reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-125 - Code of student rights and responsibilities › Section 132A-125-110 - Supplemental complaint process

Current through Register Vol. 24-14, July 15, 2024
The following supplemental procedures shall apply with respect
				to complaints or other reports of alleged sexual misconduct by a
				student:
(1) The college's Title IX
			 coordinator or designee shall investigate complaints or other reports of
			 alleged sexual misconduct by a student. Investigations will be completed in a
			 timely manner and the results of the investigation shall be referred to the
			 student conduct officer for disciplinary action.
(2) Informal dispute resolution shall not be
			 used to resolve sexual misconduct complaints without written permission from
			 both the complainant and the respondent. If the parties elect to mediate a
			 dispute, either party shall be free to discontinue mediation at any time. In no
			 event shall mediation be used to resolve complaints involving allegations of
			 sexual violence.
(3) College
			 personnel will honor requests to keep sexual misconduct complaints confidential
			 to the extent this can be done without unreasonably risking the health, safety,
			 and welfare of the complainant or other members of the college community or
			 compromising the college's duty to investigate and process sexual harassment
			 and sexual violence complaints.
(4)
			 The student conduct officer, prior to initiating disciplinary action, will make
			 a reasonable effort to contact the complainant to discuss the results of the
			 investigation and possible disciplinary sanctions and/or conditions, if any,
			 that may be imposed upon the respondent if the allegations of sexual misconduct
			 are found to have merit.
(5) The
			 student conduct officer, on the same date that a disciplinary decision is
			 served on the respondent, will serve a written notice informing the complainant
			 whether the allegations of sexual misconduct were found to have merit, and
			 describing any disciplinary sanctions and/or conditions imposed upon the
			 respondent for the complainant's protection, including disciplinary suspension
			 or dismissal of the respondent. The notice will also inform the complainant of
			 his or her appeal rights. If protective sanctions and/or conditions are
			 imposed, the student conduct officer shall make a reasonable effort to contact
			 the complainant to ensure prompt notice of the protective disciplinary
			 sanctions and/or conditions.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-125 - Code of student rights and responsibilities › Section 132A-125-115 - Supplemental appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 following actions by the student conduct officer may be appealed by the
			 complainant:
(a) The dismissal of a sexual
			 misconduct complaint; or
(b) Any
			 disciplinary sanction(s) and conditions imposed against a respondent for a
			 sexual misconduct violation, including a disciplinary warning.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-005 - Preamble

Current through Register Vol. 24-14, July 15, 2024
Peninsula College is a diverse and dynamic learning community.
				As such, the college maintains a strong commitment to providing a learning
				environment that is civil and free from disruptive behavior. All members of the
				college community share in the responsibility to promote a positive learning
				environment, demonstrate mutual respect and dignity, and avoid adversarial
				relationships. Thus, students are expected to act as responsible members of
				this community, maintain a high degree of honesty and integrity, comply with
				the rules and regulations of the college, and respect the rights, privileges,
				and property of the college community.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-010 - 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 for student services 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply for the purposes 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) "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 ten
			 instructional days or an expulsion are heard by the student conduct appeals
			 board. Appeals of all other appealable disciplinary action shall be reviewed
			 through brief adjudicative proceedings.
(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) 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-020 - Statement of jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The Peninsula College code of student
			 rights and responsibilities shall apply to student conduct 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-025 - 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 that 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 that is free from unlawful discrimination,
			 inappropriate and disrespectful conduct, and any and all harassment, including
			 sexual harassment.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-030 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a student
				who commits, attempts to commit, aids, abets, incites, encourages or assists
				another person to commit an act(s) of misconduct, which include, but are not
				limited to, the following:
(1)
Academic dishonesty.
Any act of academic dishonesty including, but
			 not limited to, cheating, plagiarism, and fabrication.
(a) Cheating includes any attempt to give or
			 obtain unauthorized assistance relating to the completion of an academic
			 assignment.
(b) Plagiarism includes
			 taking and using as one's own, without proper attribution, the ideas, writings,
			 or work of another person in completing an academic assignment. Prohibited
			 conduct may also include the unauthorized submission for credit of academic
			 work that has been submitted for credit in another course.
(c) Fabrication includes falsifying data,
			 information, or citations in completing an academic assignment and also
			 includes providing false or deceptive information to an instructor concerning
			 the completion of an assignment.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-040 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) All disciplinary actions shall be
			 initiated by the student conduct officer. If that officer is the subject of a
			 complaint initiated by the respondent, the president shall, upon request and
			 when feasible, designate another person to fulfill any such disciplinary
			 responsibilities relative to the complainant.
(2) The student conduct officer shall
			 initiate disciplinary action by serving the respondent with written notice
			 directing him or her to attend a disciplinary meeting. The notice shall briefly
			 describe the factual allegations, the provision(s) of the conduct code the
			 respondent is alleged to have violated, the range of possible sanctions for the
			 alleged violation(s), and specify the time and location of the meeting. At the
			 meeting, the student conduct officer will present the allegations to the
			 respondent and the respondent shall be afforded an opportunity to explain what
			 took place. If the respondent fails to attend the meeting, the student conduct
			 officer may take disciplinary action based upon the available
			 information.
(3) 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 132A-126-035.
(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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-045 - Appeal of 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 the 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-050 - Brief adjudicative proceedings authorized

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) Suspensions 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 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 the
			 respondent.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-055 - 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.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-060 - Brief adjudicative proceedings-Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
			 decision is subject to review by the president, provided the respondent files a
			 written request for review with the conduct review officer within twenty-one
			 days of service of the initial decision.
(2) The president shall not participate in
			 any case in which he or she is a complainant or witness, or in which they have
			 direct or personal interest, prejudice, or bias, or in which they have acted
			 previously in an advisory capacity.
(3) During the review, the president shall
			 give each party an opportunity to file written responses explaining their view
			 of the matter and shall make any inquiries necessary to ascertain whether the
			 sanctions should be modified or whether the proceedings should be referred to
			 the student conduct committee for a formal adjudicative hearing.
(4) The decision on review must be in writing
			 and must include a brief statement of the reasons for the decision and must be
			 served on the parties within twenty days of the initial decision or of the
			 request for review, whichever is later. The decision on review will contain a
			 notice that judicial review may be available. A request for review may be
			 deemed to have been denied if the president does not make a disposition of the
			 matter within twenty days after the requestor 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 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-065 - 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-070 - Student conduct committee proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct committee shall
			 consist of five members:
(a) Two full-time
			 students appointed by the student government;
(b) Two faculty members appointed by the
			 president;
(c) One faculty member
			 or administrator (other than an administrator serving as a student conduct or
			 conduct review officer) appointed by the president at the beginning of the
			 academic year.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-075 - Appeal-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) Proceedings of the student conduct
			 committee shall be governed by the Administrative Procedure Act, chapter 34.05
			 RCW.
(2) The student conduct
			 committee chair shall serve all parties with written notice of the hearing not
			 less than seven days in advance of the hearing date, as further specified in
			 RCW
			   34.05.434 and WAC
			 10-08-040
			 and
			 10-08-045.
			 The chair may shorten this notice period if both parties agree, and also may
			 continue the hearing at a later time for good cause shown.
(3) The committee chair is authorized to
			 conduct prehearing conferences and/or to make prehearing decisions concerning
			 the extent and form of any discovery, issuance of protective decisions, and
			 similar procedural matters.
(4)
			 Upon request, filed at least five days before the hearing by any party or at
			 the direction of the committee chair, the parties shall exchange, no later than
			 the third day prior to the hearing, lists of potential witnesses and copies of
			 potential exhibits that they reasonably expect to present to the committee.
			 Failure to participate in good faith in such a requested exchange may be cause
			 for exclusion from the hearing of any witness or exhibit not disclosed, absent
			 a showing of good cause for such failure.
(5) The committee chair may provide to the
			 committee members in advance of the hearing copies of:
(a) The conduct officer's notification of
			 imposition of discipline (or referral to the committee); and
(b) The notice of appeal (or any response to
			 referral) by the respondent. If doing so, however, the chair should remind the
			 members that these "pleadings" are not evidence of any facts they may
			 allege.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-080 - 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-085 - 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 the respondent, the committee may affirm, reverse, or modify the
			 disciplinary sanction and/or conditions imposed by the student conduct officer
			 and/or impose additional disciplinary sanction(s) or conditions as authorized
			 herein.
(4) The committee chair
			 shall cause copies of the initial decision to be served on the parties and
			 their legal counsel of record. The committee chair shall also promptly transmit
			 a copy of the decision and the record of the committee's proceedings to the
			 president.
(5) In cases involving
			 allegations of sexual misconduct, the chair of the student conduct committee,
			 on the same date as the initial decision is served on the respondent, will
			 serve a written notice upon the complainant informing the complainant whether
			 the allegations of sexual misconduct were found to have merit and describing
			 any disciplinary sanctions and/or conditions imposed upon the respondent for
			 the complainant's protection, including suspension or dismissal of the
			 respondent. Complainant may appeal the student conduct committee's initial
			 decision to the president subject to the same procedures and deadlines
			 applicable to other parties. The notice will also inform the complainant of
			 their appeal rights.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-090 - Appeal from student conduct committee initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is
			 aggrieved by the findings or conclusions issued by the student conduct
			 committee may appeal the committee's initial decision to the president by
			 filing a notice of appeal with the president's office within ten days of
			 service of the committee's initial decision. Failure to file a timely appeal
			 constitutes a waiver of the right and the initial decision shall be deemed
			 final.
(2) The notice of appeal
			 must identify the specific findings of fact and/or conclusions of law in the
			 initial decision that are challenged and must contain argument why the appeal
			 should be granted. If necessary to aid review, the president may ask for
			 additional briefing from the parties on issues raised on appeal. The
			 president's review shall be restricted to the hearing record made before the
			 student conduct committee and will normally be limited to a review of those
			 issues and arguments raised in the notice of appeal.
(3) The president shall provide a written
			 decision to all parties within twenty days after receipt of the notice of
			 appeal. The president's decision shall be final and shall include a notice of
			 any rights to request reconsideration and/or judicial review.
(4) In cases involving allegations of sexual
			 misconduct, the 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-095 - 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-100 - 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-200 - Supplemental Title IX student conduct procedures-Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				by the United States Department of Education. See  34 C.F.R. Part 106 . To the
				extent these supplemental hearing procedures conflict with the college's
				standard disciplinary procedures, WAC 132A-126-005 through 132A-126-095, these
				supplemental procedures shall take precedence.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-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, the college may
				impose disciplinary sanctions against a student who commits, attempts to
				commit, or aids, abets, incites, encourages, or assists another person to
				commit, an act(s) of "sexual harassment."
For purposes of this supplemental procedure, "sexual
				harassment" encompasses the following conduct:
(1) Quid pro quo harassment. A college
			 employee conditioning the provision of an aid, benefit, or service of the
			 college on an individual's participation in unwelcome sexual conduct.
(2) Hostile environment. Unwelcome conduct
			 that a reasonable person would find to be so severe, pervasive, and objectively
			 offensive that it effectively denies a person equal access to the college's
			 educational programs or activities, or employment.
(3) Sexual assault. Sexual assault includes
			 the following conduct:
(a) Nonconsensual
			 sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or
			 vaginal), however slight, with any object or body part, by a person upon
			 another person, that is without consent and/or by force. Sexual intercourse
			 includes anal or vaginal penetration by a penis, tongue, finger, or object, or
			 oral copulation by mouth to genital contact or genital to mouth
			 contact.
(b) Nonconsensual sexual
			 contact. Any actual or attempted sexual touching, however slight, with any body
			 part or object, by a person upon another person that is without consent and/or
			 by force. Sexual touching includes any bodily contact with the breasts, groin,
			 mouth, or other bodily orifice of another individual, or any other bodily
			 contact in a sexual manner.
(c)
			 Incest. Sexual intercourse or sexual contact with a person known to be related
			 to them, either legitimately or illegitimately, as an ancestor, descendant,
			 brother, or sister of either wholly or half related. Descendant includes
			 stepchildren and adopted children under the age of 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-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 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-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);
(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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-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 132A-126-040. 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-225 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The college's student conduct procedures,
			 WAC 132A-126-040 through 132A-126-095, 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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-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 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-235 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 addition to complying with WAC 132A-126-055, the student conduct committee will
			 be responsible for conferring and drafting an initial order that:
(a) Identifies the allegations of sexual
			 harassment;
(b) Describes the
			 grievance and disciplinary procedures, starting with filing of the formal
			 complaint through the determination of responsibility, including notices to
			 parties, interviews with witnesses and parties, site visits, methods used to
			 gather evidence, and hearings held;
(c) Makes findings of fact supporting the
			 determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the committee's determination of responsibility for each
			 allegation;
(f) Describes any
			 disciplinary sanction or conditions imposed against the respondent, if
			 any;
(g) Describes to what extent,
			 if any, complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to the college's education programs or activities;
			 and
(h) Describes the process for
			 appealing the initial order to the college president.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-126 - Code of student rights and responsibilities › Section 132A-126-240 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 parties shall have the right to appeal from the initial order's determination
			 of responsibility and/or dismissal of an allegation(s) of sexual harassment in
			 a formal complaint. The right to appeal will be subject to the same procedures
			 and time frames set forth in WAC 132A-126-060.
(2) The president or their delegate will
			 determine whether the grounds for appeal have merit, provide the rationale for
			 this conclusion, and state whether the disciplinary sanction and condition(s)
			 imposed in the initial order are affirmed, vacated, or amended, and, if
			 amended, set forth any new disciplinary sanction and/or condition(s).
The president's office shall serve the final decision on the
				parties simultaneously.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-130 - Tuition and fee schedule › Section 132A-130-010 - Tuition and fee schedules

Current through Register Vol. 24-14, July 15, 2024
Chapter 28B.15 RCW sets the parameters for
				tuition and fee levels at state community colleges. The legislature establishes
				the tuition and fee rates each biennium. The tuition and fee rates charged by
				Peninsula College are based on this legislation. The specific amounts to be
				charged are transmitted to Peninsula College by the state board for community
				college education.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-130-010, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-130 - Tuition and fee schedule › Section 132A-130-020 - Location of schedules

Current through Register Vol. 24-14, July 15, 2024
Additional and detailed information and specific amounts to be
				charged for each category of students will be found in the class schedule and
				at the following locations on the Peninsula campus:
(1) The office of admissions;
(2) The registration and records
			 office;
(3) The controller's
			 office;
(4) The continuing
			 education office;
(5) The financial
			 aid office.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-130-020, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-130 - Tuition and fee schedule › Section 132A-130-030 - Tuition and fee waivers

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Peninsula may periodically establish tuition and fee waivers as authorized by
			 state law and by the state board for community and technical colleges. This
			 will be done in accordance with chapter 131-28 WAC and under regular college
			 fiscal processes. Information regarding specific waivers will be available as
			 provided in WAC
			 132A-130-020.
(2) Upon an applicant's request, individual
			 determinations on tuition and fee waivers will be reviewed by the college
			 (registrar), in a brief adjudicative proceeding under
			 RCW
			   34.05.482 through
			 34.05.494.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-130-030, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-131 - Scholarships and financial aid › Section 132A-131-010 - Scholarships

Current through Register Vol. 24-14, July 15, 2024
Detailed information concerning the criteria, eligibility,
				procedures for application and other information regarding scholarships may be
				obtained from the following address: Peninsula College, Attention:
				Scholarships, 1502 E. Lauridsen Blvd., Port Angeles, WA
				98362.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-131-010, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-131 - Scholarships and financial aid › Section 132A-131-020 - Financial aid

Current through Register Vol. 24-14, July 15, 2024
Federal, state, and private financial aid applications and
				information may be obtained from the following address: Peninsula College,
				Attention: Financial Aid, 1502 E. Lauridsen Blvd., Port Angeles, WA
				98362.
Award of federal and state aid will be made in accordance with
				applicable federal and state laws and regulations.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-131-020, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-133 - Organization › Section 132A-133-020 - Organization - Operation - Information

Current through Register Vol. 24-14, July 15, 2024
(1) Organization. Peninsula College,
			 Community College District No. 1, is established in
			 Title
			 28B RCW as a public
			 institution of higher education. The institution is governed by a five-member
			 board of trustees appointed by the governor. The board employs a president, who
			 acts as the chief executive officer of the institution. The president
			 establishes the structure of the administration.
(2) Operation. The administrative office is
			 located at the following address:
1502 E. Lauridsen Boulevard
Port Angeles, WA 98362
Customary office hours are 9:00 a.m. to noon and from 1:00 p.m.
				to 4:00 p.m., Monday through Friday, excluding legal holidays.
(3) Information. Additional and detailed
			 information concerning educational offerings may be obtained from the college
			 catalog, copies of which are available at the following address:
1502 E. Lauridsen Boulevard
Port Angeles, WA 98362
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-133-020, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-140 - Use of college facilities › Section 132A-140-001 - Use of college facilities

Current through Register Vol. 24-14, July 15, 2024
Community College District No. 1 serves Clallam and east
				Jefferson counties by providing continued educational opportunities for their
				citizens. In keeping with this general purpose, the college offers its
				facilities for a variety of uses of benefit to the general public, provided
				that such uses do not interfere with the educational mission of the college.
				However, as a state agency, Peninsula College is under no obligation to make
				its public facilities available for private purposes.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-140-001, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-140 - Use of college facilities › Section 132A-140-006 - Distribution of material on campus

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The college reserves the right to control and regulate the distribution of
			 materials which might interfere with the college's educational
			 mission.
(2) Off-campus and
			 nonstudent groups or individuals must register with and obtain the approval of
			 the director of student activities before distributing handbills, leaflets, or
			 similar materials.
(3) Such
			 materials must identify the publishing agency and distributing organization or
			 individual.
Statutory Authority:
				  RCW
				  28B.50.140 and
				  chapter
				  28B.50 RCW. 99-15-072,
				  §
										132A-140-006, filed 7/20/99,
				  effective 8/20/99.
Washington Administrative Code › Title 132A - Peninsula College › Chapter 132A-140 - Use of college facilities › Section 132A-140-011 - Use of facilities

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 buildings, properties, and facilities of the college, including those assigned
			 to student programs, may be used for:
(a) The
			 regularly established teaching, research, or public service activities of the
			 college and its departments or related agencies.
(b) Cultural, educational, or recreational
			 activities of the students, faculty, or staff.
(c) Short courses, conferences, seminars, or
			 similar events conducted either in the public service or for the advancement of
			 specific departmental professional interests when arranged under the
			 sponsorship of the college or its departments.
(d) Public events of a cultural or
			 professional nature, brought to the campus at the request of college
			 departments or committees and presented with their active
			 participation.
(e) Activities or
			 programs sponsored by educational institutions, by state or federal agencies,
			 by charitable agencies or civic or community organizations whose activities are
			 of widespread public service and of a character appropriate to the
			 college.