reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-040 - 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
			 official"
is an employee of the college performing assigned
			 administrative, security, professional, or paraprofessional duties.
(3)
"College premises"
shall
			 include all campuses of the college, wherever located, and includes all land,
			 buildings, facilities, vehicles, equipment, other property owned, used, or
			 controlled by the college, study abroad program, retreat, and conference sites,
			 and college-sponsored and/or college-hosted online platforms.
(4)
"Complainant"
is a student
			 or another member of the college community who is allegedly directly affected
			 by a reported violation of this student conduct code. The complainant may be
			 the reporting party, but not necessarily; witnesses or other third parties may
			 report concerns. In any case involving a report of sexual misconduct as defined
			 in this student conduct code, a complainant is afforded certain rights under
			 this student conduct code including, but not limited to:
(a) The right to be informed of all orders
			 issued in the disciplinary case in which this person is a
			 complainant;
(b) The right to
			 appeal a disciplinary decision; and
(c) The right to be accompanied by a process
			 advisor.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-100 - Prohibited student conduct

Current through Register Vol. 24-14, July 15, 2024
The college may impose disciplinary sanctions against a student
				who commits or attempts to commit, or aids, abets, incites, encourages, or
				assists another person to commit the following acts of misconduct:
(1)
Abuse of others.
Assault,
			 physical abuse, verbal abuse, threat(s), intimidation, or other conduct that
			 harms, threatens, or is reasonably perceived as threatening the health or
			 safety of another person or another person's property unless otherwise
			 protected by law.
(2)
Abuse
			 in later life.
(a) Neglect,
			 abandonment, economic abuse, or willful harm of an adult aged 50 or older by an
			 individual in an ongoing relationship of trust with the victim; or
(b) Domestic violence, dating violence,
			 sexual assault, or stalking of an adult aged 50 or older by any individual;
			 and
(c) Does not include
			 self-neglect.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-110 - Disciplinary sanctions-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 they are violating or have violated the
			 student conduct code and that continuation of the same or similar behavior may
			 result in more severe discipline.
(b)
Written reprimand.
Notice in
			 writing that the student has violated one or more terms of the student conduct
			 code 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, which may include a deferred disciplinary
			 sanction.
(i) Probation may be for a limited
			 period of time or may be for the duration of the student's attendance at the
			 college.
(ii) 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.
(d)
Disciplinary suspension.
Separation from the college and from the student status for a stated period of
			 time.
(i) There will be no refund of tuition
			 or fees for the quarter in which the action is taken.
(ii) Conditions of suspension may be imposed
			 and will be specified. Except as otherwise specified in the final order, all
			 conditions must be fulfilled before the end of the suspension period. Failure
			 to fulfill all conditions of suspension in a timely manner will extend the
			 suspension period and any conditions, and may result in additional disciplinary
			 sanctions.
(iii) The college may
			 put a conduct hold in place during the suspension period.
(e)
Dismissal.
The revocation of
			 all rights and privileges of membership in the college community and exclusion
			 from the campus and college-owned or college-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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-115 - 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
			 132H-126-100(17).
(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 permit
			 hazing to be conducted by its members or by others subject to its direction or
			 control shall be deprived of any official recognition or approval granted by
			 the college.
(d) Student groups
			 found responsible for violating the code of student conduct, college antihazing
			 policies, or state or federal laws relating to hazing or offenses related to
			 alcohol, drugs, sexual assault, or physical assault will be disclosed in a
			 public report issued by the college setting forth the name of the student
			 group, the date the investigation began, the date the investigation ended, a
			 finding of responsibility, a description of the incident(s) giving rise to the
			 finding, and the details of the sanction(s) imposed.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-120 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) Any member of
			 the college community may file a complaint against a student or student group
			 for possible violations of the student conduct code.
(2) Upon receipt, a student conduct officer,
			 or designee, may review and investigate any complaint to determine whether it
			 appears to state a violation of the student conduct code.
(a)
Student on student sexual
			 misconduct.
The college's Title IX coordinator or designee shall
			 investigate complaints or other reports of sexual misconduct by a student
			 against a student.
(b)
Sexual
			 misconduct involving an employee.
The college's human resource office or
			 designee shall investigate complaints or other reports of sexual misconduct in
			 which an employee is either the complainant or respondent.
(c)
Hazing by student groups.
A
			 student conduct officer, or des-ignee, may review and investigate any complaint
			 or allegation of hazing by a student group. A student group will be notified
			 through its named officer(s) and address on file with the college. A student
			 group may designate one representative who may speak on behalf of a student
			 group during any investigation and/or disciplinary proceeding. A student group
			 will have the rights of a respondent as set forth below.
(d) Investigations will be completed in a
			 timely manner and the results of the investigation shall be referred to the
			 student conduct officer for student disciplinary action.
(e) College personnel will honor requests to
			 keep sexual misconduct complaints confidential to the extent this can be done
			 in compliance with federal and state laws and without unreasonably risking the
			 health, safety, and welfare of the complainant or other members of the college
			 community.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-130 - 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 21 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 student conduct officer. If a case
			 involves allegations of sexual misconduct, a complainant also has a right to
			 appeal a disciplinary decision or to intervene in the respondent's appeal of a
			 disciplinary decision to the extent the disciplinary decision, sanctions or
			 conditions relate to allegations of sexual misconduct against the
			 respondent.
(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 regarding:
(a) The imposition of
			 disciplinary suspensions in excess of 10 instructional days or, for a student
			 group, suspensions in excess of two academic quarters;
(b) Dismissals or, for a student group,
			 deprivation of recognition or approval granted by the college; and
(c) Discipline cases referred to the
			 committee by the student conduct officer, the conduct review officer, or the
			 president.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-140 - Conduct hold on student records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 A student conduct officer or other designated college official may place a
			 conduct hold on the student's record if the student is the respondent in a
			 pending complaint of prohibited conduct, a pending conduct proceeding under
			 this code, or in conjunction with a disciplinary sanction or condition under
			 this code.
(2) A conduct hold may
			 restrict the student from registering for classes, requesting an official
			 transcript, or receiving a degree from the college until the hold has been
			 removed.
(3) If the conduct hold is
			 placed pending or during a conduct proceeding, the student will be notified of
			 the hold and be advised how to raise an objection about the hold or request
			 that it be made less restrictive. The hold will remain in place until lifted by
			 the student conduct officer or other designated college official with authority
			 to do so.
(4) Implementation of any
			 conduct hold prior to disciplinary action does not assume any determination of,
			 or create any expectation of, responsibility for prohibited conduct under this
			 conduct code.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-150 - Amnesty policy

Current through Register Vol. 24-14, July 15, 2024
(1) Bellevue
			 College values the health, safety and wellness of those in our college
			 community. Students are encouraged to report crimes, share concerns, and seek
			 medical attention for themselves or others in need.
(2) A student conduct officer may elect not
			 to initiate disciplinary action against a student who, while in the course of
			 helping another person seek medical or other emergency assistance, admits to a
			 possible policy violation under this student conduct code, provided that any
			 such violations did not and do not place the health or safety of any other
			 person at risk.
(3) A student
			 conduct officer may elect not to initiate disciplinary action against a student
			 who, while in the course of reporting violence, sexual misconduct, or a crime
			 in progress, admits to personal consumption of alcohol or drugs at or near the
			 time of the incident, provided that any such use did not place the health or
			 safety of any other person at risk.
(4) While policy violations cannot be
			 overlooked, the college may elect to offer educational options or referrals,
			 rather than initiating disciplinary action against students who report crimes,
			 serve as witnesses, or seek medical attention as described is this
			 section.
(5) This amnesty policy
			 may not apply to students who repeatedly violate college policies in regards to
			 alcohol, drugs, or other prohibited conduct.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-160 - Interim measures

Current through Register Vol. 24-14, July 15, 2024
(1) After receiving
			 a report of sexual misconduct or other serious student misconduct, a student
			 conduct officer or des-ignee may implement interim measures which may include,
			 but are not limited to:
(a) A no-contact
			 order prohibiting direct or indirect contact, by any means, with a complainant,
			 a respondent, a reporting party, other specified persons, and/or a specific
			 student organization;
(b)
			 Reassignment of on-campus housing;
(c) Changes to class schedules, assignments,
			 or test schedules;
(d) Modified
			 on-campus employment schedule or location;
(e) Restrictions on access to portions of
			 campus including, but not limited to, on-campus housing; or
(f) Alternative safety arrangements such as
			 campus safety escorts.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-170 - 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 reasonable
			 basis to believe that the respondent:
(a) Has
			 violated a provision of the student conduct code; 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-180 - Records

Current through Register Vol. 24-14, July 15, 2024
(1) Student conduct
			 code records are maintained in accordance with the college's records retention
			 schedule.
(2) The disciplinary
			 record is confidential, and is released only as authorized under the Family
			 Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec.
			 1232g; 34 C.F.R. Part 99).
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-200 - Brief adjudicative proceedings-Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a conduct review officer designated by the president. The conduct
			 review officer shall not participate in any case in which 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) 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-210 - 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 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 determine whether the
			 findings or 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, include a brief statement of the reasons for the decision
			 and typically must be served on the parties within twenty days of the request
			 for review. 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 without a response from the president.
(5) If the president, upon review, determines
			 that the respondent's conduct may warrant imposition of a disciplinary
			 suspension of more than ten instructional days or dismissal, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
(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 of the decision, the reasons for the
			 decision, and a description of any disciplinary sanctions and/or conditions
			 that may have been imposed upon the respondent. The notice will also inform the
			 complainant of their appeal rights.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-300 - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The student conduct committee shall consist of six members:
(a) Two full-time students appointed by the
			 student government;
(b) Two faculty
			 members appointed by the president;
(c) Two administrative staff members, other
			 than an administrator serving as a student conduct or conduct review officer,
			 appointed by the president prior to the beginning of the academic year for
			 alternating two-year terms.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-310 - Student conduct committee- Prehearing

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, and by the Model Rules of Procedure, chapter 10-08 WAC. To the extent
			 there is a conflict between these rules and chapter 10-08 WAC, these rules
			 shall control.
(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 to
			 a later time for good cause shown.
(3) The committee chair is authorized to
			 conduct pre-hearing 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 notice of
			 discipline, or referral to the committee; and
(b) the notice of appeal, or any response to
			 referral, by the respondent or, in a case involving allegations of sexual
			 misconduct, the complainant. 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-320 - Student conduct committee- Presentation of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the failure of any party to attend
			 or participate in a hearing, the student conduct committee may either:
(a) Proceed with the hearing and issuance of
			 its decision; or
(b) Serve a
			 decision of default in accordance with
			 RCW
			 34.05.440.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-330 - 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 conclusion of the hearing or the committee's receipt of
			 closing arguments, whichever is later, the committee shall issue an initial
			 decision in accordance with
			 RCW
			 34.05.461 and WAC
			 10-08-210. The initial decision
			 shall include findings on all material issues of fact and conclusions on all
			 material issues of law, including which, if any, provisions of the student
			 conduct code were violated. Any findings based substantially on the credibility
			 of evidence or the demeanor of witnesses shall be so identified.
(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 sanctions or conditions, if any, as authorized
			 in the student conduct code. If the matter is an appeal by the respondent or
			 the complainant in the case of sexual misconduct, the committee may affirm,
			 reverse, or modify the disciplinary sanctions and/or conditions imposed by the
			 student conduct officer and/or impose additional disciplinary sanctions or
			 conditions as authorized herein. The notice will also inform the respondent of
			 their appeal rights.
(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 will make arrangements
			 to have a written notice served on the complainant informing the complainant of
			 the decision, the reasons for the decision, and a description of any
			 disciplinary sanctions and/or conditions that may have been imposed upon the
			 respondent, including suspension or dismissal of the respondent. The notice
			 will also inform the complainant of their appeal rights. This notice shall be
			 served on the complainant on the same date as the initial decision is served on
			 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.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › Section 132H-126-340 - Student conduct committee- Review of an initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A respondent,
			 or a complainant in a case involving allegations of sexual misconduct, who is
			 aggrieved by the findings or conclusions issued by the student conduct
			 committee may request a review of the committee's initial decision to the
			 president by filing a notice of appeal with the president's office within
			 twenty-one days of service of the committee's initial decision or a written
			 notice. Failure to file a timely appeal request within this time frame
			 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 an argument as to why the
			 appeal should be granted. The president's review shall be restricted to the
			 hearing record made before the student conduct committee and will normally be
			 limited to those issues and arguments raised in the notice of appeal. As part
			 of the review process, the president may ask the nonappealing party(ies) to
			 respond to the arguments contained in the notice of appeal.
(3) The president shall provide a written
			 decision to all parties within thirty days after receipt of the notice of
			 appeal or receipt of the response from nonappealing parties, whichever is
			 later. 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-400 - Order of precedence

Current through Register Vol. 24-14, July 15, 2024
This supplemental procedure applies to allegations of sexual
				  harassment subject to Title IX jurisdiction pursuant to regulations promulgated
				  by the United States Department of Education. See 34 C.F.R. Part 106 . To the
				  extent these supplemental hearing procedures conflict with the college's
				  standard disciplinary procedures, WAC
				  132H-126-100 through
				  132H-126-340, these supplemental
				  procedures shall take precedence. Bellevue College may, at its discretion,
				  contract with an administrative law judge or other person to act as presiding
				  officer and assign such presiding officer to exercise any or all of the duties
				  in lieu of the student conduct committee and committee chair.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-410 - Prohibited conduct under Title IX

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				  RCW
				  28B.50.140(13) and Title IX
				  of the Education Amendments Act of 1972,
				  20 U.S.C. Sec.
				  1681, the college may impose disciplinary
				  sanctions against a student who commits, attempts to commit, or aids, abets,
				  incites, encourages, or assists another person to commit, an act(s) of "sexual
				  harassment."
For purposes of this supplemental procedure, "sexual
				  harassment" encompasses the following conduct:
(1)
Quid pro quo harassment.
A
				college employee conditioning the provision of an aid, benefit, or service of
				the college on an individual's participation in unwelcome sexual
				conduct.
(2)
Hostile
				environment.
Unwelcome conduct that a reasonable person would find to be
				so severe, pervasive, and objectively offensive that it effectively denies a
				person equal access to the college's educational programs or activities, or
				employment.
(3)
Sexual
				assault.
Sexual assault includes the following conduct:
(a)
Nonconsensual sexual
				intercourse.
Any actual or attempted sexual intercourse (anal, oral, or
				vaginal), however slight, with any object or body part, by a person upon
				another person, that is without consent and/or by force. Sexual intercourse
				includes anal or vaginal penetration by a penis, tongue, finger, or object, or
				oral copulation by mouth to genital contact or genital to mouth
				contact.
(b)
Nonconsensual
				sexual contact.
Any actual or attempted sexual touching, however slight,
				with any body part or object, by a person upon another person that is without
				consent and/or by force. Sexual touching includes any bodily contact with the
				breasts, groin, mouth, or other bodily orifice of another individual, or any
				other bodily contact in a sexual manner.
(c)
Incest.
Sexual intercourse
				or sexual contact with a person known to be related to them, either
				legitimately or illegitimately, as an ancestor, descendant, brother, or sister
				of either wholly or half related. Descendant includes stepchildren and adopted
				children under the age of 18.
(d)
Statutory rape.
Consensual sexual intercourse between someone who
				is 18 years of age or older and someone who is under the age of 16.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-420 - Title IX jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) This
				supplemental procedure applies only if the reported 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-430 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
				receiving the Title IX investigation report from the Title IX coordinator, the
				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, the
				complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
				jurisdiction;
(b) Identify the
				reported 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 reported
				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 their 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; and
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-440 - 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
				132H-126-310. 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-450 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The student
				conduct code of Bellevue College, chapter 132H-126 WAC, and this supplemental
				procedure shall apply equally to all parties.
(2) The college bears the burden of offering
				and presenting sufficient testimony and evidence to establish that the
				respondent is responsible for a Title IX violation by a preponderance of the
				evidence.
(3) The respondent will
				be presumed not responsible until such time as the disciplinary process has
				been finally resolved.
(4) During
				the hearing, each party shall be represented by an advisor. The parties are
				entitled to an advisor of their own choosing and the advisor may be an
				attorney. If a party does not choose an advisor, then the Title IX coordinator
				will appoint an advisor of the college's choosing on the party's behalf at no
				expense to the party.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-460 - Evidence

Current through Register Vol. 24-14, July 15, 2024
The introduction and consideration of evidence during the
				  hearing is subject to the following procedures and restrictions:
(1) Relevance: The committee chair shall
				review all questions for relevance and shall explain on the record their
				reasons for excluding any question based on lack of relevance.
(2) Relevance means that information elicited
				by the question makes facts in dispute more or less likely to be
				true.
(3) Questions or evidence
				about a complainant's sexual predisposition or prior sexual behavior are not
				relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone
				other than the respondent committed the reported 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 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-470 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				complying with WAC
				132H-126-330, 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 president.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-126 - Student conduct code of Bellevue College › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 132H-126-480 - 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
				132H-126-340.
(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).
(3) President's office shall serve the final
				decision on the parties simultaneously.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-131 - Scholarships and financial aid › Section 132H-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 at the following address: Bellevue Community College, Attention:
				Scholarships, 3000 Landerholm Circle S.E., Bellevue, WA
				98007-6484.
Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140.
				  92-19-053, § 132H-131-010, filed 9/10/92, effective
				  10/11/92.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-131 - Scholarships and financial aid › Section 132H-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 at the following address: Bellevue Community
				College, Attention: Financial Services Office, 3000 Landerholm Circle S.E.,
				Bellevue, WA 98007-6484.
Award of federal and state aid will be made in accordance with
				applicable federal and state laws and regulations.
Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140.
				  92-19-053, § 132H-131-020, filed 9/10/92, effective
				  10/11/92.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-133 - Organization and general operating policies of Community College District VIII › Section 132H-133-010 - Title

Current through Register Vol. 24-14, July 15, 2024
WAC
				132H-133-010 through
				132H-133-150 shall be known as the organization and general operating policies
				of Community College District VIII.
Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140.
				  92-19-049, § 132H-133-010, filed 9/10/92, effective
				  10/11/92.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-133 - Organization and general operating policies of Community College District VIII › Section 132H-133-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
To incorporate those policies that pertain to the campus-wide
				community and not otherwise incorporated in the Washington Administrative Code
				of Community College District VIII.
Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140.
				  92-19-049, § 132H-133-020, filed 9/10/92, effective
				  10/11/92.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-133 - Organization and general operating policies of Community College District VIII › Section 132H-133-040 - Organization/operation information

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Organization: Bellevue Community College, Community College District VIII 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: 3000 Landerholm
			 Circle[,] S.E., Bellevue, Washington 98007-6484. Educational operations are
			 also located at other sites throughout the district. The office hours are 8:00
			 a.m. to 5:00 p.m., Monday, through Friday, except legal holidays. During the
			 summer months the college operates on an alternate schedule and throughout the
			 year, some evening services are provided. Specific information is available
			 through the college public information office and in the quarterly
			 schedule.
(3) Additional and
			 detailed information concerning the educational offerings may be obtained from
			 the catalog, copies of which are available at the following address: Bookstore,
			 3000 Landerholm Circle, S.E., Bellevue, Washington 98007-6484.
Statutory Authority: RCW 28B.50.140. 03-01-009, §
				  132H-133-040, filed 12/5/02, effective 1/5/03. Statutory Authority: Chapter
				  34.05 RCW and RCW 28B.50.140. 92-19-049, § 132H-133-040, filed 9/10/92,
				  effective 10/11/92.
Reviser's note:
RCW
				  34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-136 - Library media center › Section 132H-136-010 - Title

Current through Register Vol. 24-14, July 15, 2024
WAC
				132H-136-010 through
				132H-136-030 will be known as
				the library media center policy of Community College District
				VIII.
Statutory Authority:
				  RCW
				  28B.50.140. 05-17-013, § 132H-136-010,
				  filed 8/4/05, effective 9/4/05; Order 13, § 132H-136-010, filed
				  3/9/73.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-136 - Library media center › Section 132H-136-015 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The library media center (LMC) provides information resources
				to accomplish Bellevue College's mission and goals by being student-centered
				and committed to teaching excellence. In order to advance the lifelong
				educational development of students, the LMC continually strengthens its
				collections and services in breadth and depth, supporting increased curricular
				offerings and varied instructional modes of delivery. This policy applies to
				all BC employees, students, and library users who use any of the LMC resources
				and facilities.
Statutory Authority:
				  RCW
				  28B.50.140. 05-17-013, § 132H-136-015,
				  filed 8/4/05, effective 9/4/05.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-136 - Library media center › Section 132H-136-020 - Loans (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  28B.50.140. 05-17-013, § 132H-136-020,
				  filed 8/4/05, effective 9/4/05; Order 35, § 132H-136-020, filed 10/10/75;
				  Order 13, § 132H-136-020, filed
				  3/9/73.
Washington Administrative Code › Title 132H - Bellevue College › Chapter 132H-136 - Library media center › Section 132H-136-025 - Services

Current through Register Vol. 24-14, July 15, 2024
The LMC maintains a website summarizing information about the
				LMC, including:
* Hours of service;
* Circulation of collections;
* Services and resources available.
Statutory Authority:
				  RCW
				  28B.50.140. 05-17-013, § 132H-136-025,
				  filed 8/4/05, effective 9/4/05.