Washington Administrative Code › Title 132S - Columbia Basin College › Chapter 132S-100 - Student code of conduct › Article IV - STUDENT CODE OF CONDUCT PROCEDURES › Section 132S-100-400 - Student conduct process

Current through Register Vol. 24-14, July 15, 2024
As an agency of the state of Washington, the college's SCO,
				  SCB, SAB, or president may be advised or represented by an assistant attorney
				  general in any student code of conduct proceeding.
(1) Initiation of the student conduct
				process. A request to initiate the student conduct process for alleged
				violation(s) of the student code of conduct must be made to the SCO as soon as
				possible following the violation. Conduct proceedings may be initiated when the
				SCO receives any direct or indirect report of conduct that may violate this
				code, which includes, but is not limited to, a police report, an incident
				report, a witness statement, other documentation, or a verbal or written report
				from a complainant, witness, or other third party. The college may initiate the
				student conduct process regardless of whether or not the incident in question
				is the subject of criminal or civil proceedings. Any member of the college's
				administration, faculty, staff, or any student or nonstudent may make a request
				for disciplinary action through the student conduct process and it must be a
				good faith claim. Formal rules of evidence, such as are applied in criminal or
				civil court, are not used in conduct proceedings. Relevant evidence, including
				hearsay, is admissible if it is the type of evidence that reasonable persons
				would rely upon in the conduct of their affairs. Unduly repetitious or
				irrelevant evidence may be excluded. If the complaint indicates that the matter
				involves sexual misconduct, the SCO will forward the complaint to the Title IX
				office for review in accordance with the college's Title IX grievance policy
				and procedure or nondiscrimination and harassment policy and grievance
				procedure, as applicable. Any determinations of relevant evidence or facts made
				under the Title IX grievance policy and procedure or the non-discrimination and
				harassment policy and grievance procedure shall be relied upon in the student
				conduct process. The SCO or designee will conduct an initial investigation of a
				complaint to determine whether it alleges conduct that may be prohibited by the
				student code of conduct. If it is determined through the initial investigation
				that the report has merit, the SCO will conduct an investigation to determine
				responsibility. Except in cases of sexual assault or sexual violence, the
				parties may elect to mediate the dispute, which shall be facilitated by the
				SCO. If the SCO's investigation indicates that the alleged violation is so
				severe that a finding of responsibility is likely to merit expulsion,
				suspension of more than ten days, revocation of a degree, or loss of
				recognition of a student organization, the SCO will forward the findings of the
				investigation to the SCB for review, decision and disciplinary action using the
				full adjudicative process. If the SCO has a conflict of interest or is the
				subject of a complaint by the student, the vice president for student services
				shall, upon request and at their discretion, designate another person to
				fulfill any such disciplinary responsibilities relative to the request for the
				student conduct process.
(2)
				Notification requirements.
(a) If it is
				determined through the initial investigation that an alleged violation of the
				student code of conduct might have occurred and which is not eligible for
				referral to the Title IX officer or the SCB, the SCO will provide the following
				written notification:
(i) That a report has
				been submitted alleging conduct which violates the student code of conduct and
				that a conduct investigation has been initiated to determine
				responsibility;
(ii) The specific
				sections of the student code of conduct which are alleged to have been
				violated;
(iii) That the student
				may either accept responsibility for the alleged violations or request a
				conduct meeting with the SCO to present evidence to refute the
				report;
(iv) That the student may
				provide evidence such as names and contact information of witnesses to aid the
				conduct investigation;
(v) The
				possible sanction outcomes and that the actual sanctions will depend on the
				determination of responsibility pending the results of the investigation;
				and
(vi) That if the student fails
				to participate in any stage of the conduct proceedings or to request a conduct
				meeting within fifteen days from the date of the notice, the college may move
				forward with the conduct proceeding without their participation.