall also include a statement of the available
			 procedures and time frames for seeking reconsideration or appeal.
(5) 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.
(6) 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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-180 - 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 written notice of
			 appeal with the president's office within ten business 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 written 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. If necessary to
			 aid review, the president may ask for additional briefing from the parties on
			 issues raised on appeal.
(3) The
			 president shall provide a written decision to the respondent and the student
			 conduct officer within thirty business 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 has discretion to suspend
			 any disciplinary action, summary suspension, or interim measures, pending
			 review of the merits of the findings, conclusions, and disciplinary actions
			 imposed.
(6) Per
			 RCW
			 34.05.455 the president shall not engage in
			 any improper "ex parte" communication with any of the parties regarding an
			 appeal.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-190 - 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, a temporary no trespass order, while an investigation
			 and/or formal disciplinary procedure is pending.
(2) The student conduct officer may impose a
			 summary suspension if there is reasonable basis to believe that the respondent:
(a) Has violated any provision of the student
			 conduct code; and
(b) Presents an
			 immediate danger to the health, safety, or welfare of members of the college
			 community or visitors; or
(c) Poses
			 an ongoing threat of substantial disruption of, or interference with, the
			 operations of the college.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-200 - Classroom misconduct and authority to suspend for no more than one day

Current through Register Vol. 24-14, July 15, 2024
(1) Faculty members
			 have the authority to take appropriate action to maintain order and proper
			 conduct in their classroom and to maintain the effective cooperation of
			 students in fulfilling the objectives of the course.
(2) Bringing any person, thing, or object to
			 a teaching and learning environment that may disrupt the environment or cause a
			 safety or health hazard, without the express approval of the faculty member is
			 prohibited.
(3) Faculty members
			 have the right to temporarily suspend any student(s) from a single class or
			 related activity for the remainder of that day if the student's misconduct
			 creates disruption to the point that it is difficult or impossible to maintain
			 the decorum of the class, related activity, or the learning and teaching
			 environment. The faculty member must report this temporary suspension to the
			 student conduct officer or designee on the same day. The student conduct
			 officer, in accordance with this code and following due process, may set
			 conditions for the student upon return to the class or activity.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-210 - Sexual misconduct proceedings

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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-220 - Interim measures

Current through Register Vol. 24-14, July 15, 2024
(1) After receiving
			 a report of sexual misconduct or other student misconduct, a student conduct
			 officer or designee 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 party, or other specified persons;
(b) Reassignment of college associated
			 housing;
(c) Changes to class
			 schedules, assignments, test schedules, or other academic related
			 activities;
(d) Modified on-campus
			 employment schedule or location; or
(e) Restrictions on access to portions of
			 college premises.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-230 - Amnesty

Current through Register Vol. 24-14, July 15, 2024
(1) Pierce College
			 values the health, safety and wellness of those in our college community.
			 Students are encouraged to report crimes, share concerns, and seek medical
			 attention for themselves or others in need.
(2) A student conduct officer may elect not
			 to initiate disciplinary action against a student who, while in the course of
			 helping another person seek medical or other emergency assistance, admits to a
			 possible policy violation under this student conduct code, provided that any
			 such violations did not and do not place the health or safety of any other
			 person at risk.
(3) A student
			 conduct officer may elect not to initiate disciplinary action against a student
			 who, while in the course of reporting violence, sexual misconduct, or a crime
			 in progress, admits to personal consumption of alcohol or drugs at or near the
			 time of the incident, provided that any such use did not place the health or
			 safety of any other person at risk.
(4) While policy violations cannot be
			 overlooked, the college may elect to offer educational options or referrals,
			 rather than initiating disciplinary action against students who report crimes,
			 serve as witnesses, or seek medical attention as described is this
			 section.
(5) This amnesty policy
			 may not apply to students who repeatedly violate college policies in regards to
			 alcohol, drugs, or other prohibited conduct.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-240 - Conduct hold on student records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 A student conduct officer or other designated college official may place a
			 conduct hold on the student's record if the student is the respondent in a
			 pending complaint of prohibited conduct, a pending conduct proceeding under
			 this code, or in conjunction with a disciplinary sanction or condition under
			 this code.
(2) A conduct hold may
			 restrict the student from registering for classes, requesting an official
			 transcript, or receiving a degree from the college until the hold has been
			 removed.
(3) If the conduct hold is
			 placed pending or during a conduct proceeding, the student will be notified of
			 the hold and be advised how to raise an objection about the hold or request
			 that it be made less restrictive. The student conduct officer will consider any
			 objections and requests regarding the conduct hold, make a determination
			 whether to make any changes, and provide notice of the decision to the student.
			 The hold will remain in place until lifted by the student conduct officer or
			 other designated college official with authority to do so.
(4) Implementation of any conduct hold prior
			 to disciplinary action does not assume any determination of, or create any
			 expectation of, responsibility for prohibited conduct under this conduct
			 code.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › Section 132K-135-250 - Brief adjudicative proceedings - College record

Current through Register Vol. 24-14, July 15, 2024
The college 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 consistent with
				RCW
				34.05.476. These records shall be maintained
				as the official record of the proceedings.
Washington Administrative Code › Title 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132K-135-300 - 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 Pierce College's
				  standard disciplinary procedures, WAC
				  132K-135-020 through
				  132K-135-250,
				  these supplemental procedures shall take precedence. The 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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132K-135-310 - 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, the college 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 college
				employee conditioning the provision of an aid, benefit, or service of the
				college 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 the college'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 132K - Pierce College › Chapter 132K-135 - Pierce College-Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132K-135-320 - Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The
				supplemental procedure applies only if the alleged misconduct:
(a) Occurred in the United States;
(b) Occurred during a college educational
				program or activity; and
(c) Meets
				the definition of sexual harassment as that term is defined in this
				supplemental procedure.