reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-107 - Jurisdiction of the student code of conduct

Current through Register Vol. 24-14, July 15, 2024
The CBC student code of conduct will apply to conduct by
				  students and student organizations that occurs on college premises, within the
				  residence halls, at college-sponsored events and activities, foreign or
				  domestic travel associated with any of these events or activities, and to
				  off-campus conduct which is in violation or alleged violation of local, state,
				  or federal law, or this student code of conduct. Allegations or violations
				  which occur off campus can be subject to college disciplinary action if the
				  conduct has an effect on the CBC campus. The student code of conduct applies to
				  conduct from the time of application for admission until the award of a degree
				  and/or certificate, even if the conduct may have occurred before classes begin,
				  after classes end, during the academic year, or during periods between terms of
				  actual enrollment. These standards shall apply to a student's conduct even if
				  the student is suspended or withdraws from the college while a disciplinary
				  matter is pending. If a student withdraws after allegedly violating the student
				  code of conduct, but prior to the college reaching a disciplinary decision in
				  the matter, the college can move forward with the disciplinary process, place
				  the process on hold until the student returns, or choose to place the
				  investigation results in the student's file for consideration should they
				  reapply for admittance, reenroll or register for any educational offerings at
				  the college.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-112 - Good standing

Current through Register Vol. 24-14, July 15, 2024
The award of a degree or certificate is conditioned upon the
				  student's good standing in the college and satisfaction of all program
				  requirements. "Good standing" means the student has resolved any unpaid fees,
				  or acts of academic or behavioral misconduct, and has complied with all
				  sanctions imposed as a result of any misconduct. CBC shall deny award of a
				  degree or certificate if the student is dismissed from the college based on
				  their misconduct.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-117 - Composition of the student conduct board

Current through Register Vol. 24-14, July 15, 2024
The college will have a SCB composed of one chairperson and
				  three decision-making members who shall be vice presidents and deans or
				  directors as designated by the college and trained to conduct the full
				  adjudicative process. The SCB will serve as a standing committee until a final
				  decision is made regarding the student conduct matter for which it was
				  convened. Any SCB member who has a personal relationship with either party or
				  any personal or other interest which would prevent a fair and impartial review
				  and decision will be recused from the proceedings. The chairperson will preside
				  at the disci pli nary hearing an d wi ll provide administrative oversight
				  throughout the hearing process but will not participate in the deliberations of
				  the decision-making members. The three decision-making members constitute a
				  quorum of the SCB and may act accordingly. The college may retain an advisor to
				  the SCB, including an assistant attorney general.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-123 - Composition of the student appeals board

Current through Register Vol. 24-14, July 15, 2024
The college will have a SAB composed of three members,
				  appointed by the vice president for student services (VPSS) or designee, who
				  will serve as a standing committee until a decision is made regarding the
				  appeal of the student conduct matter for which it was convened. Any SAB member
				  who has a personal relationship with either party or any personal or other
				  interest which would prevent a fair and impartial review and decision will be
				  recused from the proceedings. The three members of the SAB shall include only
				  faculty and administrative exempt nonstudent college employees trained to
				  conduct the brief adjudicative process. The chairperson will provide
				  administrative oversight throughout the appeal process. The college may retain
				  an advisor to the SAB including an assistant attorney
				  general.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-127 - Convening boards

Current through Register Vol. 24-14, July 15, 2024
The VPSS will convene the members of the SCB or the SAB to
				  adjudicate student code of conduct decisions. All board members will receive
				  annual training in investigating and adjudicating student conduct matters in a
				  manner that protects the safety and due process rights of the
				  parties.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article I - AUTHORITY FOR THE STUDENT CODE OF CONDUCT › Section 132S-100-130 - Decisions

Current through Register Vol. 24-14, July 15, 2024
All student conduct decisions are made using the
				  preponderance of evidence standard of proof. These decisions become final after
				  twenty-one days from the date of notification to the student unless a written
				  appeal is filed prior to that final date. Decisions to document a complaint
				  without sanction are not eligible for appeal. All decision notifications by the
				  SCO, SCB, SAB, or president will include a statement of the decision, a summary
				  of relevant facts upon which the decision was based, and the procedures for
				  appealing that decision if applicable. The notification will be personally
				  delivered, sent electronically to the student's CBC email address, or by mail
				  to the student's most recent address on file with the college within twenty
				  instructional days of the student conduct proceeding. Students are responsible
				  for promptly notifying the college of changes to their mailing address.
				  Decisions of findings or sanctions by the SCO which do not include sanctions of
				  expulsion, suspension for more than ten days, withholding or revocation of a
				  degree, or loss of recognition of a student organization may be appealed to the
				  SAB. Decisions of findings or sanctions from the SCB may be appealed to the
				  college president. Decisions made by the SAB and college president on appeals
				  are final.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-202 - Conduct-Rules and regulations

Current through Register Vol. 24-14, July 15, 2024
The attendance of a student at CBC is a voluntary entrance
				  into the academic community. By such entrance, the student assumes obligations
				  of performance and behavior reasonably imposed by the college relevant to its
				  lawful missions, processes, and functions. It is the college's expectation that
				  students will:
(1) Conduct themselves
				in a responsible manner;
(2) Comply
				with rules and regulations of the college and its departments;
(3) Respect the rights, privileges, and
				property of other members of the academic community;
(4) Maintain a high standard of integrity and
				honesty; and
(5) Not interfere with
				legitimate college business appropriate to the pursuit of educational goals.
Any student or student organization that, either as a
				  principal or participator or by aiding or abetting, commits or attempts to
				  commit to violate any of the proscribed conduct, rules and regulations, or
				  college policy will be subject to disciplinary action.
Amnesty. To support each student's contribution to a safe and
				  effective campus community, the college will not discipline reporting parties
				  or witnesses for code of conduct violations that occur in connection with
				  reported alleged violation unless the college determines the violation was
				  egregious. Egregious violations include conduct that risked someone's health or
				  safety, or involved plagiarism, cheating, or academic dishonesty. Students may
				  be reluctant to report proscribed conduct when alcohol, drugs, or other
				  intoxicants were involved. To encourage reporting, this amnesty provision
				  applies to alcohol- and drug-related student violations.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-205 - Abusive conduct

Current through Register Vol. 24-14, July 15, 2024
Physical and/or verbal abuse, threats, intimidation,
				  harassment, online harassment, coercion, bullying, cyberbullying, retaliation,
				  stalking, cyberstalking, and/or other conduct which threatens or endangers the
				  health or safety of any person or which has the purpose or effect of creating a
				  hostile or intimidating environment.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-208 - Abuse of the student conduct process

Current through Register Vol. 24-14, July 15, 2024
Abuse of the student conduct process which includes, but is
				  not limited to:
(1) Failure to comply
				with any notice from a college official to appear for a meeting or hearing as
				part of the student conduct process.
(2) Willful falsification, distortion, or
				misrepresentation of information during the conduct process.
(3) Disruption or interference with the
				orderly conduct of a college conduct proceeding.
(4) Filing fraudulent charges or initiating a
				college conduct proceeding in bad faith.
(5) Attempting to discourage an individual's
				proper participation in, or use of, the student conduct process.
(6) Attempting to influence the impartiality
				of a member of the college conduct process prior to, during, and/or after any
				college conduct proceeding.
(7)
				Harassment (written, verbal, or physical), retaliation, and/or intimidation of
				any person or persons involved in the conduct process prior to, during, or
				after any college conduct proceeding.
(8) Failure to comply with the sanction(s)
				imposed under the student code of conduct.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-210 - Destroying or damaging property

Current through Register Vol. 24-14, July 15, 2024
Intentional and/or reckless damage to or misuse of
				  college-owned or controlled property, or the property of any person where such
				  property is located within college owned or controlled premises or at
				  college-sponsored functions.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-213 - Discrimination

Current through Register Vol. 24-14, July 15, 2024
Engaging in any unfavorable treatment of a person based on
				  that person's membership or perceived membership in a protected class.
				  Harassment is a form of discrimination.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-215 - Disorderly conduct

Current through Register Vol. 24-14, July 15, 2024
Includes, but is not limited to, the following:
(1) Obstruction of teaching, administration,
				or other college activities, including its public service function on- or
				off-campus, or of other authorized noncollege activities when the conduct
				occurs on college premises or at college-sponsored functions.
(2) Material and substantial interference
				with the personal rights or privileges of others or of the educational process
				of the college.
(3) Lewd or
				indecent conduct, breach of peace, or aiding, abetting, or procuring another
				person to breach the peace on college premises or at functions sponsored, or
				participated in, by the college or members of the academic community.
(4) Unauthorized use of electronic or other
				devices to make an audio, photographic, digital or video recording of any
				person without their consent in a location where that person has a reasonable
				expectation of privacy. This includes, but is not limited to, covertly taking
				pictures of another person in a gym, locker room, or restroom. Storing,
				sharing, publishing, or otherwise distributing such recordings or images is
				also prohibited.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-220 - Disruption

Current through Register Vol. 24-14, July 15, 2024
Includes, but is not limited to, the following:
(1)Participating in an on- or off-campus
				demonstration, riot, or any activity that disrupts the normal operations of the
				college and/or infringes on the rights of other members of the college
				community.
(2) Intentionally and/or
				recklessly inciting others to engage in any prohibited conduct as defined
				herein, when incitement may lead to such conduct.
(3)Obstruction of the free flow of pedestrian
				or vehicular traffic on college premises or at college-sponsored or supervised
				functions.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-227 - Drugs, controlled substances, and marijuana

Current through Register Vol. 24-14, July 15, 2024
(1) Legend drugs, narcotic drugs, controlled
				substances: Being observably under the influence of any legend drug, narcotic
				drug, or controlled substance as defined in chapters 69.41 and 69.50 RCW, or
				otherwise using, possessing, delivering, manufacturing, or seeking any such
				drug or substance, except in accordance with a lawful prescription for that
				student by a licensed health care professional or as otherwise expressly
				permitted by federal, state, or local law, is prohibited. Use, possession and
				distribution of drug paraphernalia for the drugs and substances identified in
				this section is prohibited.
(2)
				Marijuana: While state law permits the recreational use of marijuana, federal
				law prohibits such use on college premises or in connection with college
				activities. Being observably under the influence of marijuana or the
				psychoactive compounds found in marijuana, or otherwise using, possessing,
				selling or delivering any product containing marijuana or the psychoactive
				compounds found in marijuana and intended for human consumption, regardless of
				form, is prohibited.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-230 - Falsehoods and misrepresentations

Current through Register Vol. 24-14, July 15, 2024
Includes the following:
(1) The intentional making of false
				statements and/or knowingly furnishing false information to any college
				official, faculty member, or office.
(2) Forgery, alteration, or misuse of any
				college document, record, fund, or instrument of identification with the intent
				to defraud.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-235 - Hazing

Current through Register Vol. 24-14, July 15, 2024
(1) Any act, described in Washington statute,
				RCW
				  28B.10.900 committed as part of a person's
				recruitment, initiation, pledging, admission into or affiliation with a student
				organization, athletic team, or living group, or any pastime or amusement
				engaged in with respect to such an organization, athletic team, or living group
				that causes, or is likely to cause, bodily danger or physical harm, or serious
				psychological or emotional harm, to any student or other person attending the
				college, including causing, directing, coercing, or forcing a person to consume
				any food, liquid, alcohol, drug, or other substance which subjects the person
				to risk of such harm, regardless of the person's willingness to participate.
				Hazing does not include customary athletic events or other similar contests or
				competitions.
(2) A person who
				witnesses hazing or has reasonable cause to believe hazing has occurred or will
				occur and makes a report in good faith may not be sanctioned or punished for
				violation of hazing unless the person is directly engaged in the planning,
				directing, or act of hazing reported.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-240 - Insubordination

Current through Register Vol. 24-14, July 15, 2024
Failure to comply with the direction of college officials,
				  campus security officers, or law enforcement officers acting in the legitimate
				  performance of their lawful duties and/or failure to properly identify oneself,
				  provide evidence of student enrollment and/or proper identification to these
				  persons when requested to do so.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-245 - Alcohol

Current through Register Vol. 24-14, July 15, 2024
(1) Consuming,
				possessing, furnishing, or selling of alcoholic beverages and/or being under
				the influence of any alcoholic beverage is prohibited on college premises or at
				college-sponsored or supervised events except as a participant of legal age in
				a student program, banquet, or educational program which has the special
				written authorization of the college president or their designee to permit the
				service of alcoholic beverages.
(2)
				Alcoholic beverages may not, in any circumstance, be used by, possessed by, or
				distributed to any person under the state alcohol legal drinking age.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-250 - Misuse of equipment and technology

Current through Register Vol. 24-14, July 15, 2024
Misuse of the college's computer, telecommunications, or
				  electronic technology, facilities, network, software, or equipment which
				  includes, but is not limited to:
(1)
				Unauthorized entry into a file to use, read, or change the contents, or for any
				other purpose.
(2) Unauthorized
				transfer of a file.
(3) Use of
				another individual's credentials or password or allowing someone else to use
				your own credentials and password.
(4) Violation of law including copyright
				laws.
(5) Interference with the
				normal operations of the college or the work of another student, faculty
				member, or college official.
(6)
				Sending obscene or abusive messages.
(7) Obtaining personal profit, advertisement,
				or illegal purposes.
(8) Use for
				purposes other than those necessary to fulfill an assignment or task as part of
				the student's program of instruction.
(9) Engaging in any actions and behaviors
				prohibited by college policy.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-255 - Safety misconduct

Current through Register Vol. 24-14, July 15, 2024
Intentionally initiating or causing to be initiated any false
				  report, warning, or threat of fire, explosion, or other emergency on college
				  premises or at any college-sponsored activity, or falsely setting off or
				  otherwise tampering with any emergency safety equipment, alarm, or other device
				  established for the safety of individuals and/or college facilities, or driving
				  a vehicle recklessly or over the speed limit on campus
				  property.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-260 - Sexual misconduct

Current through Register Vol. 24-14, July 15, 2024
Engaging in nonconsensual sexual intercourse or nonconsensual
				  sexual contact, requests for sexual favors or other conduct of a sexual nature
				  where such behavior offends a reasonable, orderly, prudent person under the
				  circumstances. This includes, but is not limited to:
(1) Sexual activity or contact for which
				clear and voluntary consent has not been given in advance.
(2) Sexual activity with someone who is
				incapable of giving valid consent including, but not limited to, someone who is
				under duress, is underage, sleeping or otherwise incapacitated due to alcohol,
				drugs, or any other reason.
(3)
				Sexual harassment, which includes unwelcome, gender-based verbal, written,
				electronic, and/or physical conduct. Sexual harassment also includes offensive
				remarks about a person's gender, gender identity, and/or sexual orientation.
				Sexual harassment encompasses:
(a) Hostile
				environment sexual harassment; and
(b) Quid pro quo sexual harassment.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-265 - Theft

Current through Register Vol. 24-14, July 15, 2024
The unauthorized taking or removing of college-owned or
				  operated property or of another's property with the intent of depriving the
				  owner of the property.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-273 - Unauthorized keys, entry, or use

Current through Register Vol. 24-14, July 15, 2024
Unauthorized keys, entry or use includes, but is not limited
				  to:
(1) Unauthorized possession,
				duplication, or use of keys (including conventional keys, key cards, or
				passcodes) to any college premises;
(2) Unauthorized entry upon or use of college
				premises or property; or
(3)
				Providing keys to an unauthorized person or providing access to an unauthorized
				person.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-275 - Weapons

Current through Register Vol. 24-14, July 15, 2024
Unauthorized possession of weapons (e.g., firearms, daggers,
				  swords, knives, other cutting or stabbing instruments, or clubs) or substances
				  (e.g., explosives) apparently capable of producing bodily harm and/or damage to
				  real or personal property is prohibited on or in college-owned or operated
				  facilities and premises and/or during college-sponsored events.
(1) Carrying of firearms on or in
				college-owned or operated facilities and/or during college-sponsored events is
				prohibited except and unless the permit is registered with the campus security
				department for a specified period of time.
(2) The aforementioned regulations within
				this section shall not apply to equipment or materials owned, used or
				maintained by the college; nor will they apply to law enforcement officers or
				campus security officers acting in the legitimate performance of their lawful
				duties.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-280 - Academic dishonesty

Current through Register Vol. 24-14, July 15, 2024
Academic dishonesty minimizes the learning process and
				  threatens the learning environment for all students. As members of the CBC
				  learning community, students are not to engage in any form of academic
				  dishonesty. Academic dishonesty includes, but is not limited to, cheating,
				  plagiarism, and fabrication or falsification of information, research, or other
				  findings for the purpose of fulfilling any assignment or task as part of the
				  student's program of instruction. Any student who commits or aids and abets the
				  accomplishment of an act of academic dishonesty will be subject to disciplinary
				  action.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-285 - Classroom misconduct

Current through Register Vol. 24-14, July 15, 2024
Being disorderly or disruptive, where such behavior makes it
				  difficult or impossible to continue with the normal functions of the
				  class/program. Bringing any person or object to a teaching and learning
				  environment that may disrupt the environment or cause a safety or health
				  hazard, without the approval of the instructor or other authorized official, is
				  expressly prohibited.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-290 - Violation of law

Current through Register Vol. 24-14, July 15, 2024
Conduct which would constitute a violation of any federal,
				  state, or local law. When traveling abroad, international law will
				  apply.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-295 - Violation of college policy, rule, or regulation

Current through Register Vol. 24-14, July 15, 2024
Violation of any college policy, rule, or regulation
				  published electronically on the college web site or in hard copy.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article II - PROSCRIBED CONDUCT › Section 132S-100-297 - Creating a public nuisance in neighboring communities

Current through Register Vol. 24-14, July 15, 2024
In furtherance of the college's interest in maintaining
				  positive relationships with the community, the college shall hold students
				  accountable under this conduct code for misconduct within any residential or
				  commercial communities in the area. Conduct that is in violation of a state
				  statute or municipal ordinance and has a direct quality of life impact on
				  community residents or businesses including, but not limited to, creating a
				  public nuisance due to noise, residential disturbance, intentional destruction
				  of property, urinating in public, or criminal trespass.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article III - RULES AND REGULATIONS › Section 132S-100-300 - Responsibility for guests

Current through Register Vol. 24-14, July 15, 2024
A student or student organization is responsible for the
				  conduct of their invited guests, advisors and representatives on or in college
				  owned or controlled property and at activities sponsored by the college or
				  sponsored by any recognized college organization.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article III - RULES AND REGULATIONS › Section 132S-100-305 - Student clubs and organizations

Current through Register Vol. 24-14, July 15, 2024
Any student club or organization shall comply with the
				  student code of conduct. When a member or members of a student club or
				  organization violates the student code of conduct, the members and/or
				  individual member may be subject to appropriate sanctions authorized by this
				  student code of conduct.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article III - RULES AND REGULATIONS › Section 132S-100-310 - Violation of law and college discipline

Current through Register Vol. 24-14, July 15, 2024
College disciplinary proceedings may be used to determine
				  responsibility of a student for conduct that potentially violates the criminal
				  law and this student code (that is, if both alleged violations result from the
				  same factual situation) without regard to the pendency of civil or criminal
				  litigation in court or criminal arrest and prosecution. Proceedings under this
				  student code of conduct may be carried out prior to, simultaneously with, or
				  following civil or criminal proceedings. Determinations made or sanctions
				  imposed under this student code of conduct will not be subject to change
				  because criminal charges arising out of the same facts giving rise to violation
				  of college rules were dismissed, reduced, or resolved in favor of or against
				  the criminal law defendant.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-407 - Appeal process

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Disciplinary decisions may be appealed by
				filing a written request with the office of the VPSS within twenty-one days of
				the notice of the decision. Disciplinary decisions of the SCO may be appealed
				for review by the SAB using the brief adjudicative process. Disciplinary
				decisions of the SCB may be appealed for review by the college president using
				the brief adjudicative process. Disciplinary decisions by the SCO that include
				sexual misconduct may be applied for review by the SCB using the brief
				adjudicative process. Failure to file a written appeal within twenty-one days
				will result in the decision becoming final with no further right of appeal.
(b) The request for appeal must
				include a brief statement explaining the grounds for the appeal or why the
				party is seeking review. Disagreement with the finding and/or with the
				sanctions does not, by itself, represent grounds for appeals.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-413 - Full adjudicative process

Current through Register Vol. 24-14, July 15, 2024
The SCB will use the following full adjudicative process to
				  determine responsibility for serious violations which include sanctions of
				  suspension for more than ten days, expulsion, with holding or revocation of a
				  degree, or loss of recognition of a student organization.
(1) The parties will be sent written
				notification of the SCB adjudication proceedings within ninety days from the
				date of the filing of the appeal. The notification will contain the following:
(a) The time, date, and location of the
				hearing, which shall not be less than seven days from the date of the notice of
				the hearing;
(b) The specific acts
				alleged and the provision(s) of college policy which those acts
				violated;
(c) The SCB
				procedures;
(d) The name and
				contact information for the SCB and their advisor, if any, representing the
				college. The notice will include the official title, work mailing address, and
				telephone number of each of these individuals;
(e) Unless otherwise ordered by the SCB
				chairperson, the name and mailing addresses of all parties to whom notice is
				being given and, if known, the names and addresses of their advisors;
(f) A statement that if a party fails to
				attend or participate in a hearing or other stage of this adjudicative
				proceeding, they may be held in default in accordance with chapter 34.05 RCW
				and/or the college may continue the student conduct process, including the
				hearing, despite the party's absence.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-417 - Brief adjudicative process

Current through Register Vol. 24-14, July 15, 2024
(1) The brief adjudicative process is
				conducted in accordance with
				RCW
				  34.05.482 through
				34.05.494.
(2) The SCO will use the brief adjudicative
				process to make decisions of findings of responsibility as provided in this
				code of conduct.
(3) The SCB will
				use the brief adjudicative process to review appeals of disciplinary decisions
				which include allegations of sexual misconduct but do not include sanctions of
				expulsion, suspension for more than ten days, revocation of a degree, or loss
				of recognition of a student organization.
(4) The president will use the brief
				adjudicative process to review appeals of all disciplinary decisions made by
				the SCB.
(5) The SAB will use the
				brief adjudicative process to review timely appeals of disciplinary decisions
				which do not include sexual misconduct, sanctions of expulsion, suspension for
				more than ten days, revocation of a degree, or loss of recognition of a student
				organization.
(6) Within twenty
				days of filing the appeal, the SAB or president, as applicable, shall review
				the record of the preceding conduct decision and all relevant information
				provided by the parties, and based on a preponderance of the evidence by
				unanimous vote as applicable, shall make a determination to affirm, reverse, or
				modify the findings and/or sanctions. The SCB, SAB and president shall have the
				discretion to seek clarification from witnesses as needed.
(7) Notification of the decision will be
				issued pursuant to WAC 132S-100-130.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-423 - Academic dishonesty process

Current through Register Vol. 24-14, July 15, 2024
(1) The class instructor is responsible for
				handling each case of academic dishonesty in the classroom and for determining
				a penalty grade as outlined in the course syllabus.
(2) If, within the instructor's professional
				judgment, reasonable evidence would suggest that a student engaged in academic
				dishonesty, the instructor will provide notice to the student, either written
				or verbal, of their assertion of academic dishonesty and of the academic
				penalty grade within thirty instructional days of the occurrence or when the
				instructor is made aware of the occurrence.
(3) The instructor will submit a report to
				the SCO of the assertion of academic dishonesty, the explanation of the notice
				or actual notice given to the student and a copy of all relevant evidence. The
				instructor may request that the incident only be documented with the SCO, or
				refer the matter for disciplinary action. If the student has a previous
				academic dishonesty record, the SCO may choose to move forward with the
				disciplinary process without an instructor's request.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-427 - Classroom conduct

Current through Register Vol. 24-14, July 15, 2024
Instructors have the authority to take appropriate action to
				  maintain order and proper conduct in the classroom and to maintain the
				  effective cooperation of the class in fulfilling the objectives of the course.
				  An instructor may exclude a student from any single class/program session
				  during which the student is currently being so disorderly or disruptive that it
				  is difficult or impossible to maintain classroom decorum. The instructor will
				  report any such exclusion from the class/program session to the SCO. The SCO
				  may initiate disciplinary action under the student code of
				  conduct.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-433 - Sexual misconduct procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Any reports of sexual misconduct will be
				forwarded to the college's Title IX coordinator or designee for review and
				investigation in accordance with the college's Title IX grievance policy and
				procedure or nondiscrimination and harassment policy and grievance procedure,
				as applicable.
(2) College
				personnel will honor requests to keep sexual misconduct complaints confidential
				to the extent this can be done without unreasonable risk to the health, safety,
				and welfare of the parties or other members of the college community, or
				compromising the college's duty to investigate and process sexual harassment
				and sexual violence complaints.
(3)
				Both the respondent and the complainant in cases involving allegations of
				sexual misconduct shall be provided the same procedural rights to participate
				in the disciplinary process, to simultaneously receive notifications, and to
				appeal the finding and/or sanction.
(4) Notification of the results of the
				investigation or disciplinary action, if any, will be personally delivered,
				sent electronically to the student's CBC email address, or sent by mail to the
				most recent address in the student's record on file with the college.
(5) In the event of conflict between the
				Title IX grievance policy and procedure or the nondiscrimination and harassment
				policy and grievance procedure and the student code of conduct, the Title IX
				grievance policy and procedure or nondiscrimination and harassment policy and
				grievance procedure, as applicable, shall govern.
(6) All college employees who coordinate,
				investigate, or adjudicate issues involving sexual misconduct shall receive
				annual training as required by law, including training on domestic violence,
				dating violence, sexual assault, stalking and investigation and adjudication
				processes that protect the safety and due process rights of the
				parties.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-437 - Sexual misconduct appeal procedures

Current through Register Vol. 24-14, July 15, 2024
(1) A party may appeal a sexual misconduct
				disciplinary decision for review according to the procedures as stated in this
				code of conduct by filing a written request for appeal with the office of the
				VPSS within twenty-one days of the notification of the disciplinary
				decision.
(2) The college shall
				notify the other party of the appeal and provide that party an opportunity to
				respond to the appeal.
(3) Failure
				to file a timely notice of appeal constitutes a waiver of this right and the
				disciplinary decision shall become final.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article V - RECORDS › Section 132S-100-500 - Records of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) Records of all disciplinary actions will
				become part of the student's disciplinary record and kept by the office of the
				SCO. Disciplinary records are "education records" as defined by FERPA and shall
				be maintained and disclosed consistent with FERPA and the college's educational
				records retention policies. All documentation of the student conduct
				proceedings will be preserved for at least seven years, except in decisions
				where no violation(s) of the student code of conduct was found. In such cases,
				only a record of the finding of no violation shall be maintained in the
				student's file or other college repository after the date of the student's
				graduation or award of a degree or certificate or for one calendar year,
				whichever is shorter. All records of expulsion will be kept for twenty-five
				years from the date of the decision.
(2) The office of the SCO will keep accurate
				records of all disciplinary actions taken by that office. Such recordings will
				be placed in the student's disciplinary records. A student has a disciplinary
				record only after notification of a decision is made and the student is found
				responsible for a violation of the student code of conduct. A case that is
				currently under investigation or is classified as "documentation only" is not a
				disciplinary record.
(3) The Family
				Educational Rights and Privacy Act (FERPA) provides that an educational
				institution may notify a student's parent or legal guardian if the student is
				under the age of twenty-one and has violated a federal, state, or local law
				involving the use or possession of alcohol or a controlled substance.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-110 - Title IX hearing procedure for students › Section 132S-110-010 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This procedure applies to allegations of sexual harassment
				subject to Title IX jurisdiction pursuant to the college's Title IX grievance
				policy and regulations promulgated by the United States Department of
				Education. See  34 C.F.R. Part 106  . To the extent these hearing procedures
				conflict with Columbia Basin College's standard disciplinary procedures, WAC
				132S-100-010 through
				132S-100-500
				these 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 hearing panel and hearing panel chair.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-110 - Title IX hearing procedure for students › Section 132S-110-020 - 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 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
			 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 132S - Columbia Basin College › Chapter 132S-110 - Title IX hearing procedure for students › Section 132S-110-030 - Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 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 Title IX sexual harassment as that term is defined in this
			 procedure.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-110 - Title IX hearing procedure for students › Section 132S-110-040 - Initiation of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the Title IX investigation report the Title IX coordinator or
			 designee will review the report to determine whether there are sufficient
			 grounds to proceed with a live hearing.
(2) If the Title IX coordinator or designee
			 determines that there are sufficient grounds to proceed, the Title IX
			 coordinator or designee will initiate a live hearing by filing a written notice
			 with the chair of the Title IX student hearing panel 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) If the party does not
			 have an advisor, the college will provide a list of available advisors for the
			 party to choose from at no cost to the party.
Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-110 - Title IX hearing procedure for students › Section 132S-110-050 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 receiving the notice of live hearing, the chair of the Title IX student hearing
			 panel will send a hearing notice to all parties. In no event will the hearing
			 date be set less than ten days after the Title IX coordinator or designee
			 provides 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 hearing panel chair with copies to all parties and the
			 Title IX coordinator.
(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.