reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-120 - Student conduct code (Repealed) › Section 132B-120-210 - Hazing sanctions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 28B.50.140.13 28B.50.140(13).
				  10-17-031, §
										132B-120-210, filed 8/9/10,
				  effective 9/9/10; 98-09-012, §
										132B-120-210, filed 4/6/98,
				  effective 5/7/98.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-120 - Student conduct code (Repealed) › Section 132B-120-220 - Student complaint, grievance and grade appeal processes (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 28B.50.140.13 28B.50.140(13).
				  10-17-031, §
										132B-120-220, filed 8/9/10,
				  effective 9/9/10. Statutory Authority:
				  RCW
				    28B.50.140. 04-01-100, §
										132B-120-220, filed 12/16/03,
				  effective 1/16/04. Statutory Authority:
				  RCW
				    28B.50.140(13). 98-09-012,
				  §
										132B-120-220, filed 4/6/98,
				  effective 5/7/98.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-122 - Withholding services for outstanding debts › Section 132B-122-010 - Withholding services for outstanding debts

Current through Register Vol. 24-14, July 15, 2024
If any person, including faculty, staff, student, or former
				student, is indebted to the institution for an outstanding overdue debt, the
				institution need not provide any further services of any kind to such
				individual, including but not limited to transmitting files, records,
				transcripts or other services which have been requested by any such person. The
				institution also reserves the right to off set any funds received from an
				individual against an outstanding overdue debt.
Upon receipt of such a request for services where there is an
				outstanding debt due the institution from that person, the institution shall
				notify the person, in writing, that the services will not be provided since
				there is an outstanding debt due the institution, and further that until that
				debt is satisfied, no such services will be provided the individual. When the
				institution exercises its right of off set, the institution shall notify the
				person, in writing, of the amount applied and balance due, if any.
The notification referred to above shall also inform the
				individual that he has a right to a hearing before a person designated by the
				president of the institution if he believes the records of the institution are
				incorrect concerning his indebtedness. The notification shall also indicate
				that the request for the hearing must be made within ten days from the date of
				the notification.
Upon receipt of a timely request for a hearing, the person
				designated by the president shall have the records and files of the institution
				available for review and, at that time, shall hold an informal hearing
				concerning whether the individual owes or owed any outstanding debts to the
				institution. After the informal hearing, a decision shall be rendered by the
				president's designee indicating whether the institution is correct in
				withholding services and/or applying off set for the outstanding debt. If the
				outstanding debt is found to be owed by the individual involved, the off set
				shall remain applied and/or no further services shall be provided. Notification
				of this shall be sent to the individual within five days after the hearing.
				This decision shall constitute an informal proceeding established by the
				institution pursuant to the Higher Education Administrative Procedure Act as
				defined in RCW 28B.19.110.
Statutory Authority: RCW 28B.19.110. 85-08-025 (Resolution
				  No. 3-85), §
										132B-122-010, filed
				  4/1/85.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of these rules is to prescribe standards of
				  conduct for students of Grays Harbor College. Violations of these standards may
				  be cause for disciplinary action as described in this code. This code will be
				  made available to students online or, when requested, paper copies will be made
				  available.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-105 - Authority

Current through Register Vol. 24-14, July 15, 2024
The board of trustees, acting pursuant to RCW    28B.50.140(14),
				  delegates to the president of the college the authority to administer
				  disciplinary action. Administration of the disciplinary procedures is the
				  responsibility of the student conduct officer or their designee. Unless
				  otherwise specified, the student conduct officer or designee shall serve as the
				  principal investigator and administrator for alleged violations of this
				  code.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-110 - 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 federal and state law and college rules,
				  policies, and procedures:
(1)
Academic freedom.
(a)  Students
				are guaranteed rights of free inquiry, expression and peaceful assembly upon
				and within college facilities that are generally open and available to the
				public.
(b)  Students are free to
				pursue appropriate educational objectives from among the college's curricula,
				programs and services, subject to the limitations of RCW    28B.50.090(3)(b) (College board-Powers and duties), available space in the class, and meeting
				any required prerequisites.
(c) 
				Students have the right to a learning environment, which is free from unlawful
				discrimination, inappropriate or disrespectful conduct, and any and all
				harassment, including sexual harassment.
(d)  Students are 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.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-115 - Student responsibilities

Current through Register Vol. 24-14, July 15, 2024
Students who choose to attend Grays Harbor College also
				  choose to participate actively in the learning process offered by the college.
				  The college is responsible for providing its students with an educational
				  environment rich in the high quality resources needed by students to attain
				  their educational goals. In return, the college expects each student assume
				  responsibility to:
(1)  Participate
				actively in the learning process, both in and out of the classroom;
(2)  Seek timely assistance in meeting
				educational goals;
(3)  Attend all
				class sessions;
(4)  Prepare
				adequately to participate fully in class activities;
(5)  Participate actively in the academic
				advising system;
(6)  Develop skills
				required for learning, e.g., basic skills, time management, and study
				skills;
(7)  Assume final
				responsibility for the selection of appropriate educational goals;
(8)  Select courses appropriate and required
				for meeting chosen educational goals;
(9)  Make appropriate use of
				services;
(10)  Contribute towards
				improving the college;
(11)  Become
				knowledgeable of and adhere to the college's policies, practices and
				procedures; and
(12)  Abide by the
				standards set forth in the code of conduct.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-120 - 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, including submitting for credit without
				authorization academic work also submitted for credit in another
				course.
(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 faculty member's course syllabus. Further
				academic consequences may follow consistent with the provisions in any program
				handbook. Incidents of academic dishonesty may also be referred to the student
				conduct officer for disciplinary action consistent with this chapter in
				addition to the academic consequences identified above.
(e)  This section shall not be construed as
				preventing an instructor from taking immediate disciplinary action as provided
				herein where the instructor is required to act upon such breach of academic
				dishonesty in order to preserve order and prevent disruptive conduct in the
				classroom.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 1 - CONDUCT CODE › Section 132B-125-125 - Disciplinary sanctions

Current through Register Vol. 24-14, July 15, 2024
More than one sanction may be imposed for any single
				  violation as appropriate. The following disciplinary sanctions may be imposed
				  upon students found to have violated the student conduct code:
(1)
Disciplinary warning.
A
				verbal statement to a student that there is a violation and that continued
				violation 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 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 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.
(4)
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. Access may be denied to all or part of
				college facilities.
(5)
Discretionary sanctions.
These may include, but are not limited
				to:
(a)  Work assignments;
(b)  Service to college or
				community;
(c)  Class/workshop
				attendance; or
(d)  Other
				discretionary assignments, such as educational interventions intended as
				learning experiences.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 2 - PRELIMINARY MEASURES › Section 132B-125-200 - 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. Summary suspension may include no contact
				orders.
(2)  The student conduct
				officer may impose a summary suspension if there is probable cause to believe
				that the respondent:
(a)  Has been alleged of
				violating 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 disruption of,
				or interference with, the operations of the college.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 2 - PRELIMINARY MEASURES › Section 132B-125-205 - Trespass

Current through Register Vol. 24-14, July 15, 2024
The president, the student conduct officer, their
				  designee(s), or the student conduct committee shall have the authority and
				  power to prohibit the entry or withdraw the license or privilege of any person
				  or group of persons to enter into or remain on any college property or
				  facility. Such power and authority may be exercised to halt any event or
				  activity which is deemed to be unreasonably disruptive of order or impedes the
				  movement of persons or vehicles or which disrupts or threatens to disrupt the
				  ingress and/or egress of persons from facilities owned and/or operated by the
				  college. Any person remaining on or reentering college property after receiving
				  notice that their license or privilege to be on that property has been revoked
				  shall be subject to arrest for criminal trespass under the provisions of
				  chapter 9A.52 RCW, Burglary and trespass.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-300 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1)  This chapter shall apply to student
				conduct that occurs:
(a)  On college premises
				and/or in college facilities;
(b) 
				At or in connection with college-sponsored activities; and
(c)  Off-campus student conduct that, in the
				judgment of the college, adversely affects the well-being of the college
				community and/or the pursuit of its objectives. The college has sole
				discretion, on a case-by-case basis, to determine whether the code of student
				conduct will be applied to conduct occurring off campus.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-310 - Groups and organizations

Current through Register Vol. 24-14, July 15, 2024
Recognized student groups and organizations may be charged
				  with violations of this code. Such a group or organization and its officers may
				  be held collectively or individually responsible when violations of this code
				  by those associated with the group or organization have received the tacit or
				  overt consent or encouragement of the organization, its leaders, officers or
				  spokespersons.
Sanctions for group or organization misconduct may include,
				  but are not limited to, loss of recognition, as well as other appropriate
				  sanctions permitted under this code. Sanctions of groups or organizations are
				  subject to the appeal process upon request.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-315 - Disciplinary process

Current through Register Vol. 24-14, July 15, 2024
(1)
Initiating disciplinary action (except summary suspension).
(a)  All disciplinary actions will be
				initiated by the student conduct officer. If that person 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.
(b)  The student conduct officer shall
				initiate disciplinary action by notifying the respondent to attend a
				disciplinary meeting. At the meeting, the student will be presented with the
				allegations, the provisions of the conduct code the respondent is alleged to
				have violated; and the range of possible sanctions for the alleged violation.
				This information will be provided in writing, either at the meeting or within
				three business days of the meeting. The respondent shall be afforded an
				opportunity to explain what took place. If the respondent fails to attend the
				meeting, the student conduct officer may take disciplinary action based upon
				the available information.
(c) 
				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 disciplinary decision letter 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.
(d)  The student
				conduct officer may take any of the following disciplinary actions:
(i)  Exonerate the respondent and terminate
				the proceedings;
(ii)  Impose a
				disciplinary sanction(s), as described in WAC 132B-125-125;
(iii)  Refer the matter directly to the
				student conduct committee for such disciplinary action as the committee deems
				appropriate.
(e)  Sexual
				harassment complaints or concerns may be directed to the Title IX coordinator
				or human resources office.
(f)  A
				student formally charged or under investigation for a violation of this code
				may not excuse himself or herself from disciplinary hearings by withdrawing
				from the college.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-320 - 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 student conduct officer within ten calendar 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 student conduct 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 or the president.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-325 - Brief adjudicative proceedings-Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1)  Brief adjudicative proceedings shall be
				conducted by the 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.
(a)  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 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-330 - 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 the respondent files a written request for review
				with the student conduct officer within ten calendar days of service of the
				initial decision.
(2)  The president
				shall not participate in any case in which they are a complainant or witness,
				or in which they have direct or personal interest, prejudice, or bias, or in
				which they have acted previously in an advisory capacity.
(3)  During the review, the president shall
				give 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 reasons for the decision and must be
				served on the parties within ten business days. 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 ten 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 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-335 - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1)  The student
				conduct committee shall consist of five members:
(a)  Two full-time students appointed by the
				student government;
(b)  Two faculty
				members appointed by the president; and
(c)  One administrative staff member (other
				than an administrator serving as a student conduct or conduct review officer)
				appointed by the president at the beginning of the academic year.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-340 - Student conduct committee process

Current through Register Vol. 24-14, July 15, 2024
(1) 
				Proceedings of the student conduct committee shall be governed by the
				Administrative Procedure Act, chapter 34.05 RCW.
(2)  The student conduct committee chair shall
				serve all parties with written notice of the hearing not less than seven days
				in advance of the hearing date. The chair may shorten this notice period if
				both parties agree, and also may continue the hearing to a later time for good
				cause shown.
(3)  The committee
				chair is authorized to conduct prehearing conferences and/or to make prehearing
				decisions concerning the extent and form of any discovery, issuance of
				protective decisions, and similar procedural matters.
(4)  Upon request, filed at least five
				business days before the hearing by any party or at the direction of the
				committee chair, the parties shall exchange, no later than the third business
				day prior to the hearing, lists of potential witnesses and copies of potential
				exhibits that they reasonably expect to present to the committee. Failure to
				participate in good faith in such a requested exchange may be cause for
				exclusion from the hearing of any witness or exhibit not disclosed, absent a
				showing of good cause for such failure.
(5)  The committee chair may provide to the
				committee members in advance of the hearing copies of:
(a)  The conduct officer's notification of
				imposition of discipline (or referral to the committee); and
(b)  The notice of appeal (or any response to
				referral) by the respondent. If doing so, however, the chair should remind the
				members that these "pleadings" are not evidence of any facts they may
				allege.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-345 - 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-350 - 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
				business 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 Entry of orders, and WAC 1008-210 Adjudicative
				proceedings-Initial or final order. The initial decision shall include findings
				on all material issues of fact and conclusions on all material issues of law,
				including which, if any, provisions of the student conduct code were violated.
				Any findings based substantially on the credibility of evidence or the demeanor
				of witnesses shall be so identified.
(3)  The committee's initial order shall also
				include a determination on appropriate discipline, if any. If the matter was
				referred to the committee by the student conduct officer, the committee shall
				identify and impose disciplinary sanction(s) or conditions, if any, as
				authorized in the student conduct code. If the matter is an appeal by the
				respondent, the committee may affirm, reverse, or modify the disciplinary
				sanction and/or conditions imposed by the student conduct officer and/or impose
				additional disciplinary sanction(s) or conditions as authorized
				herein.
(4)  The committee chair
				shall cause copies of the initial decision to be served on the parties and
				their legal counsel of record. The committee chair shall also promptly transmit
				a copy of the decision and the record of the committee's proceedings to the
				president.
(5)  In cases involving
				allegations of sexual misconduct, the chair of the student conduct committee,
				on the same date as the initial decision is served on the respondent, will
				serve a written notice upon the complainant informing the complainant whether
				the allegations of sexual misconduct were found to have merit and describing
				any disciplinary sanctions and/or conditions imposed upon the respondent for
				the complainant's protection, including suspension or dismissal of the
				respondent. Complainant may appeal the student conduct committee's initial
				decision to the president subject to the same procedures and deadlines
				applicable to other parties. The notice will also inform the complainant of
				their appeal rights.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-355 - Appeal from student conduct committee's 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 by filing a notice of appeal with
				the president's office within twenty-one calendar days of service of the
				committee's initial decision. Failure to file a timely appeal constitutes a
				waiver of the right and the initial decision shall be deemed final.
(2)  The notice of appeal must identify the
				specific findings of fact and/or conclusions of law in the initial decision
				that are challenged and must contain argument why the appeal should be granted.
				The president's review shall be restricted to the hearing record made before
				the student conduct committee and will normally be limited to a review of those
				issues and arguments raised in the notice of appeal.
(3)  The president shall provide a written
				decision to all parties within twenty 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 may, at their discretion,
				suspend any disciplinary action pending review of the merits of the findings,
				conclusions, and disciplinary actions imposed.
(6)  The president shall not engage in an ex
				parte communication with any of the parties regarding an appeal.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-360 - Readmission after dismissal

Current through Register Vol. 24-14, July 15, 2024
A student dismissed from the college may be readmitted only
				  on written petition to the president. Petitions must indicate reasons that
				  support reconsideration. The president may use whatever review procedures are
				  at the president's disposal in consideration of readmission. The president
				  shall convey a decision in writing to the student within thirty days after
				  completion of the review process.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-365 - Sexual misconduct proceedings-Dual procedural rights

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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 3 - STUDENT CONDUCT PROCEDURES › Section 132B-125-370 - Reporting, recording and maintaining records

Current through Register Vol. 24-14, July 15, 2024
The office of the student conduct officer shall keep records
				  of all disciplinary cases. Except in proceedings where the student is
				  exonerated, all documentary or other physical evidence produced or considered
				  in disciplinary proceedings and all recorded testimony shall be preserved;
				  insofar as possible, for not more than six years. No other records of
				  proceedings wherein the student is exonerated, other than the fact of
				  exoneration, shall be maintained in the student's file or other college
				  repository after the date of the student's graduation or not more than six
				  years.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-400 - 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 Grays Harbor
				  College's standard disciplinary procedures, chapter 132B-125 WAC, Student
				  conduct code, these supplemental procedures shall take precedence. College may,
				  at its discretion, contract with an administrative law judge or other person to
				  act as presiding officer and assign such presiding officer to exercise any or
				  all of the duties in lieu of the student conduct committee and committee
				  chair.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-405 - Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to RCW    28B.50.140(13) Boards of trustees- Powers and
				  duties, and Title IX of the Education Amendments Act of 1972,  20 U.S.C. Sec. 1681, Grays Harbor 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
				Grays Harbor College employee conditioning the provision of an aid, benefit, or
				service of Grays Harbor 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 Grays Harbor 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-410 - 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 Grays Harbor 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-415 - 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 Title
				IX conduct committee and serving the notice on the respondent and the
				complainant, and their respective advisors. The notice must:
(a)  Set forth the basis for Title IX
				jurisdiction;
(b)  Identify the
				alleged Title IX violation(s);
(c) 
				Set forth the facts underlying the allegation(s);
(d)  Identify the range of possible sanctions
				that may be imposed if the respondent is found responsible for the alleged
				violation(s); 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)  Grays Harbor 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.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-420 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1)  Upon
				receiving the disciplinary notice, the chair of the Title IX conduct committee
				will send a hearing notice to all parties, in compliance with WAC 132B-125-340 Student conduct committee process. In no event will the hearing date be set
				less than ten days after the Title IX coordinator provided the final
				investigation report to the parties.
(2)  A party may choose to have an attorney
				serve as their advisor at the party's own expense. This right will be waived
				unless, at least five days before the hearing, the attorney files a notice of
				appearance with the committee chair with copies to all parties and the student
				conduct officer.
(3)  In preparation
				for the hearing, the parties will have equal access to all evidence gathered by
				the investigator during the investigation, regardless of whether the college
				intends to offer the evidence at the hearing.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-425 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1)  Grays Harbor
				College's student conduct procedures, chapter 132B-125 WAC, Student conduct
				code and this supplemental procedure shall apply equally to all
				parties.
(2)  Grays Harbor 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 finally resolved.
(4)  During the hearing, each party shall be
				represented by an advisor. The parties are entitled to an advisor of their own
				choosing and the advisor may be an attorney. If a party does not choose an
				advisor, then the Title IX coordinator will appoint an advisor of the college's
				choosing on the party's behalf at no expense to the party.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-430 - 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 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-435 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1)  In addition
				to complying with WAC 132B-125-340 Student conduct committee procedures, the
				Title IX conduct committee:
(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 Grays Harbor College's educational programs or
				activities; and
(h)  Describes the
				process for appealing the initial order to the Grays Harbor College
				president.
Washington Administrative Code › Title 132B - Grays Harbor College › Chapter 132B-125 - Student conduct code › Part 4 - SEXUAL MISCONDUCT › Section 132B-125-440 - Title IX 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 if affirmed or denied, or if the
				  disciplinary sanctions and conditions imposed in the initial order are
				  affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
				  sanctions and conditions.
(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.