reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-222 - Unauthorized keys or unauthorized entry

Current through Register Vol. 24-14, July 15, 2024
Unauthorized possession, duplication, or use of a key, keycard
				or other restricted means of access to any college premises, or unauthorized
				entry to or use of college premises.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-224 - Violation of CCS policy, procedure, rule, regulation, or behavioral contract

Current through Register Vol. 24-14, July 15, 2024
Violation of policies, procedures, rules, or regulations of
				CCS, its colleges and departments and/or violation of a behavioral contract
				entered into with CCS, its colleges or departments.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-228 - 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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-230 - Alcohol

Current through Register Vol. 24-14, July 15, 2024
Being under the influence of any alcoholic beverage or
				otherwise using, possessing, manufacturing, selling, distributing any alcoholic
				beverages, or public intoxication (except as expressly permitted by law and
				college rules) are prohibited. Alcoholic beverages may not, in any
				circumstance, be used by, possessed by, sold, or distributed to any person
				under twenty-one years of age.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-231 - Use of tobacco, electronic cigarettes and related products

Current through Register Vol. 24-14, July 15, 2024
Use of tobacco, electronic cigarettes and related products are
				prohibited in all Community Colleges of Spokane facilities and motor pool
				vehicles with no exception.
(1)Smoking
			 and tobacco use are also prohibited:
(a)Within twenty-five feet of entrances,
			 exits, windows that open, and ventilation intakes that serve an enclosed area
			 where smoking and tobacco use are prohibited; and
(b)Where designated on college
			 premises.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-232 - Firearms and dangerous weapons

Current through Register Vol. 24-14, July 15, 2024
No student may carry, possess, or use any firearm, explosive
				(including fireworks), dangerous chemical, or any dangerous weapon on college
				premises. Paintball guns, air guns, and any other items that shoot projectiles
				are not permitted on college premises.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-234 - Disorderly conduct

Current through Register Vol. 24-14, July 15, 2024
Participation in any activity which unreasonably disrupts the
				operations of the college or infringes on the rights of another member of the
				college community, or leads or incites another person to engage in such an
				activity. This includes, but is not limited to, conduct that is disorderly,
				lewd, or indecent, disturbs the peace, or assists or encourages another person
				to disturb the peace.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-236 - Unauthorized use of electronic or other devices

Current through Register Vol. 24-14, July 15, 2024
Making an audio or video record of any person while on college
				premises without his/her prior knowledge or without his/her effective consent,
				when such a recording is likely to cause injury or distress. This includes
				surreptitiously taking pictures of another person in a gym, locker room, or
				restroom.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-238 - Abuse or theft of CCS information technology

Current through Register Vol. 24-14, July 15, 2024
Theft or misuse of computer facilities, equipment and
				information technology resources including:
(1)Unauthorized entry into a file, message,
			 or other item to use, read, or change the contents, or for any other
			 purpose.
(2)Unauthorized
			 duplication, transfer, or distribution of a file, message, or other
			 item.
(3)Unauthorized use of
			 another individual's identification and/or password.
(4)Unauthorized monitoring of another's
			 e-mail communications directly or through spyware.
(5) Sending false messages to third parties
			 using another's e-mail identity.
(6)Use of computing facilities and resources
			 to interfere with the work of another student, faculty member, college
			 official, or others outside of CCS.
(7) Use of computing facilities and resources
			 to send, display, or print an obscene, harassing, or threatening message, text
			 or image.
(8)Use of computing
			 facilities and resources to interfere with normal operation of the college
			 computing system, including disrupting electronic communications with spam or
			 by sending a computer virus.
(9)Use
			 of computing facilities and resources in violation of copyright laws.
(10)Adding to or otherwise altering the
			 infrastructure of the college's electronic information resources without
			 authorization.
(11)Any violation of
			 the CCS acceptable use of information technology resources policy.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-240 - Abuse of the student conduct system

Current through Register Vol. 24-14, July 15, 2024
Abuse of the student conduct system, including:
(1) Failure to obey the notice from a student
			 conduct officer, student conduct board, student conduct administrative panel or
			 college official to appear for a meeting or hearing as part of the student
			 conduct system.
(2) Falsification,
			 distortion, or misrepresentation of information before a chief student services
			 officer, student conduct officer, student conduct board, student conduct
			 administrative panel or college official during an interview, meeting or
			 hearing.
(3)Disruption or
			 interference with the orderly conduct of a proceeding before a chief student
			 services officer, student conduct officer, student conduct board, or student
			 conduct administrative panel proceeding.
(4)Filing a fraudulent complaint or
			 initiating a student conduct proceeding in bad faith.
(5)Attempting to discourage or interfere with
			 an individual's proper participation in, or use of, the student conduct
			 system.
(6)Attempting to destroy or
			 alter potential evidence.
(7)Attempting to intimidate or improperly
			 influence or pressure a witness or a potential witness.
(8)Attempting to influence the impartiality
			 of any hearing officer, including the chief student services officer, the
			 student conduct officer, any member of a student conduct board, any member of a
			 student conduct administrative panel, any appeals board member, and/or any
			 faculty or staff prior to or during the course of the student conduct board
			 proceeding.
(9) Harassment (verbal
			 or physical) or intimidation of any hearing officer, including the chief
			 student services officer, the student conduct officer, any member of a student
			 conduct board, any member of a student conduct administrative panel, any
			 appeals board member, and/or any faculty member or staff prior to, during, or
			 after a student conduct code proceeding.
(10) Failure to comply with the sanction(s)
			 imposed under the standards of conduct for students.
(11)Influencing or attempting to influence
			 another person to commit an abuse of the student conduct code system.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-242 - Discrimination

Current through Register Vol. 24-14, July 15, 2024
Discrimination on the basis of race, creed, color, religion,
				national or ethnic origin, age, sex, marital status, pregnancy, parental status
				or families with children, status as a mother breastfeeding her child, AIDS/HIV
				or hepatitis C, honorably discharged veteran status, sexual orientation, gender
				identity or expression, disability, use of guide dog or service animal by a
				person with a disability, genetic information, or other legally protected
				classifications is prohibited in conformity with federal and state laws.
				Discrimination includes physical, verbal, written conduct (including conduct
				via social and electronic media), or other conduct that is sufficiently severe,
				persistent or pervasive, and objectively offensive as to substantially
				interfere with a reasonable person's ability to study, participate in or
				benefit from CCS's educational programs, educational opportunities, and/or
				employment benefits and opportunities such that the person or group is
				effectively denied equal access/ opportunities based on protected
				status.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-243 - Sexual harassment

Current through Register Vol. 24-14, July 15, 2024
Sexual harassment is conduct which includes, but is not
				limited to, engaging in unwelcome gender-based conduct. It may be between
				members of the opposite sex or between members of the same sex and does not
				necessarily have to be of a sexual nature if it is based on gender. Harassing
				conduct may include, but is not limited to, physical conduct, verbal, written,
				social media, and electronic communications. It includes sexual advances,
				requests for sexual favors, or other conduct of a sexual nature where:
(1)Submission to such conduct is made, either
			 expressly or implicitly a term or condition of an individual's education or
			 employment; or
(2)Submission or
			 rejection of such conduct by an individual is used as the basis for employment
			 or educational decisions affecting any individual; or
(3)Such conduct is sufficiently severe,
			 persistent or pervasive, and objectively offensive as to substantially
			 interfere with, disrupt, limit, undermine or deprive a person the ability to
			 participate in or to receive the benefits, services or opportunities of
			 Community Colleges of Spokane's educational programs and activities and/or
			 employment benefits and opportunities.
In determining whether sexual harassment exists, it is
				immaterial whether the victim resists and suffers the threatened harm or
				submits and thus avoids the threatened harm.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-246 - Harassment

Current through Register Vol. 24-14, July 15, 2024
Conduct by any means that is unwelcome, sufficiently severe,
				pervasive or persistent, and objectively offensive as to substantially
				interfere, undermine or deprive a reasonable person the ability to work, study,
				or participate in the activities of the college. Harassing conduct may include
				physical conduct, verbal, nonverbal, written, social media, and electronic
				communications.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-250 - Reckless endangerment

Current through Register Vol. 24-14, July 15, 2024
Engaging in conduct that creates an unreasonable risk of harm
				to another person or property including operation of any motor vehicle on
				college property in an unsafe manner or in a manner which is reasonably
				perceived as threatening the health or safety of another person or
				property.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-252 - Trespassing

Current through Register Vol. 24-14, July 15, 2024
Any person who has been given written notice, served by a
				college official, excluding him or her from college property is not licensed,
				invited, or otherwise privileged to enter or remain on college property, unless
				given explicit written permission by a college official.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-310 - Disposition of misconduct complaints by the student conduct officer

Current through Register Vol. 24-14, July 15, 2024
If a student conduct officer determines a complaint of general
				misconduct may have merit, the student conduct officer will schedule an initial
				meeting with the student to discuss the content of the complaint, the range of
				potential sanctions, and the applicable CCS code of conduct hearing
				procedures.
(1) If the student fails
			 to appear for the meeting and the range of sanctions for the alleged general
			 misconduct do not include a suspension in excess of ten instructional days or a
			 dismissal, the matter will be heard as a brief adjudicative proceeding and the
			 student conduct officer may:
(a) Retain the
			 matter for a brief adjudicative proceeding, determination of findings,
			 conclusions, and sanctions; or
(b)
			 Send the matter to the student conduct board for a brief adjudicative
			 proceeding in accordance with the provisions of this code, the Administrative
			 Procedure Act (chapter 34.05 RCW), and the model rules of procedure (chapter
			 10-08 WAC) including a determination of findings, conclusions, and
			 sanctions.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-315 - Notice to the accused student of complaint

Current through Register Vol. 24-14, July 15, 2024
(1) All general misconduct and sexual
			 misconduct complaints deemed by the chief student service officer/Title IX
			 coordinator or student conduct officer to have merit are presented by the
			 student conduct officer to the accused student in written form, in person, by
			 regular mail or electronic mail. Notice by mail is sent to the student's last
			 known local address. If the student no longer is enrolled at the time notice is
			 sent, the notice is sent to the student's permanent address. The student is
			 responsible for providing and keeping the college updated of his/her current
			 email and mailing addresses.
(2)
			 The written notice shall include:
(a) The
			 official name and reference number of the proceeding and notice that the
			 hearing is to be held pursuant to these standards of conduct for students under
			 the jurisdiction provided by WAC
			 132Q-10-120.
(b) The factual details of the complaint, the
			 policy, procedure, rule or standard of conduct allegedly violated.
(c) The approximate time and place of the
			 alleged act.
(d) The range of
			 possible sanctions for the alleged act.
(e) The date, time, and place of the
			 proceeding. A time for the disciplinary proceeding is set seven to fourteen
			 calendar days after the student has been notified unless waived by all parties.
			 If the chair of the student conduct board, the chair of the student
			 administrative panel or the accused student wish to alter the notice
			 requirements, he/she must submit a written request to the student conduct
			 officer. Time limits for notice may be shortened by the student conduct officer
			 if the parties to the proceeding agree and also may be continued to a later
			 time for good cause.
(f)
			 Notification as to whether the student conduct officer, the student conduct
			 board or the student administrative panel was assigned the case and the names,
			 mailing address, and phone number of the designated presiding
			 officer(s).
(g) Notification as to
			 the mailing address and phone number of the office intended to represent the
			 college in the proceeding.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-320 - Interim suspension and other restrictions

Current through Register Vol. 24-14, July 15, 2024
(1) In certain circumstances, the chief
			 student services officer/Title IX coordinator, or his/her designee may impose
			 an interim suspension from college or other restrictions prior to the
			 proceedings being conducted pursuant to WAC
			 132Q-10-310 or being conducted
			 pursuant to WAC
			 132Q-10-502. Interim suspension
			 or other restrictions may be imposed only if there is reasonable cause to
			 believe that the accused student:
(a) Has
			 violated a provision of the standards of conduct for students;
(b) In situations involving an immediate
			 danger to the health, safety, or welfare of members of CCS or the public at
			 large;
(c) To ensure the student's
			 own physical safety and well-being; or
(d) If the student poses an ongoing threat of
			 disruption to, or interference with, the operations of the college.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-325 - Student conduct board proceedings

Current through Register Vol. 24-14, July 15, 2024
In cases in which the student conduct officer determines to
				refer a matter directly to the student conduct board for a hearing, the
				following procedures apply:
(1) The
			 student conduct officer shall serve all parties, and student conduct board
			 members with written notice of the hearing seven to ten calendar days prior to
			 the hearing date, time and location, as further specified in RCW 34.05.-434 and
			 WAC 10-08-040 and
			 10-08-045. The student conduct
			 officer may shorten this notice period if all parties agree, and also may
			 continue the hearing to a later time for good cause.
(2) The student conduct officer is authorized
			 to conduct prehearing conferences and/or to make prehearing decisions
			 concerning the extent and forms of any discovery, issuance of protective
			 orders, and similar procedural matters.
(3) The student conduct officer shall provide
			 assistance to parties, upon request, in obtaining relevant and admissible
			 evidence that is within the college's control.
(4) The student conduct officer may provide
			 to the board members in advance of the hearing copies of:
(a) The student conduct officer's notice of
			 complaint and referral; and
(b)
			 any documents provided in response by the accused student. If doing so,
			 however, the student conduct officer should remind the committee members that
			 these documents are not evidence of any facts they may allege.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-330 - Student conduct board decision and notification

Current through Register Vol. 24-14, July 15, 2024
Procedures for student conduct board proceedings:
(1) At the conclusion of the hearings on
			 conduct matters, including closing arguments and deliberations, the student
			 conduct board determines by majority vote whether the accused student has
			 violated the standards of conduct for students. If so, the board determines and
			 imposes the appropriate sanctions from WAC
			 132Q-10-400.
(2) The burden of proof that guides the
			 board's decision is the preponderance of evidence, whether it is more likely
			 than not that the accused student violated the standards of conduct for
			 students.
(3) The student conduct
			 officer notifies the parties, in writing, in person, by mail or electronic mail
			 of the board's decision. Written notice is sent within ten calendar days from
			 the hearing date. If the college is not in session, this period may be
			 reasonably extended. The student conduct board includes in the written notice
			 of the decision the findings and conclusions on all material issues of law,
			 including which, if any, provisions of the standards of conduct for students
			 were violated. Any findings based substantially on the credibility of evidence
			 or the demeanor of witnesses shall be so identified, the disciplinary
			 sanctions, and information about the appeal process. The board's initial order
			 shall also include a determination on appropriate discipline, if any. The
			 student conduct officer may notify the student prior to receipt of the formal
			 written notice. The notice, if sent by mail, is sent to the student's last
			 known address.
(4) The written
			 decision is the college's initial order. Appeals are governed by WAC
			 132Q-10-335.
(5) If the student does not appeal the
			 board's decision within twenty calendar days from the date of the decision, it
			 becomes the college's final order after twenty-one calendar days.
(6) The committee chair shall promptly
			 transmit a copy of the order and the record of the board's proceedings to the
			 appeals board.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-332 - Student conduct administrative panel proceedings

Current through Register Vol. 24-14, July 15, 2024
The student conduct administrative panel will conduct full
				adjudicative proceeding in accordance with the provisions of this standards of
				conduct for students code, the Administrative Procedure Act (chapter 34.05
				RCW), and the model rules of procedure (chapter 10-08 WAC) including a hearing,
				determination of findings, conclusions, and sanctions. To the extent there is a
				conflict between the standards of conduct for students and the model rules,
				this standards of conduct for students code shall prevail. The following
				procedures apply:
(1) The student
			 conduct officer shall serve all parties, and student conduct administrative
			 panel members with written notice of the hearing not less than seven calendar
			 days or more than ten calendar days prior to the hearing date, time and
			 location, as further specified in
			 RCW
			   34.05.434 and WAC
			 10-08-040 and
			 10-08-045. The student conduct
			 officer may shorten this notice period if all parties agree, and also may
			 continue the hearing to a later time for good cause.
(2) The student conduct administrative panel
			 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.
(3) Upon written request filed at least five
			 calendar days before the hearing by any party or at the direction of the
			 committee chair, the parties shall exchange, no later than the third calendar
			 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.
(4) The student conduct officer may provide
			 to the panel members in advance of the hearing copies of:
(a) The student conduct officers' notice of
			 complaint and referral; and
(b)
			 documents provided by the accused student in response to the complaint. If
			 doing so, however, the chair should remind the panel members that these
			 documents are not evidence of any facts they may allege.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-333 - Student conduct administrative panel decision and notification

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion
			 of the hearings on conduct matters, including closing arguments, and
			 deliberations, the student conduct administrative panel determines by majority
			 vote whether the accused student has violated the standards of conduct for
			 students. If so, the board determines and imposes the appropriate sanctions
			 from WAC
			 132Q-10-400.
(2)The burden of proof that guides the
			 panel's decision is the preponderance of evidence, whether it is more likely
			 than not that the accused student violated the standards of conduct for
			 students.
(3)The student conduct
			 officer notifies the parties, and advisors who have appeared, in writing, in
			 person, by mail or electronic mail of the panel's decision. Written notice is
			 sent within ten calendar days from the hearing date. If the college is not in
			 session, this period may be reasonably extended. The board includes in the
			 written notice of the decision the findings and conclusions on all material
			 issues of law, including which, if any, provision 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, the disciplinary
			 sanctions, and information about the appeal process. The board's initial order
			 shall also include a determination on appropriate discipline, if any. The
			 student conduct officer may notify the student prior to receipt of the formal
			 written notice. The notice, if sent by mail, is sent to the student's last
			 known address.
(4) The written
			 decision is the college's initial order. Appeals are governed by WAC
			 132Q-10-335.
(5) If the student does not appeal the
			 board's decision within twenty calendar days from the date of the decision, it
			 becomes the college's final order after twenty-one calendar days.
(6)The committee chair shall promptly
			 transmit a copy of the order and the record of the panel's proceedings to the
			 appeals board.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-500 - Classroom misconduct and authority to suspend for up to three days

Current through Register Vol. 24-14, July 15, 2024
(1) Faculty members
			 have the authority to take appropriate action to maintain order and proper
			 conduct in the classroom and to maintain the effective cooperation of students
			 in fulfilling the objectives of the course.
(2)Bringing any person, thing or object to a
			 teaching and learning environment that may disrupt the environment or cause a
			 safety or health hazard, without the express approval of the faculty member is
			 expressly prohibited.
(3)Faculty
			 members or college administrators have the right to suspend any student from
			 any single class or program, up to three instructional days, if the student's
			 misconduct creates disruption to the point that it is difficult or impossible
			 to maintain the decorum of the class, program or the learning and teaching
			 environment. The faculty member or college administrator shall report this
			 suspension to the student conduct officer who may set conditions for the
			 student upon return to the class or program.
(4)The student may appeal the classroom
			 suspension to the chief student services officer who may authorize an earlier
			 return by the student only after consultation with the faculty member or
			 appropriate administrator. The chief student services officer's decision is
			 final.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-501 - Additional procedural requirements for sexually violent conduct matters

Current through Register Vol. 24-14, July 15, 2024
In the event the alleged misconduct involves claims of
				sexually violent conduct, additional procedures are required by federal law.
				Both the accused student 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
				interim suspension process and disciplinary proceeding process and to appeal
				the chief student services officer's or student conduct administrative panel's
				disciplinary order.
Application of the supplemental procedures for allegations of
				sexually violent conduct is limited to student conduct code proceedings
				involving allegations of sexually violent conduct. In such cases, these
				procedures shall supplement the student disciplinary procedures in WAC
				132Q-10-305 through
				132Q-10-318 and
				132Q-10-325 through
				132Q-10-500. In the event of
				conflict between the supplemental sexually violent conduct procedures, interim
				suspension and other restrictions procedures and the student disciplinary
				procedures, the sexually violent conduct procedures shall
				prevail.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-502 - Supplemental procedures for allegations of sexually violent conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Reports of alleged
			 sexually violent conduct by a student submitted pursuant to WAC
			 132Q-10-305(2) shall be referred to the Title IX coordinator for an initial assessment. If an
			 investigation is deemed warranted it shall be completed in a timely manner as
			 defined by administrative procedure 3.30.01.
(a) If after a review, the Title IX
			 coordinator determines that the facts as alleged would not constitute a
			 violation of Title IX, the Title IX coordinator may close the file.
(b) If after an initial review, the Title IX
			 coordinator determines that the facts as alleged may constitute a violation of
			 Title IX, the coordinator or his or her designee will order an
			 investigation.
(c) If after an
			 initial review, the Title IX coordinator determines that the facts as alleged
			 would not constitute a violation of Title IX, but may constitute a violation of
			 other provisions of the standards of conduct for students, the coordinator may
			 refer the matter to the student conduct officer to review and
			 process.
(d) If the Title IX
			 coordinator determines an investigation is not warranted on a sexually violent
			 conduct report, the student conduct officer will make reasonable efforts to
			 meet with the complainant and accused student individually to discuss the
			 outcome.
(e) If an investigation is
			 conducted based on a sexually violent conduct report, the Title IX coordinator
			 will make a reasonable effort to meet with the complainant and accused student
			 separately to discuss the results of the investigation and possible protective
			 restrictions or conditions that may be imposed on the accused student. Please
			 refer to WAC
			 132Q-10-503 for the appeal
			 rights of both parties.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-503 - Supplemental appeal rights for alleged sexually violent conduct

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 actions by the chief student services officer/Title IX coordinator and the
			 student conduct administrative panel may be appealed by the complainant:
(a) The dismissal of a sexually violent
			 misconduct complaint; or
(b) The
			 disciplinary sanction(s) and conditions imposed against an accused student for
			 a sexually violent misconduct violation.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-600 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				by the United States Department of Education. See  34 C.F.R. Part 106  . To the
				extent these supplemental hearing procedures conflict with the Community
				Colleges of Spokane's standard disciplinary procedures, WAC
				132Q-10-101
				through
				132Q-10-503,
				these supplemental procedures shall take precedence. The college may, at its
				discretion, contract with an administrative law judge or other person to act as
				presiding officer and assign such presiding officer to exercise any or all of
				the duties in lieu of the student conduct committee and committee
				chair.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-601 - 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 Community
				Colleges of Spokane 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 Community
			 Colleges of Spokane employee conditioning the provision of an aid, benefit, or
			 service of the Community Colleges of Spokane 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 Community Colleges of Spokane'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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-602 - 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 Community Colleges of
			 Spokane 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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-603 - 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 or
			 designee, the student conduct officer will independently review the report to
			 determine whether there are sufficient grounds to pursue a disciplinary action
			 against the respondent for engaging in prohibited conduct under Title
			 IX.
(2) If the student conduct
			 officer determines that there are sufficient grounds to proceed under these
			 supplemental procedures, the student conduct officer will initiate a Title IX
			 disciplinary proceeding by filing a written disciplinary notice with the chair
			 of the student conduct administrative 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) The Community Colleges of
			 Spokane 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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-604 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
			 the disciplinary notice, the chair of the student conduct administrative panel
			 will send a hearing notice to all parties, in compliance with WAC
			 132Q-10-315.
			 In no event will the hearing date be set less than ten days after the Title IX
			 coordinator or designee 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 Community Colleges of
			 Spokane intends to offer the evidence at the hearing.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-605 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The Community
			 Colleges of Spokane's student conduct procedures, WAC
			 132Q-10-101
			 through
			 132Q-10-503,
			 and this supplemental procedure shall apply equally to all parties.
(2) The Community Colleges of Spokane 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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-606 - 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 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-607 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
			 complying with WAC
			 132Q-10-330,
			 the student conduct administrative panel will be responsible for conferring and
			 drafting an initial order that:
(a)
			 Identifies the allegations of sexual harassment;
(b) Describes the grievance and disciplinary
			 procedures, starting with filing of the formal complaint through the
			 determination of responsibility, including notices to parties, interviews with
			 witnesses and parties, site visits, methods used to gather evidence, and
			 hearings held;
(c) Makes findings
			 of fact supporting the determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the student conduct administrative panel's determination of responsibility
			 for each allegation;
(f) Describes
			 any disciplinary sanction or conditions imposed against the respondent, if
			 any;
(g) Describes to what extent,
			 if any, complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to the Community Colleges of Spokane's education
			 programs or activities; and
(h)
			 Describes the process for appealing initial orders from Spokane Community
			 College to Spokane Falls Community College's vice president of student affairs
			 or initial orders from Spokane Falls Community College to the vice president of
			 student services.
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-10 - Standards of conduct for students › Section 132Q-10-608 - 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 shall 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 appropriate vice
			 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) For appeals coming from Spokane Community
			 College, the vice president of student affairs at Spokane Falls Community
			 College will process the appeal. For appeals coming from Spokane Falls
			 Community College, the vice president of student services at Spokane Community
			 College will process the appeal.
(3) Upon receiving a timely appeal, the
			 appropriately identified vice 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 appropriate vice 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
			 appropriate vice president shall serve copies of the responses to the other
			 parties.
(4) 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 appropriate vice president's
			 office.
(5) The appropriate vice
			 president or their delegate, based on their review of parties' submission 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 for the new disciplinary sanctions and conditions.
(6) The appropriate vice president of student
			 affairs/services shall serve the final decision on the parties
			 simultaneously.
(7) 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.