reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for purpose of this
				student conduct code:
(1) "Student
			 conduct officer" is a college administrator designated by the president or vice
			 president for student services to be responsible for implementing and enforcing
			 the student conduct code. The president or vice president for student services
			 is authorized to reassign any and all of the student conduct officer's duties
			 or responsibilities as set forth in this chapter as may be reasonably
			 necessary.
(2) "Conduct review
			 officer" is the vice president for student services or other college
			 administrator designated by the president to be responsible for receiving and
			 for reviewing or referring appeals of student disciplinary actions in
			 accordance with the procedures of this code. The president is authorized to
			 reassign any and all of the conduct review officer's duties or responsibilities
			 as set forth in this chapter as may be reasonably necessary.
(3) "The president" is the president of the
			 college. The president is authorized to delegate any of their responsibilities
			 as set forth in this chapter as may be reasonably necessary, and reassign any
			 and all duties or responsibilities as set forth in this chapter as may be
			 reasonably necessary.
(4)
			 "Disciplinary action" is the process by which the student conduct officer
			 imposes discipline against a student for a violation of the student conduct
			 code.
(5) "Disciplinary appeal" is
			 the process by which an aggrieved student can appeal the discipline imposed by
			 the student conduct officer. Disciplinary appeals from a suspension in excess
			 of ten instructional days or an expulsion are heard by the student conduct
			 appeals board. Appeals of all other appealable disciplinary action shall be
			 reviewed through brief adjudicative proceedings.
(6) "Respondent" is the student against whom
			 disciplinary action is initiated.
(7) "Service" is the process by which a
			 document is officially delivered to a party. Unless otherwise provided, service
			 upon a party shall be accomplished by:
(a)
			 Hand delivery of the document to the party; or
(b) By sending the document via first class
			 mail to the party's last known address; or
(c) By sending the document by email via
			 Skagit Valley College's online student conduct software. It is the
			 responsibility of each student to regularly check their official Skagit Valley
			 College email address.
Service is deemed complete upon hand delivery of the document
				or upon the date the document is emailed and deposited in the mail.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-040 - Statement of student rights

Current through Register Vol. 24-14, July 15, 2024
(1) As members of the academic community,
			 students are encouraged to develop the capacity for critical judgment and to
			 engage in an independent search for truth. Freedom to teach and freedom to
			 learn are inseparable facets of academic freedom. The freedom to learn depends
			 upon appropriate opportunities and conditions in the classroom, on the campus,
			 and in the larger community. Students should exercise their freedom with
			 responsibility. The responsibility to secure and to respect general conditions
			 conducive to the freedom to learn is shared by all members of the college
			 community.
(2) The following
			 enumerated rights are guaranteed to each student within the limitations of
			 statutory law and college policy which are deemed necessary to achieve the
			 educational goals of the college:
(a)
			 Academic freedom.
(i) Students are guaranteed
			 the rights of free inquiry, expression, and assembly upon and within college
			 facilities that are generally open and available to the public.
(ii) Students are free to pursue appropriate
			 educational objectives from among the college's curricula, programs, and
			 services, subject to the limitations of
			 RCW
			   28B.50.090(3)(b).
(iii) Students shall be protected from
			 academic evaluation which is arbitrary, prejudiced, or capricious, but are
			 responsible for meeting the standards of academic performance established by
			 each of their instructors.
(iv)
			 Students have the right to a learning environment which is free from unlawful
			 discrimination, inappropriate and disrespectful conduct, and any and all
			 harassment, including sexual harassment.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-050 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a student
				who commits, attempts to commit, aids, abets, incites, encourages or assists
				another person to commit, an act(s) of misconduct which include, but are not
				limited to, the following:
(1)
Academic dishonesty.
Any act of academic dishonesty including, but
			 not limited to, cheating, plagiarism, and fabrication.
(a) Cheating includes any attempt to give or
			 obtain unauthorized assistance relating to the completion of an academic
			 assignment.
(b) Plagiarism includes
			 taking and using as one's own, without proper attribution, the ideas, writings,
			 or work of another person in completing an academic assignment. Prohibited
			 conduct may also include the unauthorized submission for credit of academic
			 work that has been submitted for credit in another course.
(c) Fabrication includes falsifying data,
			 information, or citations in completing an academic assignment and also
			 includes providing false or deceptive information to an instructor concerning
			 the completion of an assignment.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-090 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) All disciplinary actions will be
			 initiated by the student conduct officer. If that officer is the subject of a
			 complaint initiated by the respondent, the president shall, upon request and
			 when feasible, designate another person to fulfill any such disciplinary
			 responsibilities relative to the complainant.
(2) The student conduct officer shall
			 initiate disciplinary action by serving the respondent with written notice
			 directing him or her to attend a disciplinary meeting. The notice shall briefly
			 describe the factual allegations, the provision(s) of the conduct code the
			 respondent is alleged to have violated, the range of possible sanctions for the
			 alleged violation(s), and specify the time and location of the meeting. At the
			 meeting, the student conduct officer will present the allegations to the
			 respondent and the respondent shall be afforded an opportunity to explain what
			 took place. If the respondent fails to attend the meeting after proper service
			 of notice, the student conduct officer may take disciplinary action based upon
			 the available information.
(3) The
			 student conduct officer, prior to taking disciplinary action in a case
			 involving allegations of sexual misconduct, will make a reasonable effort to
			 contact the complainant to discuss the results of the investigation and
			 possible disciplinary sanctions and/or conditions, if any, that may be imposed
			 upon the respondent if the allegations of sexual misconduct are found to have
			 merit.
(4) Within ten business days
			 of the initial disciplinary meeting, and after considering the evidence in the
			 case, including any facts or argument presented by the respondent, the student
			 conduct officer shall serve the respondent with a written decision setting
			 forth the facts and conclusions supporting his or her decision, the specific
			 student conduct code provisions found to have been violated, the discipline
			 imposed, if any, and a notice of any appeal rights with an explanation of the
			 consequences of failing to file a timely appeal.
(5) The student conduct officer may take any
			 of the following disciplinary actions:
(a)
			 Exonerate the respondent and terminate the proceedings.
(b) Impose a disciplinary sanction(s), as
			 described in WAC
			 132D-150-070.
(c) Refer the matter directly to the student
			 conduct committee for such disciplinary action as the committee deems
			 appropriate. Such referral shall be in writing, to the attention of the chair
			 of the student conduct committee, with a copy served on the
			 respondent.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-110 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) The respondent may appeal a disciplinary
			 action by filing a written notice of appeal with the conduct review officer
			 within ten business days of service of the student conduct officer's decision.
			 Failure to timely file a notice of appeal constitutes a waiver of the right to
			 appeal and the student conduct officer's decision shall be deemed
			 final.
(2) The notice of appeal
			 must include a brief statement explaining why the respondent is seeking
			 review.
(3) The parties to an
			 appeal shall be the respondent and the conduct review officer.
(4) A respondent, who timely appeals a
			 disciplinary action or whose case is referred to the student conduct committee,
			 has a right to a prompt, fair, and impartial hearing as provided for in these
			 procedures.
(5) On appeal, the
			 college bears the burden of establishing the evidentiary facts underlying the
			 imposition of a disciplinary sanction by a preponderance of the
			 evidence.
(6) Imposition of
			 disciplinary action for violation of the student conduct code shall be stayed
			 pending appeal, unless respondent has been summarily suspended.
(7) The student conduct committee shall hear
			 appeals from:
(a) The imposition of
			 disciplinary suspensions in excess of ten instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the
			 committee by the student conduct officer, the conduct review officer, or the
			 president.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-130 - Brief adjudicative proceedings authorized

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				  34.05.482 through
				34.05.494. Brief adjudicative
				proceedings shall be used, unless provided otherwise by another rule or
				determined otherwise in a particular case by the president, or a designee, in
				regard to:
(1) Parking
			 violations.
(2) Outstanding debts
			 owed by students or employees.
(3)
			 Use of college facilities.
(4)
			 Residency determinations.
(5) Use
			 of library - Fines.
(6) Challenges
			 to contents of education records.
(7) Loss of eligibility for participation in
			 institution sponsored athletic events.
(8) Student conduct appeals involving the
			 following disciplinary actions:
(a)
			 Suspensions of ten instructional days or less;
(b) Disciplinary probation;
(c) Written reprimands;
(d) Any conditions or terms imposed in
			 conjunction with one of the foregoing disciplinary actions; and
(e) Appeals by a complainant in student
			 disciplinary proceedings involving allegations of sexual misconduct in which
			 the student conduct officer:
(i) Dismisses
			 disciplinary proceedings based upon a finding that the allegations of sexual
			 misconduct have no merit; or
(ii)
			 Issues a verbal warning to respondent.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-150 - Brief adjudicative proceed-ings-Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a conduct review officer. The conduct review officer shall not
			 participate in any case in which he or she is a complainant or witness, or in
			 which they have direct or personal interest, prejudice, or bias, or in which
			 they have acted previously in an advisory capacity.
(2) The parties to a brief adjudicative
			 proceeding are the respondent, the student conduct officer, and in cases
			 involving sexual misconduct, the complainant. Before taking action, the conduct
			 review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
			 agency's view of the matter; and
(b) An opportunity to explain the party's
			 view of the matter.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-170 - Brief adjudicative proceed-ings-Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the president, provided the respondent files a
			 written request for review with the conduct review officer within twenty-one
			 days of service of the initial decision.
(2) The president shall not participate in
			 any case in which he or she is a complainant or witness, or in which they have
			 direct or personal interest, prejudice, or bias, or in which they have acted
			 previously in an advisory capacity.
(3) During the review, the president shall
			 give each party an opportunity to file written responses explaining their view
			 of the matter and shall make any inquiries necessary to ascertain whether the
			 sanctions should be modified or whether the proceedings should be referred to
			 the student conduct committee for a formal adjudicative hearing.
(4) The decision on review must be in writing
			 and must include a brief statement of the reasons for the decision and must be
			 served on the parties within twenty days of the initial decision or of the
			 request for review, whichever is later. The decision on review will contain a
			 notice that judicial review may be available. A request for review may be
			 deemed to have been denied if the president does not make a disposition of the
			 matter within twenty days after the request is submitted.
(5) If the president upon review determines
			 that the respondent's conduct may warrant imposition of a disciplinary
			 suspension of more than ten instructional days or expulsion, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
(6) In cases involving
			 allegations of sexual misconduct, the president on the same date as the final
			 decision is served on the respondent, will serve a written notice upon the
			 complainant informing the complainant whether the allegations of sexual
			 misconduct were found to have merit and describing any disciplinary sanctions
			 and/or conditions imposed upon the respondent for the complainant's protection,
			 including suspension or dismissal of the respondent. The notice will also
			 inform the complainant of their appeal rights.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-190 - Brief adjudicative proceedings-Agency record

Current through Register Vol. 24-14, July 15, 2024
The agency record for brief adjudicative proceedings shall
				consist of any documents regarding the matter that were considered or prepared
				by the presiding officer for the brief adjudicative proceeding or by the
				reviewing officer for any review. These records shall be maintained as the
				official record of the proceedings.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-210 - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct committee shall
			 consist of five members:
(a) Two full-time
			 students appointed by the student government;
(b) Two faculty members appointed by the
			 president;
(c) One faculty member
			 or administrator, other than an administrator serving as a student conduct or
			 conduct review officer, appointed by the president at the beginning of the
			 academic year.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-230 - Appeal-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Proceedings of the student conduct committee shall be governed by the
			 Administrative Procedure Act, chapter 34.05 RCW, and by the model rules of
			 procedure, chapter 10-08 WAC. To the extent there is a conflict between these
			 rules and chapter 10-08 WAC, these rules shall control.
(2) The student conduct committee chair shall
			 serve all parties with written notice of the hearing no less than seven days in
			 advance of the hearing date. The chair may shorten this notice period if both
			 parties agree, and also may continue the hearing to a later time for good cause
			 shown.
(3) The committee chair is
			 authorized to conduct prehearing conferences and/or to make prehearing
			 decisions concerning the extent and form of any discovery, issuance of
			 protective decisions, and similar procedural matters.
(4) Upon request filed at least five days
			 before the hearing by any party or at the direction of the committee chair, the
			 parties shall exchange, no later than the third day prior to the hearing, lists
			 of potential witnesses and copies of potential exhibits that they reasonably
			 expect to present to the committee. Failure to participate in good faith in
			 such a requested exchange may be cause for exclusion from the hearing of any
			 witness or exhibit not disclosed, absent a showing of good cause for such
			 failure.
(5) The committee chair
			 may provide to the committee members in advance of the hearing copies of:
(a) The conduct officer's notification of
			 imposition of discipline, or referral to the committee; and
(b) The notice of appeal, or any response to
			 referral, by the respondent. If doing so, however, the chair should remind the
			 members that these "pleadings" are not evidence of any facts they may
			 allege.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-250 - Student conduct committee hearings-Presentations of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
			 failure of any party to attend or participate in a hearing, the student conduct
			 committee may either:
(a) Proceed with the
			 hearing and issuance of its decision; or
(b) Serve a decision of default in accordance
			 with
			 RCW
			   34.05.440.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-270 - Student conduct committee- Initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion of the hearing, the
			 student conduct committee shall permit the parties to make closing arguments in
			 whatever form it wishes to receive them. The committee also may permit each
			 party to propose findings, conclusions, and/or a proposed decision for its
			 consideration.
(2) Within twenty
			 days following the later of the conclusion of the hearing or the committee's
			 receipt of closing arguments, the committee shall issue an initial decision in
			 accordance with
			 RCW
			   34.05.461 and WAC
			 10-08-210.
			 The initial decision shall include findings on all material issues of fact and
			 conclusions on all material issues of law, including which, if any, provisions
			 of the student conduct code were violated. Any findings based substantially on
			 the credibility of evidence or the demeanor of witnesses shall be so
			 identified.
(3) The committee's
			 initial order shall also include a determination on appropriate discipline, if
			 any. If the matter was referred to the committee by the student conduct
			 officer, the committee shall identify and impose disciplinary sanc-tion(s) or
			 conditions, if any, as authorized in the student code. If the matter is an
			 appeal by the respondent, the committee may affirm, reverse, or modify the
			 disciplinary sanction and/or conditions imposed by the student conduct officer
			 and/or impose additional disciplinary sanction(s) or conditions as authorized
			 herein.
(4) The committee chair
			 shall cause copies of the initial decision to be served on the parties and
			 their legal counsel of record. The committee chair shall also promptly transmit
			 a copy of the decision and the record of the committee's proceedings to the
			 president.
(5) In cases involving
			 allegations of sexual misconduct, the chair of the student conduct committee,
			 on the same date as the initial decision is served on the respondent, will
			 serve a written notice upon the complainant informing the complainant whether
			 the allegations of sexual misconduct were found to have merit and describing
			 any disciplinary sanctions and/or conditions imposed upon the respondent for
			 the complainant's protection, including suspension or dismissal of the
			 respondent. Complainant may appeal the student conduct committee's initial
			 decision to the president subject to the same procedures and deadlines
			 applicable to other parties. The notice will also inform the complainant of
			 their appeal rights.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-290 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is aggrieved by the findings
			 or conclusions issued by the student conduct committee may appeal the
			 committee's initial decision to the president by filing a notice of appeal with
			 the president's office within ten days of service of the committee's initial
			 decision. Failure to file a timely appeal constitutes a waiver of the right and
			 the initial decision shall be deemed final.
(2) The notice of appeal must identify the
			 specific findings of fact and/or conclusions of law in the initial decision
			 that are challenged and must contain argument why the appeal should be granted.
			 If necessary to aid review, the president may ask for additional briefing from
			 the parties on issues raised on appeal. The president's review shall be
			 restricted to the hearing record made before the student conduct committee and
			 will normally be limited to a review of those issues and arguments raised in
			 the notice of appeal.
(3) The
			 president shall provide a written decision to all parties within twenty days
			 after receipt of the notice of appeal. The president's decision shall be final
			 and shall include a notice of any rights to request reconsideration and/or
			 judicial review.
(4) In cases
			 involving allegations of sexual misconduct, the conduct review officer, on the
			 same date as the initial decision is served on the respondent, will serve a
			 written notice upon the complainant informing the complainant whether the
			 allegations of sexual misconduct were found to have merit and describing any
			 disciplinary sanctions and/or conditions imposed upon the respondent for the
			 complainant's protection. The notice will also inform the complainant of their
			 appeal rights.
(5) The president
			 shall not engage in an ex parte communication with any of the parties regarding
			 an appeal.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-310 - Summary suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Summary suspension is a temporary exclusion from specified college premises or
			 denial of access to all activities or privileges for which a respondent might
			 otherwise be eligible, while an investigation and/or formal disciplinary
			 procedures are pending.
(2) The
			 student conduct officer may impose a summary suspension if there is probable
			 cause to believe that the respondent:
(a) Has
			 violated any provision of the code of conduct; and
(b) Presents an immediate danger to the
			 health, safety, or welfare of members of the college community; or
(c) Poses an ongoing threat of substantial
			 disruption of, or interference with, the operations of the college.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-330 - Classroom misconduct and authority to suspend for no more than one day

Current through Register Vol. 24-14, July 15, 2024
(1) Faculty members
			 have the authority to take appropriate action to maintain order and proper
			 conduct in the classroom and to maintain the effective cooperation of students
			 in fulfilling the objectives of the course.
(2) Bringing any person, thing, or object to
			 a teaching and learning environment that may disrupt the environment or cause a
			 safety or health hazard, without the express approval of the faculty member is
			 expressly prohibited.
(3) Faculty
			 members or college administrators have the right to suspend any student from
			 any single class or related activity for no more than one instructional day per
			 incident, if the student's misconduct creates disruption to the point that it
			 is difficult or impossible to maintain the decorum of the class, related
			 activity, or the learning and teaching environment. The faculty member or
			 college administrator shall report this suspension to the student conduct
			 officer or designee on the same day of the suspension. In consultation with the
			 faculty member, the student conduct officer may set conditions for the student
			 upon return to the class or activity.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-350 - Supplemental sexual misconduct procedures

Current through Register Vol. 24-14, July 15, 2024
Both the respondent and the complainant in cases involving
				allegations of sexual misconduct shall be provided the same procedural rights
				to participate in student discipline matters, including the right to
				participate in the initial disciplinary decision-making process and to appeal
				any disciplinary decision.
Application of the following procedures is limited to student
				conduct code proceedings involving allegations of sexual misconduct by a
				student. In such cases, these procedures shall supplement the student
				disciplinary procedures in WAC 132D-150-005 through 132D-150-080. In the event
				of conflict between the sexual misconduct procedures and the student
				disciplinary procedures, the sexual misconduct procedures shall
				prevail.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-370 - Supplemental definitions

Current through Register Vol. 24-14, July 15, 2024
The following supplemental definitions shall apply for
				purposes of student conduct code proceedings involving allegations of sexual
				misconduct by a student:
(1) A
			 "complainant" is an alleged victim of sexual misconduct, as defined in
			 subsection (2) of this section.
(2)
			 "Sexual misconduct" has the meaning ascribed to this term in WAC
			 132D-150-025.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-390 - Supplemental complaint process

Current through Register Vol. 24-14, July 15, 2024
The following supplemental procedures shall apply with respect
				to complaints or other reports of alleged sexual misconduct by a
				student.
(1) The college's Title IX
			 coordinator or designee shall investigate complaints or other reports of
			 alleged sexual misconduct by a student. Investigations will be completed in a
			 timely manner and the results of the investigation shall be referred to the
			 student conduct officer for disciplinary action.
(2) Informal dispute resolution shall not be
			 used to resolve sexual misconduct complaints without written permission from
			 both the complainant and the respondent. If the parties elect to mediate a
			 dispute, either party shall be free to discontinue mediation at any time. In no
			 event shall mediation be used to resolve complaints involving allegations of
			 sexual violence.
(3) College
			 personnel will honor requests to keep sexual misconduct complaints confidential
			 to the extent this can be done without unreasonably risking the health, safety
			 and welfare of the complainant or other members of the college community or
			 compromising the college's duty to investigate and process sexual harassment
			 and sexual violence complaints.
(4)
			 The student conduct officer, prior to initiating disciplinary action, will make
			 a reasonable effort to contact the complainant to discuss the results of the
			 investigation and possible disciplinary sanctions and/or conditions, if any,
			 that may be imposed upon the respondent if the allegations of sexual misconduct
			 are found to have merit.
(5) The
			 student conduct officer, on the same date that a disciplinary decision is
			 served on the respondent, will serve a written notice informing the complainant
			 whether the allegations of sexual misconduct were found to have merit and
			 describing any disciplinary sanctions and/or conditions imposed upon the
			 respondent for the complainant's protection, including disciplinary suspension
			 or dismissal of the respondent. The notice will also inform the complainant of
			 his or her appeal rights. If protective sanctions and/or conditions are
			 imposed, the student conduct officer shall make a reasonable effort to contact
			 the complainant to ensure prompt notice of the protective disciplinary
			 sanctions and/or conditions.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-410 - Supplemental appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The following actions by the student conduct officer may be appealed by the
			 complainant:
(a) The dismissal of a sexual
			 misconduct complaint; or
(b) Any
			 disciplinary sanction(s) and conditions imposed against a respondent for a
			 sexual misconduct violation, including a disciplinary warning.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-500 - 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 Skagit Valley
				College's standard disciplinary procedures, WAC
				132D-150-010 through
				132D-150-410,
				these supplemental procedures shall take precedence. Skagit Valley College may,
				at its discretion, contract with an administrative law judge or other person to
				act as a 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.
				If any provision of this code is invalidated by court order or operation of
				law, the affected provision of the code will no longer apply.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-510 - Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				  28B.50.140(13) and Title IX
				of the Education Amendments Act of 1972,  20 U.S.C. Sec. 1681, the college may
				impose disciplinary sanctions against a student who commits, attempts to
				commit, or aids, abets, incites, encourages, or assists another person to
				commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual
				harassment" encompasses the following conduct:
(1)
Quid pro quo harassment.
A
			 college employee conditioning the provision of an aid, benefit, or service of
			 Skagit Valley College on an individual's participation in unwelcome sexual
			 conduct.
(2)
Hostile
			 environment.
Unwelcome conduct that a reasonable person would find to be
			 so severe, pervasive, and objectively offensive that it effectively denies a
			 person equal access to the college's educational programs or activities, or
			 employment.
(3)
Sexual
			 assault.
Sexual assault includes the following conduct:
(a)
Nonconsensual sexual
			 intercourse.
Any actual or attempted sexual intercourse (anal, oral, or
			 vaginal), however slight, with any object or body part, by a person upon
			 another person, that is without consent and/or by force. Sexual intercourse
			 includes anal or vaginal penetration by a penis, tongue, finger, or object, or
			 oral copulation by mouth to genital contact or genital to mouth
			 contact.
(b)
Nonconsensual
			 sexual contact.
Any actual or attempted sexual touching, however slight,
			 with any body part or object, by a person upon another person that is without
			 consent and/or by force. Sexual touching includes any bodily contact with the
			 breasts, groin, mouth, or other bodily orifice of another individual, or any
			 other bodily contact in a sexual manner.
(c)
Incest.
Sexual intercourse
			 or sexual contact with a person known to be related to them, either
			 legitimately or illegitimately, as an ancestor, descendant, brother, or sister
			 of either wholly or half related. Descendant includes stepchildren and adopted
			 children under the age of eighteen.
(d)
Statutory rape.
Consensual
			 sexual intercourse between someone who is eighteen years of age or older and
			 someone who is under the age of sixteen.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-520 - 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 Skagit Valley College
			 educational program or activity; and
(c) Meets the definition of sexual harassment
			 as that term is defined in this supplemental procedure.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-530 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receiving the Title IX investigation report from the Title IX coordinator,
			 the student conduct officer will independently review the report to determine
			 whether there are sufficient grounds to pursue a disciplinary action against
			 the respondent for engaging in prohibited conduct under Title IX.
(2) If the student conduct officer determines
			 that there are sufficient grounds to proceed under these supplemental
			 procedures, the student conduct officer will initiate a Title IX disciplinary
			 proceeding by filing a written disciplinary notice with the chair of the
			 student conduct committee and 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 college will appoint
			 the party an advisor of the college's choosing at no cost to the party, if the
			 party fails to do so.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-540 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receiving the disciplinary notice, the chair of the student conduct
			 committee will send a hearing notice to all parties, in compliance with WAC
			 132D-150-230.
			 In no event will the hearing date be set less than ten days after the Title IX
			 coordinator provided the final investigation report to the parties.
(2) A party may choose to have an attorney
			 serve as their advisor at the party's own expense. This right will be waived
			 unless, at least five days before the hearing, the attorney files a notice of
			 appearance with the committee chair with copies to all parties and the student
			 conduct officer.
(3) In preparation
			 for the hearing, the parties will have equal access to all evidence gathered by
			 the investigator during the investigation, regardless of whether the college
			 intends to offer the evidence at the hearing.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-550 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The college's student conduct procedures, WAC
			 132D-150-010 through
			 132D-150-410,
			 and this supplemental procedure shall apply equally to all parties.
(2) The college bears the burden of offering
			 and presenting sufficient testimony and evidence to establish that the
			 respondent is responsible for a Title IX violation by a preponderance of the
			 evidence.
(3) The respondent will
			 be presumed not responsible until such time as the disciplinary process has
			 been 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 Skagit Valley College's choosing on the party's
			 behalf at no expense to the party.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-560 - 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 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-570 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition
			 to complying with WAC
			 132D-150-270,
			 the student conduct committee will be responsible for conferring and drafting
			 an initial order that:
(a) Identifies the
			 allegations of sexual harassment;
(b) Describes the grievance and disciplinary
			 procedures, starting with filing of the formal complaint through the
			 determination of responsibility, including notices to parties, interviews with
			 witnesses and parties, site visits, methods used to gather evidence, and
			 hearings held;
(c) Makes findings
			 of fact supporting the determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the committee's determination of responsibility for each
			 allegation;
(f) Describes any
			 disciplinary sanction or conditions imposed against the respondent, if
			 any;
(g) Describes to what extent,
			 if any, complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to the college's education programs or activities;
			 and
(h) Describes the process for
			 appealing the initial order to the college president.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-150 - Code of student conduct › Section 132D-150-580 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All parties, including the student conduct officer in their
				capacity as a representative of the college, have the right to appeal from the
				determination of responsibility and/or from a dismissal, in whole or part, of a
				formal complaint during the investigative or hearing process. Appeals must be
				in writing and filed with the president's office or designee 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.
Upon receiving a timely appeal, the president's office will
				serve a copy of the appeal on all parties, who will have 10 days from the date
				of service to submit written responses to the president's office or designee
				addressing issues raised in the appeal. Failure to file a timely response
				constitutes a waiver of the right to participate in the appeal. Upon receipt of
				written responses, the president's office or designee shall serve copies of the
				responses to the other parties.
Parties receiving a copy of the responses shall have five days
				in which to submit a written reply addressing issues raised in the responses to
				the president's office or designee.
The president or their designee, based on their review of
				parties' submissions and the hearing or investigative record, will determine
				whether the grounds for appeal have merit, provide the rationale for this
				conclusion, and state whether a dismissal is affirmed or denied, or if the
				disciplinary sanctions and conditions imposed in the initial order are
				affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
				sanctions and conditions.
The president's office or designee shall serve the final
				decision on the parties simultaneously.
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 chapter
				34.05 RCW.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-276 - Access to public records › Section 132D-276-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure that Community College
				District No. 4 complies with the provisions of chapter 42.17 RCW, Disclosure --
				Campaign finances -- Lobbying -- Records; and in particular with sections 250
				through 340 of that chapter, dealing with public records.
Statutory Authority:
				  RCW
				  28B.50.140. 89-11-024 (Order 89-07), §
										132D-276-010, filed
				  5/11/89.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-276 - Access to public records › Section 132D-276-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Public records.
			 "Public record" includes any writing containing information relating to the
			 conduct of government or the performance of any governmental or proprietary
			 function prepared, owned, used or retained by any state or local agency
			 regardless of physical form or characteristics: Provided, however, that the
			 personal and other records cited in RCW   42.17.310 are exempt from definition of
			 public record.
(2) Writing.
			 "Writing" means handwriting, typewriting, printing, photostating,
			 photographing, and every other means of recording any form of communication or
			 representation, including letters, words, pictures, sounds or symbols,
			 combination thereof and all papers, maps, magnetic or paper tapes, photographic
			 films and prints, magnetic or punched cards, disks, drums and other
			 documents.
(3) Community College
			 District No. 4. "Community College District No. 4 (Skagit Valley College)" is
			 an agency organized by statute pursuant to
			 RCW
			   28B.50.040. Community College District No. 4
			 shall hereafter be referred to as the "district." Where appropriate, the term
			 "district" also refers to the staff and employees of the district.
Statutory Authority:
				  RCW
				  28B.50.140. 89-11-024 (Order 89-07), §
										132D-276-020, filed
				  5/11/89.
Washington Administrative Code › Title 132D - Skagit Valley College › Chapter 132D-276 - Access to public records › Section 132D-276-030 - Description of central and field organization of Community College District No. 4

Current through Register Vol. 24-14, July 15, 2024
(1) Community
			 College District No. 4 is a state agency established and organized under the
			 authority of
			 chapter
			 28B.50 RCW for the
			 purpose of implementing the educational goals established by the legislature in
			 RCW
			   28B.50.020. The administrative office of the
			 district is located on the Skagit Valley campus within the city of Mount
			 Vernon, Washington. The Mount Vernon campus likewise comprises the central
			 headquarters for all operations of the district. Field activities for the
			 Whidbey Branch of the district are administered by personnel located at the
			 Whidbey Branch in Oak Harbor, Washington; all other field activities of the
			 district are directed and administered by personnel located on the campus at
			 Mount Vernon.
(2) The district is
			 operated under the supervision and control of a board of trustees. The board of
			 trustees consists of five members appointed by the governor. The board of
			 trustees normally meets at least once each month, as provided in WAC
			 132D-104-020. The board of
			 trustees employs a president, an administrative staff, members of the faculty
			 and other employees. The board of trustees takes such actions and promulgates
			 such rules, regulations, and policies in harmony with the rules and regulations
			 established by the state board for community college education, as are
			 necessary to the administration and operation of the district.
(3) The president of the district is
			 responsible to the board of trustees for the operation and administration of
			 the district. A detailed description of the administrative organization of the
			 district is contained within the Policies and Procedures Manual for Community
			 College District No. 4, a current copy of which is available for inspection at
			 the administrative office of the district.
Statutory Authority:
				  RCW
				  28B.50.140. 89-11-024 (Order 89-07), §
										132D-276-030, filed
				  5/11/89.