reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-300 - Grievance policies and procedures - Discrimination › Section 495D-300-020 - Informal procedure

Current through Register Vol. 24-14, July 15, 2024
All employees and students should feel free to discuss
				perceived discrimination with the individual immediately in charge, such as the
				first-line supervisor or instructor, to see if the situation can be resolved
				informally. Employees and students may also consult directly with the college
				affirmative action officer, or coordinator for disabled student services for
				grievances related to handicap/disability, without making a formal written
				complaint, and this consultation will be considered confidential. Employees and
				students are not required to use the informal process and may go directly to
				the formal procedure.
Any college official receiving a discrimination complaint shall
				contact the affirmative action officer or designee as soon as reasonably
				convenient. The college official shall arrange for the complainant to receive a
				copy of the grievance procedure.
Statutory Authority:
				  RCW
				  28B.50.140. 92-15-081, §
										495D-300-020, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-300 - Grievance policies and procedures - Discrimination › Section 495D-300-040 - Other remedies

Current through Register Vol. 24-14, July 15, 2024
These procedures outlined in WAC
				495D-300-010 through
				495D-300-030, are internal
				college procedures and, as such, serve to resolve complaints within the
				college's administrative framework. These procedures do not replace an
				individual's timely complaint with an external agency such as the Office of
				Civil Rights, Equal Employment Opportunity Commission, or the Washington state
				human rights commission.
Statutory Authority:
				  RCW
				  28B.50.140. 92-15-081, §
										495D-300-040, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-325 - State Environmental Policy Act rules › Section 495D-325-010 - Implementation of State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the policy of Lake Washington
			 Institute of Technology District 26 that all actions taken by the district
			 shall comply with the provisions of
			 chapter
			 43.21C RCW (the State
			 Environmental Policy Act), chapters 197-11 and 131-24 WAC.
(2) The president of the district or his or
			 her designee shall be responsible for administering and implementing this
			 policy.
Statutory Authority:
				  RCW
				  28B.50.140(13). 11-19-083,
				  §
										495D-325-010, filed 9/20/11,
				  effective 10/21/11. Statutory Authority:
				  RCW
				  28B.50.140. 03-01-070, §
										495D-325-010, filed 12/12/02,
				  effective 1/12/03; 92-15-081, §
										495D-325-010, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-104 - Board of trustees › Section 495E-104-020 - Request for items to be placed on board agenda

Current through Register Vol. 24-14, July 15, 2024
Anyone, other than a board member or a representative of the
				president's office wishing an item placed on the agenda of a board meeting,
				must have a written request in the office of the president no later than twelve
				o'clock noon five working days before the next scheduled meeting of the board.
				The president and the board chair will determine whether the item is to be
				placed on the agenda. The chair or a designee will notify the individual
				initiating the request as to whether or not the item will be placed on the
				agenda.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  42.30.070. 93-13-104, §
										495E-104-020, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-104 - Board of trustees › Section 495E-104-030 - Delegation to college president

Current through Register Vol. 24-14, July 15, 2024
The board of trustees delegates to the college president its
				authority and responsibility to administer Renton Technical College in
				accordance with laws, policies, and rules approved or sanctioned by the board
				of trustees. At the operational level, the president has final administrative
				authority over all matters affecting the college district.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  42.30.070. 93-13-104, §
										495E-104-030, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-010 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure adopted by the chief
				administrative law judge pursuant to
				RCW
				 34.05.250 are adopted for use at this
				college. Those rules may be found in chapter 10-08 WAC. Other procedural rules
				adopted in this title are supplementary to the model rules of procedure. In the
				case of a conflict between the model rules of procedure and procedural rules
				adopted by this college, the college rules prevail.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-010, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-020 - Appointment of residing officers

Current through Register Vol. 24-14, July 15, 2024
The president or president's designee shall designate a
				presiding officer for an adjudicative proceeding except as otherwise provided
				by a college rule. Where more than one individual is designated to be the
				presiding officer, one such individual shall be designated by the president or
				president's designee, if not by college rule, to make decisions concerning
				discovery, closure, means of recording adjudicative proceedings, and similar
				matters.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-020, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-030 - Method of recording

Current through Register Vol. 24-14, July 15, 2024
Proceedings shall be recorded by a method determined by the
				presiding officer, from among those available under the model rules of
				procedure.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-030, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-040 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
An application for adjudicative proceeding shall be in writing.
				Application forms are available at the following address: 3000 Northeast Fourth
				Street, Renton, Washington 98056-4195.
Written application for an adjudicative proceeding must be
				submitted to the above address within twenty days of the agency action giving
				rise to the application, unless provided for otherwise by statute or
				rule.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-040, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-050 - Brief adjudicative procedure

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted in accordance with
				RCW
				 34.05.482 through
				34.05.494, the provisions of which
				are adopted by reference. Brief adjudicative procedures shall be used in all
				matters related to:
(1) Residency
			 determinations;
(2) Challenges to
			 contents of education records;
(3)
			 Student conduct proceedings, except as provided in another rule;
(4) Parking and traffic violations;
(5) Outstanding debts owed by present or
			 former students or employees;
(6)
			 Loss of eligibility for participation in college-sponsored
			 activities.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-050, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-060 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Discovery in adjudicative proceedings may be permitted at the
				discretion of the presiding officer. In permitting discovery, the presiding
				officer shall refer to the civil rules of procedure. The presiding officer may
				control the frequency and nature of discovery permitted, and order discovery
				conferences to discuss discovery issues.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-060, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-070 - Procedure for closing parts of the hearings

Current through Register Vol. 24-14, July 15, 2024
Any party may apply for a protective order to close part of a
				hearing. The party making the request shall state the reasons for making the
				application to the presiding officer, and serve copies on all other parties. If
				another party opposes the request, a written response to the request shall be
				made within ten days of the request to the presiding officer. The presiding
				officer shall determine which, if any, parts of the proceeding shall be closed,
				and state the reasons in writing within twenty days of receiving the
				request.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-070, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-108 - Practice and procedure › Section 495E-108-080 - Recording devices

Current through Register Vol. 24-14, July 15, 2024
No cameras or recording devices are allowed in those parts of
				proceedings that the presiding officer has determined shall be closed under WAC
				495E-108-070, except for the
				method of official recording selected by the college.
Statutory Authority:
				  RCW
				  28B.50.140,
				  34.05.220, [34.05].250,
				  [34.05].413, [34.05].425, [34.05].446 and [34.05].482. 93-13-105, §
										495E-108-080, filed 6/21/93,
				  effective 7/22/93.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT CONDUCT CODE › Section 495E-110-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The board of trustees, acting pursuant to
				  RCW
				   28B.50.140(14), delegates to
				  the president of the college the authority to administer disciplinary action.
				  Administration of the disciplinary procedures is the responsibility of the vice
				  president of student affairs or their designee. The student conduct officer
				  shall serve as the principal investigator and administrator for alleged
				  violations of this code.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT CONDUCT CODE › Section 495E-110-020 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT CONDUCT CODE › Section 495E-110-030 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a
				  student or student group, who commits, attempts to commit, aids, abets,
				  incites, encourages or assists another person to commit, an act(s) of
				  misconduct, which include, but are not limited to, the following:
(1)
Academic dishonesty.
Any act
				of academic dishonesty including, but not limited to, cheating, plagiarism, and
				fabrication.
(a) Cheating includes any attempt
				to give or obtain unauthorized assistance relating to the completion of an
				academic assignment.
(b) Plagiarism
				includes taking and using as one's own, without proper attribution, the ideas,
				writings, or work of another person in completing an academic assignment.
				Prohibited conduct may also include the unauthorized submission for credit of
				academic work that has been submitted for credit in another course.
(c) Fabrication includes falsifying data,
				information, or citations in completing an academic assignment and also
				includes providing false or deceptive information to an instructor concerning
				the completion of an assignment.
(d) Academic consequences for academic
				dishonesty or abetting in academic dishonesty may be imposed at the discretion
				of a faculty member up to and including a failing grade for the course.
				Students should refer to each faculty course syllabus. Further academic
				consequences may follow consistent with the provisions in any program handbook.
				Incidents of academic dishonesty may also be referred to the student conduct
				officer for disciplinary action consistent with this chapter in addition to the
				academic consequences identified above.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT CONDUCT CODE › Section 495E-110-040 - Disciplinary sanctions and terms and conditions

Current through Register Vol. 24-14, July 15, 2024
(1) The following disciplinary sanctions may
				be imposed upon students found to have violated the student conduct code.
(a)
Disciplinary warning.
A
				verbal statement to a student that there is a violation and that continued
				violation may be cause for further disciplinary action.
(b)
Written reprimand.
Notice in
				writing that the student has violated one or more terms of this code of conduct
				and that continuation of the same or similar behavior may result in more severe
				disciplinary action.
(c)
Disciplinary probation.
Formal action placing specific conditions
				and restrictions upon the student's continued attendance depending upon the
				seriousness of the violation and which may include a deferred disciplinary
				sanction. If the student subject to a deferred disciplinary sanction is found
				in violation of any college rule during the time of disciplinary probation, the
				deferred disciplinary sanction which may include, but is not limited to, a
				suspension or a dismissal from the college, shall take effect immediately
				without further review. Any such sanction shall be in addition to any sanction
				or conditions arising from the new violation. Probation may be for a limited
				period of time or may be for the duration of the student's attendance at the
				college.
(d)
Disciplinary
				suspension.
Dismissal from the college and from the student status for a
				stated period of time. There will be no refund of tuition or fees for the
				quarter in which the action is taken.
(e)
Dismissal.
The revocation of
				all rights and privileges of membership in the college community and exclusion
				from the campus and college-owned or controlled facilities without any
				possibility of return. There will be no refund of tuition or fees for the
				quarter in which the action is taken.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-045 - 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
				495E-110-030(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
				anti-hazing 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-050 - Statement of jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The student
				conduct code shall apply to conduct by students and student groups that occurs:
(a) On college premises;
(b) At or in connection with
				college-sponsored activities; or
(c) To off-campus conduct that in the
				judgment of the college adversely affects the college community or the pursuit
				of its objectives.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-060 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for purpose of this
				  student conduct code:
(1) "Business
				day" means a weekday, excluding weekends and college holidays.
(2) "College premises" shall include all
				campuses of the college, wherever located, and includes all land, buildings,
				facilities, vehicles, equipment, and other property owned, used, or controlled
				by the college.
(3) A "complainant"
				is an alleged victim of sexual misconduct.
(4) "Conduct review officer" is the vice
				president of student services or other college administrator designated by the
				president to be responsible for receiving and for reviewing or referring
				appeals of student disciplinary actions in accordance with the procedures of
				this code.
(5) "Disciplinary
				action" is the process by which the student conduct officer imposes discipline
				against a student for a violation of the student conduct code.
(6) "Disciplinary appeal" is the process by
				which an aggrieved student can appeal the discipline imposed by the student
				conduct officer. Disciplinary appeals from a suspension in excess of 10
				instructional days or an expulsion are heard by the student conduct appeals
				board. Appeals of all other appealable disciplinary action shall be reviewed
				through brief adjudicative proceedings.
(7) "Filing" is the process by which a
				document is officially delivered to a college official responsible for
				facilitating a disciplinary review. Unless otherwise provided, filing shall be
				accomplished by:
(a) Hand delivery of the
				document to the specified college official or college official's assistant;
				or
(b) By sending the document by
				email and first class mail to the specified college official's office and
				college email address.
Papers required to be filed shall be deemed filed upon actual
				  receipt during office hours at the office of the specified college
				  official.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-070 - Initiation of disciplinary actions

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, 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 his or her decision, the specific
				student conduct code provisions found to have been violated, the discipline
				imposed, if any, and a notice of any appeal rights with an explanation of the
				consequences of failing to file a timely appeal.
(5) The student conduct officer may take any
				of the following disciplinary actions:
(a)
				Exonerate the respondent and terminate the proceedings.
(b) Impose a disciplinary sanction(s), as
				described in WAC
				495E-110-040.
(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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-080 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-090 - 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 he or she is a complainant or witness, or in
				which they have direct or personal interest, prejudice, or bias, or in which
				they have acted previously in an advisory capacity.
(2) The parties to a brief adjudicative
				proceeding are the respondent, the student conduct officer, and in cases
				involving sexual misconduct, the complainant. Before taking action, the conduct
				review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
				agency's view of the matter; and
(b) An opportunity to explain the party's
				view of the matter.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-100 - 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 ten days of
				service of the initial decision.
(2) The president 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.
(3) During the review, the president shall
				give each party an opportunity to file written responses explaining their view
				of the matter and shall make any inquiries necessary to ascertain whether the
				sanctions should be modified or whether the proceedings should be referred to
				the student conduct committee for a formal adjudicative hearing.
(4) The decision on review must be in writing
				and must include a brief statement of the reasons for the decision and must be
				served on the parties within twenty days of the initial decision or of the
				request for review, whichever is later. The decision on review will contain a
				notice that judicial review may be available. A request for review may be
				deemed to have been denied if the president does not make a disposition of the
				matter within twenty days after the request is submitted.
(5) If the president upon review determines
				that the respondent's conduct may warrant imposition of a disciplinary
				suspension of more than ten instructional days or expulsion, the matter shall
				be referred to the student conduct committee for a disciplinary
				hearing.
(6) In cases involving
				allegations of sexual misconduct, the president, on the same date as the final
				decision is served on the respondent, will serve a written notice upon the
				complainant informing the complainant whether the allegations of sexual
				misconduct were found to have merit and describing any disciplinary sanctions
				and/or conditions imposed upon the respondent for the complainant's protection,
				including suspension or dismissal of the respondent. The notice will also
				inform the complainant of their appeal rights.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-110 - 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; and
(c) One faculty
				member or administrator (other than an administrator serving as a student
				conduct or conduct review officer) appointed by the president at the beginning
				of the academic year.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-130 - Student conduct committee hearings-Presentations of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
				failure of any party to attend or participate in a hearing, the student conduct
				committee may either:
(a) Proceed with the
				hearing and issuance of its decision; or
(b) Serve a decision of default in accordance
				with
				RCW
				 34.05.440.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-140 - 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 sanc-tion(s) or
				conditions (if any) as authorized in the student code. If the matter is an
				appeal by the respondent, the committee may affirm, reverse, or modify the
				disciplinary sanction and/or conditions imposed by the student conduct officer
				and/or impose additional disciplinary sanction(s) or conditions as authorized
				herein.
(4) The committee chair
				shall cause copies of the initial decision to be served on the parties and
				their legal counsel of record. The committee chair shall also promptly transmit
				a copy of the decision and the record of the committee's proceedings to the
				president.
(5) In cases involving
				allegations of sexual misconduct, the chair of the student conduct committee,
				on the same date as the initial decision is served on the respondent, will
				serve a written notice upon the complainant informing the complainant whether
				the allegations of sexual misconduct were found to have merit and describing
				any disciplinary sanctions and/or conditions imposed upon the respondent for
				the complainant's protection, including suspension or dismissal of the
				respondent. 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-150 - 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 or designee within ten days of service of the
				committee's initial decision. Failure to file a timely appeal constitutes a
				waiver of the right and the initial decision shall be deemed final.
(2) The notice of appeal must identify the
				specific findings of fact and/or conclusions of law in the initial decision
				that are challenged and must contain argument why the appeal should be granted.
				If necessary to aid review, the president may ask for additional briefing from
				the parties on issues raised on appeal. The president's review shall be
				restricted to the hearing record made before the student conduct committee and
				will normally be limited to a review of those issues and arguments raised in
				the notice of appeal.
(3) The
				president shall provide a written decision to the party and the student conduct
				officer within twenty days after receipt of the notice of appeal. The
				president's decision shall be final and shall include a notice of any rights to
				request reconsideration and/or judicial review.
(4) In cases involving allegations of sexual
				misconduct, the president, 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 shall not engage in an ex
				parte communication with any of the parties regarding an appeal.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › STUDENT HEARING PROCEDURES › Section 495E-110-160 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-210 - 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.
(1) Brief adjudicative proceedings shall be
				used, unless provided otherwise by another rule or determined otherwise in a
				particular case by the president, or a designee, in regard to:
(a) Parking violations;
(b) Outstanding debts owed by students or
				employees;
(c) Use of college
				facilities;
(d) Residency
				determinations;
(e) Use of library
				- Fines;
(f) Challenges to contents
				of education records;
(g) Loss of
				eligibility for participation in institution sponsored athletic
				events;
(h) Student conduct appeals
				involving the following disciplinary actions:
(i) Suspensions of ten instructional days or
				less;
(ii) Disciplinary
				probation;
(iii) Written
				reprimands;
(iv) Any conditions or
				terms imposed in conjunction with one of the foregoing disciplinary actions;
				and
(v) Appeals by a complainant in
				student disciplinary proceedings 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.
(i) Appeals of decisions regarding mandatory
				tuition and fee waivers.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-220 - Brief adjudicative proceedings-Agency record

Current through Register Vol. 24-14, July 15, 2024
The agency record for brief adjudicative proceedings shall
				  consist of any documents regarding the matter that were considered or prepared
				  by the presiding officer for the brief adjudicative proceeding or by the
				  reviewing officer for any review. These records shall be maintained as the
				  official record of the proceedings.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-225 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-230 - 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
				  495E-110-010 through
				  495E-110-220,
				  these supplemental procedures shall take precedence.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-240 - 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 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-250 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-260 - 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 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-270 - 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
				495E-110-120.
				In no event will the hearing date be set less than ten days after the Title IX
				coordinator provided the final investigation report to the parties.
(2) A party may choose to have an attorney
				serve as their advisor at the party's own expense. This right will be waived
				unless, at least five days before the hearing, the attorney files a notice of
				appearance with the committee chair with copies to all parties and the student
				conduct officer.
(3) In preparation
				for the hearing, the parties will have equal access to all evidence gathered by
				the investigator during the investigation, regardless of whether the college
				intends to offer the evidence at the hearing.
Washington Administrative Code › Title 495E - Renton Technical College › Chapter 495E-110 - Student conduct code and hearing procedures › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) AUTHORIZATION › Section 495E-110-280 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				college's student conduct procedures 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.