reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-050 - 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 secure and to respect general conditions conducive to the
				freedom to learn is shared by all members of the college community.
The following enumerated rights are guaranteed to each student
				within the limitations of 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-060 - Right to sale of personal property

Current through Register Vol. 24-14, July 15, 2024
(1) Students have the right to engage in
			 legal, incidental sales of personal property in private transactions.
(2) All other sales shall take place in
			 Lindbloom Student Center subject to the approval and requirements of the
			 vice-president of student affairs or designee.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-070 - Denial of access to Green River College

Current through Register Vol. 24-14, July 15, 2024
(1) The vice-president of student affairs may
			 deny admission to a prospective student, or continued attendance to an enrolled
			 student, if it reasonably appears that the student would not be competent to
			 profit from the curriculum offerings of the college, or would, by the student's
			 presence or conduct, create a disruptive atmosphere within the college or a
			 substantial risk of actual harm to self or other members of the campus
			 community.
(2) Denial of access
			 decisions may be appealed, as or like disciplinary actions, to the student
			 conduct committee.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-090 - Conduct-Student responsibilities

Current through Register Vol. 24-14, July 15, 2024
Any student or student group shall be subject to disciplinary
				action as provided for in this chapter, who either as a principal actor, aide,
				abettor, or accomplice as defined in
				RCW
				  9A.08.020:
Materially and substantially interferes with the personal
				rights or privileges of others or the educational process of the
				college;
Violates any provision of this chapter; or
Commits any prohibited act including, but not limited to, the
				following:
(1)
Academic
			 dishonesty.
Any act of academic dishonesty including, but not limited
			 to, cheating, plagiarism, and fabrication. In academically honest writing or
			 speaking, the student documents his/her source of information whenever:
Another person's exact words are quoted;
Another person's idea, opinion or theory is used through
				paraphrase; and
Facts, statistics, or other illustrative materials are
				borrowed.
In order to complete academically honest work, students
				should:
Acknowledge all sources according to the method of citation
				preferred by the instructor;
Write as much as possible from one's own understanding of the
				materials and in one's own voice;
Ask an authority on the subject, such as the instructor who
				assigned the work; and
Seek help from academic student services such as the library
				and/or writing center.
(2)
Tobacco, electronic cigarettes, and related products.
The use of
			 tobacco, electronic cigarettes, and related products are not allowed on college
			 campus. In addition to the main campus, this also includes any building and
			 premises owned, leased or operated by the college outside of the main campus.
			 "Related products" include, but are not limited to, cigarettes, pipes, bidi,
			 clove cigarettes, waterpipes, hookahs, chewing tobacco, and snuff.
(3)
Alcohol.
The use,
			 possession, delivery, sale, or being visibly under the influence of any
			 alcoholic beverage, except as permitted by law and applicable college
			 policies.
(4)
Drugs/substance
			 abuse.
(a) Any student who, while in
			 any college facility or participating in a college-related program, uses,
			 possesses, consumes, is demon-strably under the influence of, or sells any
			 narcotic drug or controlled substance as defined in
			 RCW
			   69.50.101, in violation of law or in a manner
			 which significantly disrupts a college activity. For purposes of this section,
			 "sell" includes the statutory meaning in
			 RCW
			   69.50.410.
(b)
Marijuana.
The use,
			 possession, delivery, sale, or being visibly under the influence of marijuana
			 or the psychoactive compounds found in marijuana and intended for human
			 consumption, regardless of form, is prohibited. While state law permits the
			 recreational use of marijuana, federal law prohibits such use on college
			 premises or in connection with college activities.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-100 - Violation of law and college discipline

Current through Register Vol. 24-14, July 15, 2024
(1) College disciplinary proceedings may be
			 instituted against a student charged with conduct that potentially violates
			 both the criminal law and this student code (that is, if both possible
			 violations result from the same factual situation) without regard to the
			 pendency of civil or criminal litigation in court or criminal arrest and
			 prosecution. Proceedings under this student code may be carried out prior to,
			 simultaneously with, or following civil or criminal proceedings off campus at
			 the discretion of the vice-president of student affairs or designee.
			 Determinations made or sanctions imposed under this student code shall not be
			 subject to change because criminal charges arising out of the same facts giving
			 rise to violation of college rules were dismissed, reduced, or resolved in
			 favor of, or against the criminal law defendant.
(2) When a student is charged by federal,
			 state, or local authorities with a violation of law, the college will not
			 request or agree to special consideration for that individual because of his or
			 her status as a student. If the alleged offense is also being processed under
			 the student code, the college may advise off-campus authorities of the
			 existence of the student code and of how such matters are typically handled
			 within the college community. The college will attempt to cooperate with law
			 enforcement and other agencies in the enforcement of criminal law on campus and
			 in the conditions imposed by criminal courts for the rehabilitation of student
			 violators (provided that the conditions do not conflict with campus rules or
			 sanctions). Individual students and other members of the college community,
			 acting in their personal capacities, remain free to interact with governmental
			 representatives as they deem appropriate.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-120 - Purpose of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
The college may apply sanctions or take other appropriate
				action for violations of the student code of conduct. Disciplinary proceedings
				shall determine whether and under what conditions the violator may continue as
				a student of the college.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-125 - 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
			 132-126-090(9).
(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.
(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.
(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.
(c) Student groups that knowingly permits
			 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.
(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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-130 - Disciplinary terms

Current through Register Vol. 24-14, July 15, 2024
The following definitions of disciplinary terms have been
				established to provide consistency in the application of penalties:
(1)
Warning
- A notice in
			 writing to the student that the student is violating or has violated
			 institutional regulations.
(2)
Probation
- A written reprimand for violation of specified
			 regulations. Probation is indefinite or for a designated period of time and
			 includes the probability of more severe disciplinary sanctions if the student
			 is found to violate any institutional regulation(s) during the probationary
			 period.
(3)
Loss of
			 privileges
- Denial of specified college privileges for a designated
			 period of time.
(4)
Fines
- Previously established and published monetary
			 charges.
(5)
Restitution
- Compensation for loss, damage, or injury. This may
			 take the form of appropriate service and/or monetary or material
			 replacement.
(6)
Discretionary sanctions
- These may include, but are not limited
			 to, work assignments, essays, service to the college, or other related
			 discretionary assignments.
(7)
College suspension
- Separation of the student from the college
			 for a definite period of time, after which the student is eligible to return.
			 Conditions for readmission may be specified.
(8)
College dismissal
-
			 Permanent separation of the student from the college.
(9)
Revocation of admission and/or
			 degree
- Admission to or a degree awarded from the college may be
			 revoked for fraud, misrepresentation, or other violation of college standards
			 in obtaining the degree, or for other serious violations committed by a student
			 prior to graduation.
(10)
Registration hold
- Students may have their registration
			 privileges blocked pending the completion of specified sanctions/conditions.
			 Holds may be placed and removed only by the vice-president of student affairs
			 or designee.
(11)
Revocation
			 of club status and loss of college recognition
- Applies to clubs and
			 organizations.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-140 - 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 the student conduct officer may take disciplinary action based upon the
			 available information.
(3) Within
			 ten 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.
(4) 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
			 132J-126-130;
(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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-150 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
The respondent may appeal a disciplinary action by filing a
				written notice of appeal with the conduct review officer within twenty-one
				calendar days of service of the student conduct officer's decision. Failure to
				timely file a notice of appeal constitutes a waiver of the right to appeal and
				the student conduct officer's decision shall be deemed final.
(1) The notice of appeal must include a brief
			 statement explaining why the respondent is seeking review.
(2) The parties to an appeal shall be the
			 respondent and the conduct review officer.
(3) 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.
(4) 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.
(5) Imposition of
			 disciplinary action for violation of the student conduct code shall be stayed
			 pending appeal, unless respondent has been summarily suspended.
(6) 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-160 - Brief adjudicative proceedings-Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a conduct review officer designated by the president. 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) 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.
(3) The conduct review officer shall serve an
			 initial decision upon both the parties within ten days of consideration of the
			 appeal. 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 days of service of the initial decision, the initial decision shall
			 be deemed the final decision.
(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 dismissal, the matter shall be referred to the student
			 conduct committee for a disciplinary hearing.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-170 - Brief adjudicative proceedings-Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the president, provided the respondent files a
			 written request for review with the 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 dismissal, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-180 - 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 administrative staff member (other
			 than an administrator serving as a student conduct or conduct review officer)
			 appointed by the president at the beginning of the academic year.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-200 - Student conduct appeals 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.
(2) The hearing will ordinarily be closed to
			 the public. However, if all parties agree on the record that some or all of the
			 proceedings be open, the chair shall determine any extent to which the hearing
			 will be open. If any person disrupts the proceedings, the chair may exclude
			 that person from the hearing room.
(3) The chair shall cause the hearing to be
			 recorded by a method that he/she selects, in accordance with
			 RCW
			   34.05.449. That recording, or a copy, shall
			 be made available to any party upon request. The chair shall assure maintenance
			 of the record of the proceeding that is required by
			 RCW
			   34.05.476, which shall also be available upon
			 request for inspection and copying by any party. Other recordings shall also be
			 permitted, in accordance with WAC
			 10-08-190.
(4) The chair shall preside at the hearing
			 and decide procedural questions that arise during the hearing, except as
			 overridden by majority vote of the committee.
(5) The student conduct officer (unless
			 represented by an assistant attorney general) shall present the case for
			 imposing disciplinary sanctions.
(6) All testimony shall be given under oath
			 or affirmation. Evidence shall be admitted or excluded in accordance with
			 RCW
			   34.05.452.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-210 - 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.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-220 - Appeal from student conduct 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 conduct committee may appeal the
			 committee's initial decision to the president by filing a notice of appeal with
			 the president's office within twenty-one days of service of the committee's
			 initial decision. Failure to file a timely appeal constitutes a waiver of the
			 right and the initial decision shall be deemed final.
(2) The notice of appeal must identify the
			 specific findings of fact and/or conclusions of law in the initial decision
			 that are challenged and must contain argument why the appeal should be granted.
			 The president's review shall be restricted to the hearing record made before
			 the student conduct committee and will normally be limited to a review of those
			 issues and arguments raised in the notice of appeal.
(3) The president shall provide a written
			 decision to all parties within forty-five 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) The president may, at his or her
			 discretion, 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.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-230 - 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 disruption of, or interference
				with, the operations of the college.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-280 - 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) 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-290 - 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 matters 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-300 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 vice-president of student affairs shall maintain for at least six years the
			 following records of student grievance and disciplinary actions and
			 proceedings:
(a) Initial and final orders in
			 cases where a student's grievance has been sustained or a disciplinary action
			 against a student has been reversed and the student fully exonerated;
(b) The complete records in all cases where
			 adjudication has been requested; and
(c) A list or other summary of all
			 disciplinary actions reported or known to the vice-president and not
			 appealed.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-320 - 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
			 the college on an individual's participation in unwelcome sexual
			 conduct.
(2)
Hostile
			 environment.
Unwelcome conduct that a reasonable person would find to be
			 so severe, pervasive, and objectively offensive that it effectively denies a
			 person equal access to the college's educational programs or activities, or
			 employment.
(3)
Sexual
			 assault.
Sexual assault includes the following conduct:
(a) Nonconsensual sexual intercourse. Any
			 actual or attempted sexual intercourse (anal, oral, or vaginal), however
			 slight, with any object or body part, by a person upon another person, that is
			 without consent and/or by force. Sexual intercourse includes anal or vaginal
			 penetration by a penis, tongue, finger, or object, or oral copulation by mouth
			 to genital contact or genital to mouth contact.
(b) Nonconsensual sexual contact. Any actual
			 or attempted sexual touching, however slight, with any body part or object, by
			 a person upon another person that is without consent and/or by force. Sexual
			 touching includes any bodily contact with the breasts, groin, mouth, or other
			 bodily orifice of another individual, or any other bodily contact in a sexual
			 manner.
(c) Incest. Sexual
			 intercourse or sexual contact with a person known to be related to them, either
			 legitimately or illegitimately, as an ancestor, descendant, brother, or sister
			 of either wholly or half related. Descendant includes stepchildren and adopted
			 children under the age of 18.
(d)
			 Statutory rape. Consensual sexual intercourse between someone who is 18 years
			 of age or older and someone who is under the age of 16.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-400 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				by the United States Department of Education. See  34 C.F.R. Sec. 106 . To the
				extent these supplemental hearing procedures conflict with the college's
				standard disciplinary procedures, WAC
				132J-126-010 through
				132J-126-300, these
				supplemental procedures shall take precedence. Green River College may, at its
				discretion, contract with an administrative law judge or other person to act as
				presiding officer and assign such presiding officer to exercise any or all of
				the duties in lieu of the student conduct committee and committee
				chair.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-420 - 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 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-430 - 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
			 judicial 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 judicial officer determines that
			 there are sufficient grounds to proceed under these supplemental procedures,
			 the judicial 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-440 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon filing
			 and serving the written disciplinary notice, the chair of the student conduct
			 committee will send a hearing notice to all parties, in compliance with WAC
			 132J-126-190.
			 In no event will the hearing date be set less than 10 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-450 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The college's
			 student conduct procedures, chapter 132J-126 WAC 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
			 or chair of the student conduct committee will appoint an advisor of the
			 college's choosing on the party's behalf at no expense to the party.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-460 - 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-470 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
			 complying with WAC
			 132J-126-210,
			 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 student conduct committee 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 132J - Green River College › Chapter 132J-126 - Rules of student conduct › Section 132J-126-480 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) All parties,
			 including the student conduct officer in their capacity as a representative of
			 the college, have the right to appeal from the determination of responsibility
			 and/or from a dismissal, in whole or part, of a formal complaint during the
			 investigative or hearing process. Appeals must be in writing and filed with the
			 president's office within 21 days of service of the initial order or notice of
			 dismissal. Appeals must identify the specific findings of fact and/or
			 conclusions of law in the initial order or dismissal that the appealing party
			 is challenging and must contain argument as to why the appeal should be
			 granted. Failure to file a timely appeal constitutes a waiver of the right to
			 appeal and the initial order or dismissal shall be deemed final.
(2) Upon receiving a timely appeal, the
			 president's office will serve a copy of the appeal on all parties, who will
			 have 10 days from the date of service to submit written responses to the
			 president's office addressing issues raised in the appeal. Failure to file a
			 timely response constitutes a waiver of the right to participate in the appeal.
			 Upon receipt of written responses, the president's office shall serve copies of
			 the responses to the other parties.
(3) Parties receiving a copy of the responses
			 shall have five days in which to submit a written reply addressing issues
			 raised in the responses to the president's office.
(4) The president or their delegate, based on
			 their review of parties' submissions and the hearing or investigative record,
			 will determine whether the grounds for appeal have merit, provide the rationale
			 for this conclusion, and state whether a dismissal if affirmed or denied, or if
			 the disciplinary sanctions and conditions imposed in the initial order are
			 affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
			 sanctions and conditions.
(5) The
			 president's office shall serve the final decision on the parties
			 simultaneously.
(6) All
			 administrative decisions reached through this process are and may be judicially
			 appealed pursuant to applicable provisions of chapter 34.05 RCW including, but
			 not limited to, the timelines set forth in
			 RCW
			   34.05.542. No decisions or recommendations
			 arising from this disciplinary procedure will be subject to grievance pursuant
			 to any collective bargaining agreement.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-128 - Tenure › Section 132J-128-200 - Board policy on tenure and dismissals

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with
			 RCW
			   28B.50.852, the board of trustees of College
			 District No. 10, the appointing authority of Green River College, adopts this
			 rules chapter to implement
			 RCW
			   28B.50.850 - 28B.50.869.
(2)The board of trustees recognizes the
			 importance of faculty tenure and appropriate tenure review and dismissal review
			 processes in a higher education institution. The board further recognizes its
			 own ultimate statutory responsibilities in these regards. Accordingly, the
			 board reserves all of its statutory powers and rights regarding the awarding of
			 faculty tenure and the dismissal of faculty, except as expressly provided
			 otherwise in this chapter.
(3)The
			 board also recognizes the important role of the faculty and the faculty's
			 bargaining representative in helping to determine the college's procedures for
			 awarding tenure and dismissing faculty((-)) and helping to implement those
			 procedures. Accordingly, the board will continue to negotiate with that
			 bargaining representative to include major aspects of the tenure and dismissal
			 review processes in the faculty collective bargaining agreements.
(4)These rules are intended to avoid
			 unnecessary duplication of the controlling statutes and/or currently effective
			 provisions of a faculty collective bargaining agreement, while providing for
			 situations not covered thereby.
Statutory Authority:
				  RCW
				    28B.50.852. 94-04-053, §
										132J-128-200, filed 1/31/94,
				  effective 3/3/94.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-128 - Tenure › Section 132J-128-210 - Review committees generally

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Except as provided in a contrary, currently effective provision of a faculty
			 collective bargaining agreement, tenure and dismissal review committees shall
			 be constituted and conducted under this chapter and as further directed by the
			 college president.
(2) The
			 president is authorized to take all necessary actions to assure the composition
			 and appointment of a valid and effective review committee, in accordance with
			 RCW
			   28B.50.869 and/or other applicable law. If
			 the president determines that there is no effective election or appointment to
			 a position on a review committee, the president may declare that position
			 vacant and either appoint a replacement (if it is an administrative staff
			 member) or request an appointment by the student association or faculty
			 bargaining representative, as appropriate. The association or bargaining
			 representative shall convene any necessary meeting(s), make the appointment,
			 and so advise the president within ten calendar days of receiving notification.
			 If the association or bargaining representative fails to so advise of an
			 appointment within ten days, without an extension of that deadline by the
			 president, the association or bargaining representative shall be deemed to have
			 waived its right to participate in the appointment and the president may
			 conduct whatever meeting(s) may be appropriate to secure the
			 appointment.
(3) A review committee
			 shall meet at a time and location designated by the president, after at least
			 three days' notice to all its members, unless its members agree to a different
			 time and/or location. At its first meeting, the committee shall elect a chair,
			 who thereafter shall maintain all committee records.
(4) Review committee deliberations shall be
			 kept confidential to the extent permitted by law, except for evaluation
			 information shared with a probationer.
(5) The review committee shall report to the
			 board of trustees within any deadline set by the president or the
			 board.
(6) A review committee's
			 failure to properly perform its function shall not prevent the board of
			 trustees from making a decision, after giving appropriate consideration to any
			 recommendations of committee members and/or appropriate
			 administrators.
Statutory Authority:
				  RCW
				  28B.50.852. 94-04-053, §
										132J-128-210, filed 1/31/94,
				  effective 3/3/94.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-141 - Prohibited activities › Section 132J-141-010 - Prohibited activities

Current through Register Vol. 24-14, July 15, 2024
It shall be prohibited on or in property either owned,
				controlled or operated by Green River College, District No. 10, for anyone to
				use or have on his/her person firearms or solid explosives, except duly
				commissioned law enforcement officers and other individuals who receive written
				prior approval from the president of the college or his designee. Sanctions for
				violations of this rule may include, but are not limited to, suspension,
				dismissal and/or expulsion or removal from campus.
Permanent and Emergency Order 75-3, §
										132J-141-010, filed
				  12/16/75.
Washington Administrative Code › Title 132J - Green River College › Chapter 132J-150 - Policy on the use of the college facilities › Section 132J-150-010 - Use of college facilities

Current through Register Vol. 24-14, July 15, 2024
Because Green River College is an educational institution
				provided and maintained by the people of the state, its campus, buildings,
				properties, and facilities shall be reserved at all times for those activities
				which either are related directly to its educational mission or are justifiable
				on the basis of their contributions to the cultural, social, or economic
				development of the state.