reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132Q - Spokane, Community Colleges of › Chapter 132Q-276 - Public records - Initiative 276 › Section 132Q-276-140 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The district shall adopt a form for use by all persons
				requesting inspection and/or copying or copies of its public
				records.
Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29,
				  Resolution No. 21), §
										132Q-276-140, filed
				  4/22/83.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-01 - Organization › Section 132R-01-010 - Organization - Operation - Information

Current through Register Vol. 24-14, July 15, 2024
(1) Organization. Big Bend Community College
			 is established in
			 Title
			 28B RCW as a public
			 institution of higher education. The institution is governed by a five-member
			 board of trustees, appointed by the governor. The board employs a president,
			 who acts as the chief executive officer of the institution. The president
			 establishes the structure of the administration.
(2) Rules coordinator. The designated rules
			 coordinator for Big Bend Community College is the vice-president,
			 administrative services, located at the following address:
Vice-President, Administrative Services
Big Bend Community College
Building 1400 7662 Chanute Street
Moses Lake, WA 98837-3299
(3) Operation. The administrative office is
			 located at the following address:
Big Bend Community College
Building 1400 7662 Chanute Street
Moses Lake, WA 98837-3299
The office hours are 8:00 a.m. to 5:00 p.m., Monday through
				Friday, except legal holidays.
(4) Information. Additional and detailed
			 information concerning the educational offerings may be obtained from the
			 catalog, copies of which are available at the following address:
Big Bend Community College - Admissions
Building 1400 7662 Chanute Street
Moses Lake, WA 98837-3299
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-01-010, filed 7/14/03, effective 8/14/03. Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-01-010,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-010 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure adopted by the chief
				administrative law judge pursuant to
				RCW
				  34.05.250, as now or hereafter amended, are
				hereby adopted for use at this institution. Those rules may be found in chapter
				10-08 WAC. Other procedural rules adopted in this title are supplementary to
				the model rules of procedure. In the case of a conflict between the model rules
				of procedure and procedural rules adopted in this title, the procedural rules
				adopted by this institution shall govern. Rules adopted at this institution
				prior to July 1, 1989, remain in full force and effect unless specifically
				repealed or amended.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-010,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-020 - Appointment of presiding officers

Current through Register Vol. 24-14, July 15, 2024
The president or president's designee shall designate a
				presiding officer for an adjudicative proceeding. The presiding officer shall
				be an administrative law judge, a member in good standing of the Washington
				State Bar Association, a panel of individuals, the president, or his or her
				designee, or any combination of the above. Where more than one individual is
				designated to be the presiding officer, one person shall be designated by the
				president or president's designee to make decisions concerning discovery,
				closure, means of recording adjudicative proceedings, and similar
				matters.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-020,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-030 - Method of recording

Current through Register Vol. 24-14, July 15, 2024
Proceedings shall be recorded by a method determined by the
				presiding officer, among those available pursuant to the model rules of
				procedure in WAC
				10-08-170.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-030,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-040 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
An application for adjudicative proceeding shall be in writing.
				Application forms are available at the following address:
President's Office
Big Bend Community College
Building 1400 7662 Chanute Street
Moses Lake, WA 98837-3299
Written application for an adjudicative proceeding should be
				submitted to the above address within twenty days of the agency action giving
				rise to the application, unless provided for otherwise by statute or
				rule.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-02-040, filed 7/14/03, effective 8/14/03. Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-040,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-050 - Brief adjudicative procedures

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				  34.05.482 through
				34.05.494,
				the provisions of which are hereby adopted. Brief adjudicative procedures shall
				be used in all matters related to:
(1)
			 Residency determinations made pursuant to
			 RCW
			   28B.15.013, conducted by the admissions
			 office;
(2) Challenges to contents
			 of education records;
(3) Student
			 conduct proceedings. The procedural rules in chapter 132R-04 WAC apply to these
			 proceedings;
(4) Parking
			 violations. The procedural rules in chapters 132R-116 and 132R-118 WAC apply to
			 these proceedings;
(5) Outstanding
			 debts owed by students or employees;
(6) Loss of eligibility for participation in
			 institution-sponsored athletic events, pursuant to chapter 132R-05
			 WAC;
(7) Appeals to trespass
			 orders. The procedural rules in chapter 132R-117 WAC apply to these
			 proceedings;
(8) Appeals pursuant
			 to any other formal rule adopted by Big Bend Community College which
			 specifically provides for a brief adjudicative procedure.
Statutory Authority:
				  RCW
				    28B.50.140. 90-02-016, § 132R-02-050,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-060 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Discovery in adjudicative proceedings may be permitted at the
				discretion of the presiding officer. In permitting discovery, the presiding
				officer shall make reference to the civil rules of procedure. The presiding
				officer shall have the power to control the frequency and nature of discovery
				permitted, and to order discovery conferences to discuss discovery
				issues.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-060,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-070 - Procedure for closing parts of the hearings

Current through Register Vol. 24-14, July 15, 2024
A party may apply for a protective order to close part of a
				hearing. The party making the request should state the reasons for making the
				application to the presiding officer. If the other party opposes the request, a
				written response to the request shall be made within ten days of the request to
				the presiding officer. The presiding officer shall determine which, if any,
				parts of the proceeding shall be closed, and state the reasons therefor in
				writing within twenty days of receiving the request.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-070,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-080 - Recording devices

Current through Register Vol. 24-14, July 15, 2024
No cameras or recording devices shall be allowed in those parts
				of proceedings which the presiding officer has determined shall be closed
				pursuant to WAC
				132R-02-070, except for the
				method of official recording selected by the institution.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-02-080, filed 7/14/03, effective 8/14/03. Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-080,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-02 - Practice and procedure › Section 132R-02-090 - Petitions for stay of effectiveness

Current through Register Vol. 24-14, July 15, 2024
Disposition of a petition for stay of effectiveness of a final
				order shall be made by the official, officer, or body of officers, who entered
				the final order.
Statutory Authority:
				  RCW
				  28B.50.140. 90-02-016, § 132R-02-090,
				  filed 12/26/89, effective 1/26/90.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-010 - Statement of student rights

Current through Register Vol. 24-14, July 15, 2024
As members of the academic community, students are encouraged
				to develop the capacity for critical judgment and to engage in an independent
				search for truth. Freedom to teach and freedom to learn are inseparable facets
				of academic freedom. The freedom to learn depends upon appropriate
				opportunities and conditions in the classroom, on the campus, and in the larger
				community. Students should exercise their freedom with responsibility. The
				responsibility to maintain and to respect the general conditions necessary for
				a free and effective learning environment is expected of all members of the
				college community.
The following enumerated rights are guaranteed to each student
				within the limitations of statutory law and college policy which are deemed
				necessary to achieve the educational goals of the college:
(1) Academic freedom.
(a) Students are guaranteed the rights of
			 free inquiry, expression, and assembly upon and within college facilities that
			 are generally open and available to the public.
(b) Students are free to pursue appropriate
			 educational objectives from among the college's curricula, programs, and
			 services, subject to the limitations of
			 RCW
			   28B.50.090(3)(b).
(c) Students shall be protected from academic
			 evaluation which is arbitrary, prejudiced, or capricious, but are responsible
			 for meeting the standards of academic performance established by each of their
			 instructors.
(d) Students have the
			 right to a learning environment which is free from unlawful discrimination,
			 inappropriate and disrespectful conduct, and any and all harassment, including
			 sexual harassment.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, terms are defined as
				follows:
(1) "Student conduct officer"
			 is a college administrator designated by the president to be responsible for
			 implementing and enforcing the student conduct code. The vice president of
			 learning and student success will serve as the student conduct officer or may
			 appoint a designee.
(2) "Conduct
			 review officer" is a college administrator designated by the president to be
			 responsible for receiving and facilitating appeals from student disciplinary
			 actions and for reviewing initial decisions issued in a brief adjudicative
			 proceeding. The conduct review officer shall be designated by the president and
			 shall be authorized to grant appropriate relief upon review. The director of
			 student programs will serve as the conduct review officer, unless otherwise
			 designated by the president.
(3)
			 "The president" is the president of the college. The president is authorized to
			 delegate any and all of his or her responsibilities as set forth in this
			 chapter as may be reasonably necessary and to reassign any and all duties and
			 responsibilities as set forth in this chapter as may be reasonably
			 necessary.
(4) "Disciplinary
			 action" is the process by which discipline is imposed by the student conduct
			 officer 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 10 instructional days or an expulsion are heard by the disciplinary
			 committee. Appeals of all other appealable disciplinary action may be reviewed
			 through brief adjudicative proceedings.
(6) "Respondent" is the student against whom
			 disciplinary action is being taken.
(7) "Service" is the process by which a
			 document is officially delivered to a party. Unless expressly specified
			 otherwise, service upon a party shall be accomplished by:
(a) Hand delivery of the document to the
			 party; or
(b) By sending the
			 document to the college assigned email, once one has been generated, and by
			 certified mail to the party's last known address.
Service is deemed complete upon hand delivery of the document
				or upon the date the document is emailed, if possible, and deposited into the
				mail.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-017 - Statement of jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The student
			 conduct code shall apply to conduct by students and student groups that occurs:
(a) On college premises; or
(b) At or in connection with
			 college-sponsored activities; or
(c) To off-campus conduct that in the
			 judgment of the college adversely affects the college community or the pursuit
			 of its objectives.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-019 - Right to demand identification

Current through Register Vol. 24-14, July 15, 2024
For the purpose of determining identity of a person as a
				student any faculty member or other college personnel authorized by the college
				president may demand that any person on college facilities produce evidence of
				student enrollment at the college. Tender of the student identification card
				will satisfy this requirement.
Refusal by a student to produce identification as required may
				subject the student to disciplinary action.
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-019, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-040 - Freedom of expression

Current through Register Vol. 24-14, July 15, 2024
(1) Fundamental
			 to the democratic process are the rights of free speech and peaceful assembly.
			 Students, other members of the college community, and nonstudents shall always
			 be free to express their views or support causes by orderly means which do not
			 disrupt the regular and essential operations of the college.
(2) Concomitantly, while supporting the
			 rights of students and others, the college recognizes the responsibility to
			 maintain an atmosphere conducive to a sound educational endeavor.
(3) To ensure the reconciliation of such
			 rights and responsibilities, while respecting the private rights of all
			 individuals, campus demonstrations may be conducted only in areas which are
			 generally available to the public provided such demonstrations:
(a) Are conducted in an orderly manner;
			 and
(b) Do not unreasonably
			 interfere with classes, scheduled meetings or ceremonies, or with the general
			 educational processes of the college; or
(c) Do not unreasonably interfere with
			 vehicular or pedestrian traffic; or
(d) Do not unreasonably interfere with
			 regular college functions.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-042 - Freedom of access to higher education

Current through Register Vol. 24-14, July 15, 2024
Each student is free to pursue his or her educational goals;
				and to that end, appropriate opportunities for learning in the classroom shall
				be provided by the district. The college shall maintain an open door policy, to
				the end that no student will be denied admission because of the location of the
				student's residence, or because of the student's educational background or
				ability; that, insofar as is practical in the judgment of the board, curriculum
				offerings shall be provided to meet the educational and training needs of the
				community generally and the students thereof; and that all students, regardless
				of their differing courses of study, will be considered, known and recognized
				equally as members of the student body; provided, that the administrative
				officers of the college may deny admission to a prospective student or
				attendance to an enrolled student if, in their judgment, the student would not
				be competent to profit from the curriculum offerings of the community college,
				or would, by the student's presence or conduct, create a disrupting atmosphere
				within the community college inconsistent with the purposes of the
				institution.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-042, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-047 - Freedom of association and organization

Current through Register Vol. 24-14, July 15, 2024
Students bring to the campus a variety of previously acquired
				interests and develop many new interests as members of the college community.
				They are free to organize and join associations to promote any legal purpose,
				whether it be religious, political, educational, recreational or social.
Student organizations must be granted a charter by the college
				student government before they may be officially recognized. Prior to becoming
				chartered, a student organization must submit to the student government a
				statement of purpose, criteria for membership, a statement of operating rules
				or procedures, and the name of a college employee who has agreed to serve as an
				advisor. All student organizations must also submit to the student government a
				list of officers and keep that list updated when changes occur.
In order to qualify for issuance of a charter, a student
				organization must be open to all students without respect to race, sex, creed,
				national origin, or religion. Membership in all student organizations shall be
				open to any member of the college community who is willing to subscribe to the
				stated aims of the student organization. Affiliation with a noncam-pus
				organization shall not be grounds for denial of charter, provided that other
				conditions for charter issuance have been met.
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-047, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-053 - Authority

Current through Register Vol. 24-14, July 15, 2024
The Big Bend Community College (BBCC) board of trustees, acting
				according to
				RCW
				  28B.50.140(14), delegates to
				the president of the college the authority to administer disciplinary action.
				Administration of the disciplinary procedures is the responsibility of the vice
				president of learning and student success. The vice president of learning and
				student success will serve as the student conduct officer, or appoint a
				designee. Unless otherwise specified, the student conduct officer or designee
				shall serve as the principal investigator and administrator for alleged
				violations of this code.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-056 - Standards

Current through Register Vol. 24-14, July 15, 2024
Attendance at Big Bend Community College presupposes that
				students will observe the laws and deport themselves according to accepted
				standards of personal and group conduct. It further presupposes that each
				student will comply with the rules, regulations and procedures as are, or may
				be, established by Big Bend Community College. Failure to observe such laws,
				standards, rules, regulations and procedures shall render a student subject to
				penalties, which may include dismissal from the college.
The provisions of this section on student conduct and
				discipline do not apply to probation or suspension arising solely from low
				scholarship.
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-056, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-057 - Student code of conduct violations

Current through Register Vol. 24-14, July 15, 2024
The college may impose sanctions against a student or student
				group who commits, attempts to commit, aids, abets, incites, encourages, or
				assists another person to commit an act(s) of misconduct, which includes, but
				is not limited to, any of the following:
(1)
Academic dishonesty.
Any act
			 of academic dishonesty including, but not limited to, cheating, plagiarism, or
			 fabrication.
(a) Cheating includes, but is not
			 limited to, any attempt to give or obtain unauthorized assistance relating to
			 the completion of an academic assignment.
(b) Plagiarism includes, but is not limited
			 to, 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 in an instructional course
			 concerning the completion of an assignment.
(d) This section shall not be construed as
			 preventing an instructor from taking immediate disciplinary action as provided
			 herein where the instructor is required to act upon such breach of academic
			 dishonesty in order to preserve order and prevent disruptive conduct in the
			 classroom.
(e) This section shall
			 also not be construed as preventing an instructor from adjusting the student's
			 grade on a particular project, paper, test, or class grade for academic
			 dishonesty.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-061 - Hazing prohibited-Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) Hazing by a
			 student or a student group is prohibited pursuant to WAC
			 132R-04-057.
(2) No student may conspire to engage in
			 hazing or participate in hazing of another. State law provides that hazing is a
			 criminal offense, punishable as a misdemeanor. See
			 RCW
			   28B.10.901(2) and
			 (3).
(3) Washington state law provides that:
(a) Any student group that knowingly permits
			 hazing is strictly liable for harm caused to persons or property resulting from
			 hazing. If the organization, association, or student living group is a
			 corporation whether for profit or nonprofit, the individual directors of the
			 corporation may be held individually liable for damages.
			 RCW
			   28B.10.901(3).
(b) Any person who participates in the hazing
			 of another shall forfeit any entitlement to state-funded grants, scholarships,
			 or awards for a period of time determined by the college.
			 RCW
			   28B.10.902(1).
(c) Student groups that knowingly permit
			 hazing to be conducted by its members or by others subject to its direction or
			 control shall be deprived of any official recognition or approval granted by
			 the college.
			 RCW
			   28B.10.902(2).
(d) Student groups found responsible for
			 violating the code of student conduct, college antihazing policies, or state or
			 federal laws relating to hazing or offenses related to alcohol, drugs, sexual
			 assault, or physical assault will be disclosed in a public report issued by the
			 college setting forth the name of the student group, the date the investigation
			 began, the date the investigation ended, a finding of responsibility, a
			 description of the incident(s) giving rise to the finding, and the details of
			 the sanction(s) imposed.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-063 - Disciplinary actions

Current through Register Vol. 24-14, July 15, 2024
Disciplinary actions include, but are not limited to, the
				following sanctions that may be imposed alone or in conjunction upon students
				found to have committed the violations in WAC
				132R-04-057.
				The college may impose additional sanctions on a student who fails to comply
				with any imposed sanctions including, but not limited to, preventing that
				student from registering for classes.
(1) Warning: A verbal statement to a student
			 that there is a violation and that continued violation may be cause for further
			 disciplinary action.
(2) Reprimand:
			 Notice in writing that the student has violated one or more terms of this code
			 of conduct and that continuation of the same or similar behavior may result in
			 more severe disciplinary action.
(3) Disciplinary probation: Formal action
			 placing specific conditions and restrictions upon the student's continued
			 attendance depending upon the seriousness of the violation and which may
			 include a deferred disciplinary sanction. If the student subject to a deferred
			 disciplinary sanction is found in violation of any college rule during the time
			 of disciplinary probation, the deferred disciplinary sanction, which may
			 include, but is not limited to, a suspension or a dismissal from the college,
			 shall take effect immediately without further review. Any such sanction shall
			 be in addition to any sanction or conditions arising from the new violation.
			 Probation may be for a limited period of time or may be for the duration of the
			 student's attendance at the college. Other conditions and restrictions may
			 include, but not be limited to, restrictions from being present on certain
			 parts of the campus or in certain college buildings; restriction from attending
			 certain college activities or participation in extra-curricular activities;
			 orders of no contact between the student under probation and other students,
			 college employees, or other persons.
(4)
Not in good standing.
A
			 student may be deemed "not in good standing" with the college. If so the
			 student shall be subject to the following restrictions:
(a) Ineligible to hold an office in any
			 student organization recognized by the college or to hold any elected or
			 appointed office of the college.
(b) Ineligible to represent the college to
			 anyone outside the college community in any way, including representing the
			 college at any official function, or any forms of intercollegiate competition
			 or representation.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-064 - 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 (or designee) 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 disruption of, or interference with, the operations of the
			 college.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-067 - Appeal from disciplinary action (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-067, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-100 - Authority (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-100, filed 7/14/03, effective 8/14/03; Order 69-4, §
				  132R-04-100, filed 12/5/69.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-103 - Supplemental sexual misconduct procedures

Current through Register Vol. 24-14, July 15, 2024
(1) 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 discipline action and to appeal the student
			 conduct officer's disciplinary order. Application of the following procedures
			 is limited to student conduct code proceedings involving allegations of sexual
			 misconduct. In such cases, these procedures shall supplement the student
			 disciplinary procedures. In the event of conflict between the sexual misconduct
			 procedures and the student disciplinary procedures, the sexual misconduct
			 procedures shall prevail.
(2)
Supplemental complaint process.
The following supplemental
			 procedures shall apply with respect to complaints or other reports of alleged
			 sexual misconduct by a student.
(a) The
			 college's Title IX compliance officer 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.
(b) 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.
(c) 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.
(d)
			 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.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-113 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The respondent may appeal the results of a disciplinary action by filing a
			 written notice of appeal with the conduct review officer within twenty calendar
			 days of service of the student conduct officer's decision. Failure to timely
			 file a notice of appeal constitutes a waiver of the right to appeal and the
			 student conduct officer's order 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 disciplinary
			 committee, has a right to a prompt, fair, and impartial hearing as provided for
			 in these procedures.
(5) In the
			 event of a conflict between this student conduct code and the Administrative
			 Procedure Act, chapter 34.05 RCW, this student conduct code will
			 govern.
(6) The college hereby
			 adopts the Model rules of procedure, chapter 10-08 WAC, by reference. To the
			 extent there is a conflict between these rules and chapter 10-08 WAC, these
			 rules shall control.
(7) Imposition
			 of discipline for violation of the student conduct code shall be stayed pending
			 appeal, unless respondent has been summarily suspended.
(8) The student disciplinary committee shall
			 hear the following cases as fully adjudicated proceedings:
(a) Appeals from suspensions in excess of ten
			 instructional days;
(b) Appeals
			 from dismissals;
(c) Discipline
			 cases referred to the committee by the student conduct officer, the conduct
			 review officer, or the president; and
(d) Cases in which students request to have
			 their discipline case heard by the committee.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-115 - Brief adjudicative proceedings General

Current through Register Vol. 24-14, July 15, 2024
(1) 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:
(a) Parking violations.
(b) Outstanding debts owed by students or
			 employees.
(c) Use of college
			 facilities.
(d) Residency
			 determinations.
(e) Use of library
			 - Fines.
(f) Challenges to contents
			 of education records.
(g) Loss of
			 eligibility for participation in institution sponsored athletic
			 events.
(h) Student conduct appeals
			 involving the following disciplinary actions:
(i) Suspensions of ten instructional days or
			 less;
(ii) Disciplinary
			 probation;
(iii) Written
			 reprimands; and
(iv) Any conditions
			 or terms imposed in conjunction with one of the foregoing disciplinary
			 actions.
(i) Appeals of
			 decisions regarding mandatory tuition and fee waivers.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-116 - Brief adjudicative proceedings Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by the student conduct officer. The presiding 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 and the student conduct officer. Before taking
			 action, the conduct review officer shall conduct an informal hearing and
			 provide each party (a) an opportunity to be informed of the college's view of
			 the matter and (b) an opportunity to explain the party's view of the
			 matter.
(3) The conduct review
			 officer shall serve an initial decision upon all the parties within ten
			 business days of consideration of the initial hearing. The initial decision
			 shall contain a brief written statement of the reasons for the decision and
			 information about how to seek administrative review of the initial decision. If
			 no request for review is filed within twenty-one calendar days of service of
			 the initial decision, the initial decision shall be deemed the final
			 order.
(4) If the conduct review
			 officer 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 disciplinary committee
			 for a disciplinary hearing. The conduct review officer may enter an interim
			 order suspending the student until a hearing can be held by the student
			 disciplinary committee. The interim order shall provide a brief explanation as
			 to facts supporting the interim order of suspension and give the necessary
			 notices that the case has been referred to the student disciplinary
			 committee.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-117 - Student disciplinary committee - General (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-117, filed 7/14/03, effective
				  8/14/03.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-1170 - Brief adjudicative proceedings Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the president or his or her designee, provided
			 the respondent files a written request for review with the conduct review
			 officer within twenty-one calendar days of service of the initial
			 decision.
(2) The president or
			 designee 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 or
			 designee 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 proceedings must be referred to the student disciplinary
			 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 calendar days of the initial decision or of
			 the request for review, whichever is later. The order 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 reviewing officer does not make a disposition
			 of the matter within twenty calendar days after the request is
			 submitted.
(5) If the president or
			 designee upon review determines that the respondent's conduct may warrant
			 imposition of a disciplinary suspension of more than ten instructional days or
			 expulsion, the matter shall be referred to the student disciplinary committee
			 for a disciplinary hearing. The president or designee may enter an interim
			 order suspending the student until a hearing can be held by the student
			 disciplinary committee. The interim order shall provide a brief explanation as
			 to facts supporting the interim order of suspension and give the necessary
			 notices that the case has been referred to the student disciplinary
			 committee.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-118 - Brief adjudicative proceedings - Agency record (Recodified)

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 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-125 - Student disciplinary committee - General

Current through Register Vol. 24-14, July 15, 2024
(1) The student disciplinary committee shall
			 consist of five members:
(a) Two full-time
			 students appointed by the student government;
(b) Two faculty members recommended by the
			 faculty association and appointed by the president;
(c) The conduct review officer or other
			 member of the administration appointed by the president at the beginning of the
			 academic year.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-140 - Student disciplinary committee - Initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) Within twenty calendar days following the
			 conclusion of the hearing or the committee's receipt of closing arguments
			 (whichever is later), 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.
(2) The committee's initial decision 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 determine any disciplinary sanction or conditions authorized herein. If
			 the matter is an appeal by the respondent, the committee may affirm, reverse,
			 or modify the discipline imposed by the student conduct officer and/or impose
			 any other disciplinary sanction or conditions authorized herein.
(3) The committee chair shall provide copies
			 of the initial decision to the parties and any legal counsel who have appeared.
			 The committee chair shall also promptly transmit a copy of the order and the
			 record of the committee's proceedings to the college president and the vice
			 president of learning and student success.
(4) In cases involving allegations of sexual
			 misconduct, the committee chair, 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 his or her appeal rights.
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-140, filed 7/14/03, effective 8/14/03; Order 69-4, §
				  132R-04-140, filed 12/5/69.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-150 - Appeal from student disciplinary committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent
			 who is aggrieved by the findings or conclusions issued by the student
			 disciplinary committee may appeal the committee's initial decision to the
			 president by filing a notice of appeal with the president's office within
			 twenty calendar days of service of the committee's initial decision.
(2) The notice of appeal must assign error to
			 specific findings of fact and/or conclusions of law in the initial decision and
			 must contain argument regarding why the appeal should be granted. The
			 president's review on appeal shall be limited to a review of those issues and
			 arguments raised in the notice of appeal. Review shall be restricted to the
			 record created below.
(3) The
			 president shall provide a written order to all parties within forty-five
			 calendar days after receipt of the notice of appeal. The president's decision
			 shall be final.
(4) The president
			 may exercise discretion to suspend any disciplinary action pending review of
			 the merits of the findings, conclusions, and disciplinary actions
			 imposed.
(5) The president shall
			 not engage in an ex parte communication with any of the parties regarding an
			 appeal.
(6) Respondents and
			 complainants in a case involving allegations of sexual misconduct shall have
			 the right to be accompanied by an attorney or nonattorney assistant of their
			 choosing during the appeal process, but will be deemed to have waived that
			 right unless they file with the president a written notice of the attorney's
			 identity and participation within twenty calendar days of service of the
			 committee's initial decision.
(7)
			 Complainant may appeal the student conduct committee's initial decision to the
			 president subject to the same procedures and deadlines applicable to other
			 parties.
(a) In addition to the appeal rights
			 provided to the respondent above, a complainant may also appeal the following
			 actions by the student conduct officer :
(i)
			 The dismissal of a sexual misconduct complaint; or
(ii) Any disciplinary sanction(s) and
			 conditions imposed against a respondent for a sexual misconduct violation,
			 including a disciplinary warning.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-160 - Brief adjudicative proceedings Review of an initial decision (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-160, filed 7/14/03, effective 8/14/03; Order 69-4, §
				  132R-04-160, filed 12/5/69.
Washington Administrative Code › Title 132R - Big Bend Community College › Chapter 132R-04 - Student conduct code › Section 132R-04-165 - Brief adjudicative proceedings - Agency record (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    28B.50.140 and
				  chapter
				  34.05 RCW. 03-15-063,
				  § 132R-04-165, filed 7/14/03, effective
				  8/14/03.