reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-200

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-200, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-300

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-300, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-310

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-310, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-320

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-320, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-330

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-330, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-340

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-340, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-350

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-350, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-121 - Student code of conduct (Repealed) › Section 132M-121-500

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 08-06-066, §
										132M-121-500, filed 3/3/08,
				  effective 4/3/08.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-005 - Preamble

Current through Register Vol. 24-14, July 15, 2024
Lower Columbia College is a diverse and dynamic learning
				community. As such, the college maintains a strong commitment to providing a
				learning environment that is civil and free from disruptive behavior. All
				members of the college community share in the responsibility to promote a
				positive learning environment, demonstrate mutual respect and dignity, and
				avoid adversarial relationships. Thus, students are expected to act as
				responsible members of this community, maintain a high degree of honesty and
				integrity, comply with the rules and regulations of the college, and respect
				the rights, privileges, and property of the college
				community.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The board of trustees of Washington State Community College
				District No. 13, 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 their designee. Unless otherwise specified,
				the student conduct officer or delegee shall serve as the principal
				investigator and administrator for alleged violations of this
				code.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-020 - 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 conduct that in the judgment
			 of the college adversely affects the college community or the pursuit of its
			 objectives.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-025 - 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 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-030 - 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)
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 and program
			 handbook. Further academic consequences may follow consistent with the
			 provisions in any program handbook including, but not limited to, dismissal
			 from an academic program. 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-035 - Disciplinary sanctions and terms and conditions

Current through Register Vol. 24-14, July 15, 2024
(1) The following 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 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.
(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 premises 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-036 - 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
			 132M-126-030(9).
(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
			 anti-hazing 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-040 - 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 complainant.
(2) The student conduct officer shall
			 initiate disciplinary action by serving the respondent with written notice
			 directing them to attend a disciplinary meeting. The notice shall briefly
			 describe the factual allegations, the provision(s) of the 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 allegations of 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 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 their 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), as
			 described in WAC 132M-126-035.
(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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-045 - 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 days of the student conduct officer's decision. Failure to file a
			 notice of appeal timely 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.
(7) The student conduct committee shall hear
			 appeals from:
(a) The imposition of
			 disciplinary suspensions in excess of ten instructional 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-050 - Brief adjudicative proceedings authorization

Current through Register Vol. 24-14, July 15, 2024
Brief adjudicative proceedings shall be used for student
				conduct appeals involving the following disciplinary actions:
(1) Suspension of ten instructional days or
			 less;
(2) Disciplinary
			 probation;
(3) Written
			 reprimands;
(4) Any conditions or
			 terms imposed in conjunction with one of the foregoing disciplinary actions;
			 and
(5) Appeals by a complainant in
			 student disciplinary proceeding involving allegations of sexual misconduct in
			 which the student conduct officer:
(a)
			 Dismisses disciplinary proceedings based upon a finding that the allegations of
			 sexual misconduct have no merit; or
(b) Issues a verbal warning to the
			 respondent.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-055 - 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) The parties to a brief adjudicative
			 proceeding are the respondent, the student conduct officer, and in cases
			 involving sexual misconduct, the complainant. Before taking action, the conduct
			 review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
			 agency's view of the matter; and
(b) An opportunity to explain the party's
			 view of the matter.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-060 - 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 or designee, provided the party
			 files a written request for review with the conduct review officer within ten
			 days of service of the initial decision.
(2) The president or designee 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 or
			 designee 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 or designee does
			 not make a disposition of the matter within twenty days after the request is
			 submitted.
(5) If the president or
			 designee upon review determines that the respondent's conduct may warrant
			 imposition of a disciplinary suspension of more than ten instructional days or
			 expulsion, the matter shall be referred to the student conduct committee for a
			 disciplinary hearing.
(6) In cases
			 involving allegations of sexual misconduct, the 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-065 - Brief adjudicative proceedings-College record

Current through Register Vol. 24-14, July 15, 2024
The college record for brief adjudica-tive 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 according
				to the college's record retention schedule as the official record of the
				proceedings.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-070 - 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 (ASLCC);
(b) Two faculty members appointed by the
			 faculty association;
(c) One
			 administrative staff member (other than an administrator serving as a student
			 conduct or conduct review officer), or other impartial hearing chair, appointed
			 by the president.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-080 - 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-085 - 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 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 sanc-tion(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 the suspension or dismissal of the respondent. The 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-090 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is aggrieved by the findings
			 or conclusions issued by the student conduct committee may appeal the
			 committee's initial decision to the president or designee 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.
			 If necessary to aid review, the president or designee may ask for additional
			 briefing from the parties on issues raised on appeal. The president's or
			 desig-nee'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 or designee shall provide a
			 written decision to the party and the student conduct officer within twenty
			 days after receipt of the notice of appeal. The president's or designee'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 or designee, 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 or
			 designee shall not engage in an ex parte communication with any of the parties
			 regarding an appeal.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-095 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) Student conduct
			 code records are maintained in accordance with the college's records retention
			 schedule.
(2) The disciplinary
			 record is confidential, and is released only as authorized under the Family
			 Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g;  34 C.F.R.
			 Part 99).
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-100 - 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-105 - 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 the 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
			 expressly prohibited.
(3) Faculty
			 members or college administrators have the right to suspend any student from
			 any single class or related activity for no more than one 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 or college administrator shall report
			 this suspension to the student conduct officer or designee on the same day of
			 the suspension. In consultation with the faculty member, the student conduct
			 officer may set conditions for the student upon return to the class or
			 activity.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › Section 132M-126-110 - 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-115 - 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 the college's
				  standard disciplinary procedures, WAC
				  132M-126-005 through
				  132M-126-110,
				  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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-120 - 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-125 - 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 college 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-130 - 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 the chair of the
				student conduct committee and serve the notice on the respondent, 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); and
(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) The college will appoint
				the party an advisor of the college's choosing at no cost to the party, if the
				party fails to do so; and
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-135 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
				Upon receiving the disciplinary notice, the chair of the student conduct
				committee will send a hearing notice to all parties, in compliance with WAC
				132M-126-075. 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 including 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 the college intends to offer
				the evidence at the hearing.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-140 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				college's student conduct procedures, WAC 132M-126-040 through 132M-126-100,
				and this supplemental procedure shall apply equally to all parties.
(2) The college 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 resolved.
(4) During the
				hearing, each party shall be represented by an advisor. The parties are
				entitled to an advisor of their 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 the college's choosing on the party's behalf at no expense to the
				party.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-145 - 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 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 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-150 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition
				to complying with WAC 132M-126-085, the student conduct committee 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 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 the college's educational programs or activities;
				and
(h) Describes the process for
				appealing the initial order to the college president.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-126 - Code of student conduct › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132M-126-155 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) All parties,
				including the student conduct officer, in their capacity as a representative of
				the college, have the right to appeal from the determination of responsibility
				and/or from a dismissal, in whole or part, of a formal complaint during the
				investigative or hearing process. Appeals must be in writing and filed with the
				president's office within 21 days of service of the initial order or notice of
				dismissal. Appeals must identify the specific findings of fact and/or
				conclusions of law in the initial order or dismissal that the appealing party
				is challenging and must contain argument as to why the appeal should be
				granted. Failure to file a timely appeal constitutes a waiver of the right to
				appeal and the initial order or dismissal shall be deemed final.
(2) Upon receiving a timely appeal, the
				president's office will serve a copy of the appeal on all parties, who will
				have 10 days from the date of service to submit written responses to the
				president's office addressing issues raised in the appeal. Failure to file a
				timely response constitutes a waiver of the right to participate in the appeal.
				Upon receipt of written responses, the president's office shall serve copies of
				the responses to the other parties.
(3) Parties receiving a copy of the responses
				shall have five days in which to submit a written reply addressing issues
				raised in the responses to the president's office.
(4) The president or their delegate, based on
				their review of parties' submissions and the hearing or investigative record,
				will determine whether the grounds for appeal have merit, provide the rationale
				for this conclusion, and state whether a dismissal is affirmed or denied, or if
				the disciplinary sanction(s) and condition(s) imposed in the initial order are
				affirmed, vacated, or amended, and, if amended, set forth any new disciplinary
				sanction(s) and/or condition(s).
(5) The president's office shall serve the
				final decision on the parties simultaneously.
(6) All administrative decisions reached
				through this process are and may be judicially appealed pursuant to applicable
				provisions of chapter 34.05 RCW including, but not limited to, the timelines
				set forth in
				RCW
				  34.05.542. No decisions or recommendations
				arising from this disciplinary procedure will be subject to grievance pursuant
				to any collective bargaining agreement.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-136 - Use of college facilities - Academic › Section 132M-136-020 - Distribution of materials policy (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 92-09-009, §
										132M-136-020, filed 4/2/92,
				  effective 5/3/92. Statutory Authority:
				  RCW
				    28B.50.140(113) 28B.50.140.
				  81-22-076 (Order 81-1, Resolution No. 81-1), §
										132M-136-020, filed 11/4/81;
				  Order 15, §
										132M-136-020, filed
				  12/20/72.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-136 - Use of college facilities - Academic › Section 132M-136-060 - Use of college facilities (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 92-09-009, §
										132M-136-060, filed 4/2/92,
				  effective 5/3/92. Statutory Authority:
				  RCW
				    28B.50.140(113) 28B.50.140.
				  81-22-076 (Order 81-1, Resolution No. 81-1), §
										132M-136-060, filed 11/4/81;
				  Order 15, §
										132M-136-060, filed
				  12/20/72.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-136 - Use of college facilities - Academic › Section 132M-136-100 - Commercial activities (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140. 92-09-009, §
										132M-136-100, filed 4/2/92,
				  effective 5/3/92.
Washington Administrative Code › Title 132M - Lower Columbia College › Chapter 132M-139 - USE OF COLLEGE FACILITIES-EXPRESSIVE ACTIVITIES › Section 132M-139-105 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "College
			 facilities" includes all buildings, structures, grounds, office space and
			 parking lots.
(2) "College groups"
			 means individuals or groups who are currently enrolled students or current
			 employees of the college, or guests of the college who are sponsored by a
			 recognized student organization, employee organization, or the administration
			 of the college.
(3) "Expressive
			 activity" includes, but is not limited to, informational picketing, petition
			 circulation, the distribution of informational leaflets or pamphlets,
			 speech-making, demonstrations, rallies, appearances of speakers in outdoor
			 areas, protests, meetings to display group feelings or sentiments and/or other
			 types of assemblies to share information, perspective or viewpoints.
(4) "Noncollege groups" means individuals, or
			 combinations of individuals, who are not currently enrolled students or current
			 employees of the college and who are not officially affiliated or associated
			 with, or invited guests of a recognized student organization, recognized
			 employee group, or the administration of the college.
(5) "Public use areas" means those areas of
			 each campus that the college has chosen to open as places where noncollege
			 groups may assemble for expressive activity protected by the First Amendment,
			 subject to reasonable time, place, or manner restrictions.