reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › Section 132N-126-045 - Interim measures

Current through Register Vol. 24-14, July 15, 2024
(1) After
			 receiving a report of alleged sexual misconduct or other serious student
			 misconduct, a student conduct officer or designee may implement interim
			 measures which may include, but are not limited to:
(a) A no-contact order prohibiting direct or
			 indirect contact, by any means, with an impacted party, a responding party, a
			 reporting party, other specified persons, and/or a specific student
			 organization;
(b) Changes to class
			 schedules, assignments, or test schedules;
(c) Modified on-campus employment schedule or
			 location;
(d) Restrictions on
			 access to portions of campus; or
(e) Alternative safety arrangements such as
			 campus safety escorts.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › Section 132N-126-050 - Records

Current through Register Vol. 24-14, July 15, 2024
(1) Student conduct code records are
			 maintained in accordance with the college's records retention
			 schedule.
(2) The disciplinary
			 record is confidential, and is released only as authorized under the Family
			 Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g;  34 C.F.R.
			 Part 99).
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-100 - 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 them to attend a disciplinary meeting. The notice
				shall briefly describe the factual allegations, the provision(s) of the conduct
				code the respondent is alleged to have violated, the range of possible
				sanctions for the alleged violation(s), and specify the time and location of
				the meeting. At the meeting, the student conduct officer will present the
				allegations to the respondent and the respondent shall be afforded an
				opportunity to explain what took place. If the respondent fails to attend the
				meeting after proper service of notice, the student conduct officer may take
				disciplinary action based upon the available information.
(3) The student conduct officer, prior to
				taking disciplinary action in a case involving allegations of sexual
				misconduct, will make a reasonable effort to contact the complainant to discuss
				the results of the investigation and possible disciplinary sanctions and/or
				conditions, if any, that may be imposed upon the respondent if the allegations
				of sexual misconduct are found to have merit.
(4) Within ten 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 their decision, the specific student conduct code
				provisions found to have been violated, the discipline imposed, if any, and a
				notice of any appeal rights with an explanation of the consequences of failing
				to file a timely appeal.
(5) The
				student conduct officer may take any of the following disciplinary actions:
(a) Exonerate the respondent and terminate
				the proceedings.
(b) Impose a
				disciplinary sanction(s), as described in WAC 132N-126-030.
(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 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-105 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) The respondent
				may appeal a disciplinary action by filing a written notice of appeal with the
				conduct review officer within ten days of service of the student conduct
				officer's decision. Failure to timely file a notice of appeal constitutes a
				waiver of the right to appeal and the student conduct officer's decision shall
				be deemed final.
(2) The notice of
				appeal must include a brief statement explaining why the respondent is seeking
				review.
(3) The parties to an
				appeal shall be the respondent and the conduct review officer.
(4) A respondent, who timely appeals a
				disciplinary action or whose case is referred to the student conduct committee,
				has a right to a prompt, fair, and impartial hearing as provided for in these
				procedures.
(5) On appeal, the
				college bears the burden of establishing the evidentiary facts underlying the
				imposition of a disciplinary sanction by a preponderance of the
				evidence.
(6) Imposition of
				disciplinary action for violation of the student conduct code shall be stayed
				pending appeal, unless respondent has been summarily suspended.
(7) The student conduct committee shall hear
				appeals from:
(a) The imposition of
				disciplinary suspensions in excess of ten instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the
				committee by the student conduct officer, the conduct review officer, or the
				president.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-110 - Brief adjudicative proceedings authorization

Current through Register Vol. 24-14, July 15, 2024
Brief adjudicative proceedings shall be used for student
				  conduct appeals involving the following disciplinary actions:
(1) Suspension of ten instructional days or
				less;
(2) Disciplinary
				probation;
(3) Written
				reprimands;
(4) Any conditions or
				terms imposed in conjunction with one of the foregoing disciplinary actions;
				and
(5) Appeals by a complainant in
				student disciplinary proceeding involving allegations of sexual misconduct in
				which the student conduct officer:
(a)
				Dismisses disciplinary proceedings based upon a finding that the allegations of
				sexual misconduct have no merit; or
(b) Issues a verbal warning to
				respondent.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-115 - 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. The conduct review officer shall not
				participate in any case in which they are a complainant or witness, or in which
				they have direct or personal interest, prejudice, or bias, or in which they
				have acted previously in an advisory capacity.
(2) The parties to a brief adjudicative
				proceeding are the respondent, the student conduct officer, and in cases
				involving sexual misconduct, the complainant. Before taking action, the conduct
				review officer shall conduct an informal hearing and provide each party (a) an
				opportunity to be informed of the agency's view of the matter and (b) an
				opportunity to explain the party's view of the matter.
(3) The conduct review officer shall serve an
				initial decision upon the respondent and the student conduct officer 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 ten days of service of the initial decision, the initial decision
				shall be deemed the final decision.
(4) In cases involving allegations of sexual
				misconduct, the conduct review officer, on the same date as the initial
				decision is served on the respondent, will serve a written notice upon the
				complainant informing the complainant whether the allegations of sexual
				misconduct were found to have merit and describing any disciplinary sanctions
				and/or conditions imposed upon the respondent for the complainant's protection.
				The notice will also inform the complainant of their appeal rights.
(5) 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 conduct committee for a disciplinary
				hearing.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-120 - 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 designee, provided a party files a written request for
				review with the conduct review officer within ten 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 all parties 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 or
				designee does not make a disposition of the matter within twenty 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 conduct
				committee for a disciplinary hearing.
(6) In cases involving allegations of sexual
				misconduct, the president, on the same date as the final decision is served on
				the respondent, will serve a written notice upon the complainant informing the
				complainant whether the allegations of sexual misconduct were found to have
				merit and describing any disciplinary sanctions and/or conditions imposed upon
				the respondent for the complainant's protection, including suspension or
				dismissal of the respondent. The notice will also inform the complainant of
				their appeal rights.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-125 - 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 (ASCC);
(b) Two
				faculty members appointed by the president; and
(c) One faculty member or administrator,
				other than an administrator serving as a student conduct or conduct review
				officer, appointed by the president to serve as the chair.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-135 - Student conduct committee hearings-Presentation of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the failure of any party to attend
				or participate in a hearing, the student conduct committee may either:
(a) Proceed with the hearing and issuance of
				its decision; or
(b) Serve a
				decision of default in accordance with
				RCW
				  34.05.440.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-140 - 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 sanction(s) or
				conditions, if any, as authorized in the student code. If the matter is an
				appeal by a party, the committee may affirm, reverse, or modify the
				disciplinary sanction and/or conditions imposed by the student conduct officer
				and/or impose additional disciplinary sanction(s) or conditions as authorized
				herein.
(4) The committee chair
				shall cause copies of the initial decision to be served on the parties and
				their legal counsel of record. The committee chair shall also promptly transmit
				a copy of the decision and the record of the committee's proceedings to the
				president.
(5) In cases involving
				allegations of sexual misconduct, the chair of the student conduct committee,
				on the same date as the initial decision is served on the respondent, will
				serve a written notice upon the complainant informing the complainant whether
				the allegations of sexual misconduct were found to have merit and describing
				any disciplinary sanctions and/or conditions imposed upon the respondent for
				the complainant's protection, including suspension or dismissal of the
				respondent. The complainant may appeal the student conduct committee's initial
				decision to the president subject to the same procedures and deadlines
				applicable to other parties. The notice will also inform the complainant of
				their appeal rights.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-145 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is aggrieved by the findings
				or conclusions issued by the student conduct committee may appeal the
				committee's initial decision to the president by filing a notice of appeal with
				the president's office within ten days of service of the committee's initial
				decision. Failure to file a timely appeal constitutes a waiver of the right and
				the initial decision shall be deemed final.
(2) The notice of appeal must identify the
				specific findings of fact and/or conclusions of law in the initial decision
				that are challenged and must contain argument why the appeal should be granted.
				If necessary to aid review, the president or designee may ask for additional
				briefing from the parties on issues raised on appeal. The president's or
				designee'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 or designee shall provide a
				written decision to the party and the student conduct officer within twenty
				days after receipt of the notice of appeal. The president's or designee's
				decision shall be final and shall include a notice of any rights to request
				reconsideration and/or judicial review.
(4) In cases involving allegations of sexual
				misconduct, the president or designee, on the same date that the final decision
				is served upon the respondent, shall serve a written notice informing the
				complainant of the final decision. This notice shall inform the complainant
				whether the sexual misconduct allegation was found to have merit and describe
				any disciplinary sanctions and/or conditions imposed upon the respondent for
				the complainant's protection, including suspension or dismissal of the
				respondent.
(5) The president or
				designee shall not engage in an ex parte communication with any of the parties
				regarding an appeal.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-150 - Summary suspension

Current through Register Vol. 24-14, July 15, 2024
(1) Summary
				suspension is a temporary exclusion from specified college premises or denial
				of access to all activities or privileges for which a respondent might
				otherwise be eligible, while an investigation and/or formal disciplinary
				procedures are pending.
(2) The
				student conduct officer may impose a summary suspension if there is probable
				cause to believe that the respondent:
(a) Has
				violated any provision of the code of conduct; and
(b) Presents an immediate danger to the
				health, safety or welfare of members of the college community; or
(c) Poses an ongoing threat of substantial
				disruption of, or interference with, the operations of the college.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-155 - Classroom misconduct and authority to suspend for no more than one day

Current through Register Vol. 24-14, July 15, 2024
(1) Faculty members have the authority to
				take appropriate action to maintain order and proper conduct in the classroom
				and to maintain the effective cooperation of students in fulfilling the
				objectives of the course.
(2)
				Bringing any person, thing, or object to a teaching and learning environment
				that may disrupt the environment or cause a safety or health hazard, without
				the express approval of the faculty member is expressly prohibited.
(3) Faculty members or college administrators
				have the right to suspend any student from any single class or related activity
				for no more than one instructional day, if the student's misconduct creates
				disruption to the point that it is difficult or impossible to maintain the
				decorum of the class, related activity, or the learning and teaching
				environment. The faculty member or college administrator shall report this
				suspension to the student conduct officer or designee on the same day of the
				suspension. In consultation with the faculty member, the student conduct
				officer may set conditions for the student upon return to the class or
				activity.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › HEARING PROCEDURES › Section 132N-126-160 - Sexual misconduct proceedings

Current through Register Vol. 24-14, July 15, 2024
Both the respondent and the complainant in cases involving
				  allegations of sexual misconduct shall be provided the same procedural rights
				  to participate in student discipline matters, including the right to
				  participate in the initial disciplinary decision-making process and to appeal
				  any disciplinary decision.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-200 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				  harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				  by the United States Department of Education. See  34 C.F.R. Part 106 . To the
				  extent these supplemental hearing procedures conflict with Clark College's
				  standard disciplinary procedures, WAC 132N-126-005 through 132N-126-155, these
				  supplemental procedures shall take precedence. The college may, at its own
				  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 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-205 - 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, Clark 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 Clark 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 eighteen.
(d) Statutory rape. Consensual sexual
				intercourse between someone who is eighteen years of age or older and someone
				who is under the age of sixteen.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-210 - 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 Clark 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 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-215 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
				the Title IX investigation report from the Title IX coordinator, the student
				conduct officer will independently review the report to determine whether there
				are sufficient grounds to pursue a disciplinary action against the respondent
				for engaging in prohibited conduct under Title IX.
(2) If the student conduct officer determines
				that there are sufficient grounds to proceed under these supplemental
				procedures, the student conduct officer will initiate a Title IX disciplinary
				proceeding by filing a written disciplinary notice with the chair of the
				student conduct committee and serving the notice on the respondent and the
				complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
				jurisdiction;
(b) Identify the
				alleged Title IX violation(s);
(c)
				Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions
				that may be imposed if the respondent is found responsible for the alleged
				violation(s); and
(e) Explain that
				the parties are entitled to be accompanied by their chosen advisors during the
				hearing and that:
(i) The advisors will be
				responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
				and
(iii) The college will appoint
				the party an advisor of the college's choosing at no cost to the party, if the
				party fails to do so.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-220 - Prehearing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
				the disciplinary notice, the chair of the student conduct committee will send a
				hearing notice to all parties, in compliance with WAC 132N-126-100. In no event
				will the hearing date be set less than ten days after the Title IX coordinator
				provided the final investigation report to the parties.
(2) A party may choose to have an attorney
				serve as their advisor at the party's own expense. This right will be waived
				unless, at least five days before the hearing, the attorney files a notice of
				appearance with the committee chair with copies to all parties and the student
				conduct officer.
(3) In preparation
				for the hearing, the parties will have equal access to all evidence gathered by
				the investigator during the investigation, regardless of whether Clark College
				intends to offer the evidence at the hearing.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-225 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) Clark
				College's student conduct procedures, WAC 132N-126-100 through 132N-126-155,
				and this supplemental procedure shall apply equally to all parties.
(2) The college bears the burden of offering
				and presenting sufficient testimony and evidence to establish that the
				respondent is responsible for a Title IX violation by a preponderance of the
				evidence.
(3) The respondent will
				be presumed not responsible until such time as the disciplinary process has
				been finally resolved.
(4) During
				the hearing, each party shall be represented by an advisor. The parties are
				entitled to an advisor of their own choosing and the advisor may be an
				attorney. If a party does not choose an advisor, then the Title IX coordinator
				will appoint an advisor of the college's choosing on the party's behalf at no
				expense to the party.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-230 - 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 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-235 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				complying with WAC 132N-126-130, the student conduct committee will be
				responsible for conferring and drafting an initial order that:
(a) Identifies the allegations of sexual
				harassment;
(b) Describes the
				grievance and disciplinary procedures, starting with filing of the formal
				complaint through the determination of responsibility, including notices to
				parties, interviews with witnesses and parties, site visits, methods used to
				gather evidence, and hearings held;
(c) Makes findings of fact supporting the
				determination of responsibility;
(d) Reaches conclusions as to whether the
				facts establish whether the respondent is responsible for engaging in sexual
				harassment in violation of Title IX;
(e) Contains a statement of, and rationale
				for, the committee's determination of responsibility for each
				allegation;
(f) Describes any
				disciplinary sanction or conditions imposed against the respondent, if
				any;
(g) Describes to what extent,
				if any, complainant is entitled to remedies designed to restore or preserve
				complainant's equal access to Clark College's educational programs or
				activities; and
(h) Describes the
				process for appealing the initial order to the Clark College
				president.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-126 - Student Code of Conduct › SUPPLEMENTAL STUDENT CONDUCT PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF VIOLATION OF TITLE IX › Section 132N-126-240 - 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 designee, based on
				their review of parties' submissions and the hearing or investigative record,
				will determine whether the grounds for appeal have merit, provide the rationale
				for this conclusion, and state whether a dismissal is affirmed or denied, or if
				the disciplinary sanction(s) and condition(s) imposed in the initial order are
				affirmed, vacated, or amended, and, if amended, set forth any new disciplinary
				sanction(s) and/or condition(s).
(5) 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 132N - Clark College › Chapter 132N-128 - Faculty tenure › Section 132N-128-122 - General statement of policy

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the board of trustees of Washington
				Community College District No. 14 that all matters relating to tenure and
				dismissals of academic employees shall be governed by the laws of the state of
				Washington and the terms of the negotiated agreement between the board and the
				duly elected academic employee bargaining agent as contained in that
				agreement.
Statutory Authority:
				  Chapters
				  28B.50 and
				  28B.10 RCW. 91-23-004, §
										132N-128-122, filed 11/7/91,
				  effective 12/8/91.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-010 - General - Use of college facilities

Current through Register Vol. 24-14, July 15, 2024
The college is committed to providing quality educational and
				cultural services to the college district. On this basis, college facilities
				are made available for use by organizations conducting educational, cultural,
				civic, or community activities. College-related activities of public
				educational, cultural, civic, or community service nature are given first
				priority consideration for the use of college facilities.
College facilities may be rented by for-profit, private, or
				not-for-profit entities, provided that the activity does not conflict with
				college functions and that charges reflecting the full cost of the facility
				usage are paid.
College facilities may not be used in ways that interfere with
				the college's teaching, research, public service, or support programs; conflict
				with published rules or regulations; or interfere with the flow of pedestrian
				or vehicular traffic.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-010, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-020 - Nondiscrimination

Current through Register Vol. 24-14, July 15, 2024
The college reserves the right to deny an application by any
				group, organization, or individual that discriminates in membership or limits
				participation in a manner inconsistent with the college's nondiscrimination
				policy.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-020, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-030 - Administrative control

Current through Register Vol. 24-14, July 15, 2024
The board of trustees delegates to the president authority to
				establish policies and procedures for proper review and approval of the use of
				college facilities, to establish regulations governing such use, and to
				establish and revise fee schedules for facilities use. Such policies and
				procedures may include, but are not limited to, building security, advertising
				or promotion, signage, use of bulletin boards and display racks, and the sale
				or distribution of retail and public information materials.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-030, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-040 - Reservations/fees

Current through Register Vol. 24-14, July 15, 2024
Reservations/fees and financial arrangements are made through
				the facilities use office and are not final until approved by that office.
				Exemptions to the published rental fee schedule may be authorized by the
				president or designee, if deemed to be in the best interests of the college,
				its faculty, staff, or students.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-040, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-050 - Responsibility/hold harmless

Current through Register Vol. 24-14, July 15, 2024
All groups using college facilities must identify one person or
				representative who is legally responsible for theft, damage, or claims to
				college equipment and/or facilities. This representative must report any damage
				or claims to the facilities use office.
Permission to use college facilities is with the express
				understanding and condition that the individual or organization assumes full
				responsibility for any loss, damage, or claims resulting from such use and
				agrees to hold harmless and indemnify the college against any loss or damage
				claim arising out of such use.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-050, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-060 - Proof of insurance

Current through Register Vol. 24-14, July 15, 2024
When an event in or on college facilities or grounds involves
				physical activity, or otherwise increases the risk of bodily injury above the
				level inherent in the facility to be used, the college may require users to
				furnish proof of liability insurance naming the college as an additional
				insured, with limits of not less than one million dollars per occurrence, prior
				to approval for the requested use.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-060, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-070 - Occupancy

Current through Register Vol. 24-14, July 15, 2024
At no time may the occupancy of a college facility exceed the
				maximum occupancy as defined by the fire marshal; the fire, life, and safety
				code; or as posted by the college.
Building occupants are required to comply with all fire,
				health, and safety rules and regulations. When a building is occupied, required
				exits and aisles may not be blocked or rendered inoperable.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-070, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-080 - Student occupancy and use

Current through Register Vol. 24-14, July 15, 2024
Students have the right of access to college facilities,
				subject to ordinary schedules, regulations, and administrative procedures
				governing each facility. When using college facilities, students have the
				responsibility to respect regulations and to comply with the spirit and intent
				of facilitating the educational purposes of the college. Students are subject
				to WAC 132N-120-065, Denial of access to Clark College.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-080, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-090 - Commercial use/solicitation

Current through Register Vol. 24-14, July 15, 2024
The use of college grounds or facilities for commercial or
				private gain is prohibited except where commercial activity, such as the sale
				of books, instructional supplies, or food, directly supports an instructional
				program or purpose or where limited sale is specifically authorized by written
				permission of the president or designee for the benefit of an approved college
				activity.
The distribution of materials on college property is subject to
				reasonable limitations as to time, place, and manner that are consistent with
				applicable federal and state law. Material that contains or constitutes
				unprotected speech or expression is not permitted on college property.
Solicitation in or on college-owned or college-operated
				facilities is expressly prohibited (unless at the specific request of the
				person or group being solicited) except by written permission of the president
				or designee, or when conducted pursuant to a contract, lease, or other formal
				arrangement with the college.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-090, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-100 - Bulletin boards

Current through Register Vol. 24-14, July 15, 2024
The college intends bulletin boards to be an effective means of
				communicating to students and employees important information from the college,
				college organizations, or public agencies serving students. Bulletin boards are
				not ordinarily to be used for commercial advertising.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-100, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-110 - Campus building exteriors/promotional materials and banners

Current through Register Vol. 24-14, July 15, 2024
Hanging signs, banners, or flyers on campus building exteriors
				and grounds, or otherwise marking campus surfaces for advertising or promotion,
				is prohibited. The facilities use office may authorize the use of outside
				banners at specified locations.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-110, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-120 - Responsibility for personal property

Current through Register Vol. 24-14, July 15, 2024
The college is not responsible for loss or damage to personal
				property brought onto the campus.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-120, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-130 - Alcohol consumption

Current through Register Vol. 24-14, July 15, 2024
Consumption of alcoholic beverages in or on college-owned or
				college-operated facilities is expressly prohibited unless approved by the
				president or designee.
All groups qualifying for use of alcoholic beverages must
				adhere to the rules and regulations set forth by the Washington state liquor
				control board and the Clark College board of trustees.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-130, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-140 - Food and beverages

Current through Register Vol. 24-14, July 15, 2024
Consumption of food and beverages may be prohibited in or on
				certain college facilities or grounds at the option of the
				administration.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-140, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-150 - Children on campus

Current through Register Vol. 24-14, July 15, 2024
Other than usage associated with the college's services for
				children and families and other specific college-sponsored programs for
				children, the general policy of the college is that its facilities are not
				available for unrestricted usage by children under sixteen years of age. In no
				cases are children permitted in college-owned or college-operated facilities
				(including the library, food services areas, lounges, and study areas) without
				supervision by an adult.
Children are not to be left unattended on campus grounds or in
				vehicles.
Children are permitted in classrooms only with the specific
				approval of the faculty member responsible for the class, on an emergency basis
				and for a specified, limited period of time.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-150, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-160 - Animals on campus

Current through Register Vol. 24-14, July 15, 2024
All animals (other than laboratory animals) on campus must be
				under the immediate physical control of the owner at all times, e.g., on leash
				or carried. Animals cannot be tied to buildings or fixtures, left unattended,
				or permitted to run at large on campus. Animals must remain outside campus
				buildings, with the exception of guide or service dogs and laboratory animals.
				Large animals are not allowed on campus grounds unless specifically approved by
				the president. A formal complaint may be filed with Clark County animal control
				authorities against violators of these rules.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-160, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-170 - Climbing on college buildings

Current through Register Vol. 24-14, July 15, 2024
College buildings, structures, and grounds may not be used for
				climbing, rappelling, jumping, or other such activities.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-170, filed 1/31/02,
				  effective 3/3/02.
Washington Administrative Code › Title 132N - Clark College › Chapter 132N-150 - College facilities › Section 132N-150-180 - Electronic devices

Current through Register Vol. 24-14, July 15, 2024
Radio transmitters, bull horns, amplifiers, and other
				electronic devices that disrupt college programs or operations are prohibited
				on college property.
Statutory Authority:
				  RCW
				  28B.50.140. 02-04-068, §
										132N-150-180, filed 1/31/02,
				  effective 3/3/02.