reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-270 - Disciplinary sanctions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Administration of the disciplinary procedure is the responsibility of the vice
			 president of student services. The student conduct officer, or designee, shall
			 serve as the principle investigator and prosecutor for alleged violations of
			 this code.
(2) Faculty members have
			 the authority to take appropriate action to maintain order and proper conduct
			 in the classroom and to maintain the effective cooperation of students in
			 fulfilling the objectives of the course.
(3) Bringing any person, thing, or object to
			 a teaching and learning environment that may disrupt the environment or cause a
			 safety or health hazard, without the express approval of the faculty member is
			 expressly prohibited.
(4) Faculty
			 members or college administrators have the right to suspend any student from
			 any single class or related activity for no more than one day, if the student's
			 misconduct creates disruption to the point that it is difficult or impossible
			 to maintain the decorum of the class, related activity, or the learning and
			 teaching environment. The faculty member or college administrator shall report
			 this suspension to the student conduct officer or designee on the same day of
			 the suspension. In consultation with the faculty member or college
			 administrator, the student conduct officer may set conditions for the student
			 upon return to the class or activity.
(5) The student has the right to appeal any
			 disciplinary action of an instructor or college employee to the student conduct
			 officer in accordance with the procedures set forth in this code.
(6) A student formally charged or under
			 investigation for a violation of this code may not excuse themselves from
			 disciplinary hearings by withdrawing from the college.
(7) In addition to initiating discipline
			 proceedings for the violation of the student conduct code, the college may
			 refer any violations of federal, state, or local laws to civil and criminal
			 authorities for disposition. The college shall proceed with student
			 disciplinary proceedings regardless of whether the underlying conduct is
			 subject to civil or criminal prosecution.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-275 - 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 there is a violation, and that continued violation may be
			 cause for further disciplinary action. This sanction is not subject to
			 appeal.
(b) Written reprimand.
			 Notice in writing that the student has violated one or more terms of this code
			 of conduct and that continuation or repetition of the same or similar may
			 result in more severe disciplinary action. This sanction is not subject to
			 appeal.
(c) Disciplinary probation.
			 Formal action placing specific conditions and restrictions upon the student's
			 continued attendance depending upon the seriousness of the violation and which
			 may include a deferred disciplinary sanction. If the student, subject to a
			 deferred disciplinary sanction, is found in violation of any college rule
			 during the time of disciplinary probation, the deferred disciplinary sanction,
			 which may include, but is not limited to, a suspension or a dismissal from the
			 college, shall take effect immediately without further review. Any such
			 sanction shall be in addition to any sanction(s) or conditions arising from the
			 new violation. Probation may be for a limited period of time or may be for the
			 duration of the student's attendance at the college.
(d) Summary suspension. Immediate exclusion
			 from classes and other privileges or activities in accordance with this
			 code.
(e) Disciplinary suspension.
			 Dismissal from the college and from the student status for a stated period of
			 time. There will be no refund of tuition or fees for the quarter in which the
			 action is taken.
(f) Deferred
			 suspension. Notice of suspension from the college with the provision that the
			 student may remain enrolled contingent on meeting any condition(s) specified.
			 Not meeting the contingency shall immediately invoke a suspension for the
			 period of time and under the conditions originally imposed.
(g) Dismissal. The revocation of all rights
			 and privileges of membership in the college community and exclusion from the
			 campus and college-owned or controlled facilities without any possibility of
			 return except as outlined in WAC 495B-121-340. There will be no refund of
			 tuition or fees for the quarter in which the action is
			 taken.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-280 - Initiation of disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) All disciplinary actions will be
			 initiated by the student conduct officer. If that officer is the subject of a
			 complaint initiated by the respondent, the president shall, upon request and
			 when feasible, designate another person to fulfill any such disciplinary
			 responsibilities relative to the complainant.
(2) The student conduct officer shall
			 initiate disciplinary action by serving the respondent with written notice
			 directing them to attend a disciplinary meeting. The notice shall briefly
			 describe the factual allegations, the provision(s) of the conduct code the
			 respondent is alleged to have violated, the range of possible sanctions for the
			 alleged violation(s), and specify the time and location of the meeting. At the
			 meeting, the student conduct officer will present the allegations to the
			 respondent and the respondent shall be afforded an opportunity to explain what
			 took place. If the respondent fails to attend the meeting after proper service
			 of notice the student conduct officer may take disciplinary action based upon
			 the available information.
(3) The
			 student conduct officer, prior to taking disciplinary action in a case
			 involving allegations of sexual misconduct, will make a reasonable effort to
			 contact the complainant to discuss the results of the investigation and
			 possible disciplinary sanctions and/or conditions, if any, that may be imposed
			 upon the respondent if the allegations of sexual misconduct are found to have
			 merit.
(4) Within ten business days
			 of the initial disciplinary meeting, and after considering the evidence in the
			 case, including any facts or argument presented by the respondent, the student
			 conduct officer shall serve the respondent with a written decision setting
			 forth the facts and conclusions supporting their decision, the specific student
			 conduct code provisions found to have been violated, the discipline imposed, if
			 any, and a notice of any appeal rights with an explanation of the consequences
			 of failing to file a timely appeal.
(5) The student conduct officer may take any
			 of the following disciplinary actions:
(a)
			 Exonerate the respondent and terminate the proceedings;
(b) Impose a disciplinary sanction(s), as
			 described in WAC 495B-121-265;
(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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-285 - Appeal from disciplinary action

Current through Register Vol. 24-14, July 15, 2024
(1) The respondent may appeal a disciplinary
			 action by filing a written notice of appeal with the conduct review officer
			 within ten business 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-286 - 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
			 495B-121-265(9).
(2) No student may conspire to engage in
			 hazing or participate in hazing of another. State law provides that hazing is a
			 criminal offense, punishable as a misdemeanor.
(3) Washington state law provides that:
(a) Any student group that knowingly permits
			 hazing is strictly liable for harm caused to persons or property resulting from
			 hazing. If the organization, association, or student living group is a
			 corporation whether for profit or nonprofit, the individual directors of the
			 corporation may be held individually liable for damages.
(b) Any person who participates in the hazing
			 of another shall forfeit any entitlement to state-funded grants, scholarships,
			 or awards for a period of time determined by the college.
(c) Student groups that knowingly 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
			 anti-hazing policies, or state or federal laws relating to hazing or offenses
			 related to alcohol, drugs, sexual assault, or physical assault will be
			 disclosed in a public report issued by the college setting forth the name of
			 the student group, the date the investigation began, the date the investigation
			 ended, a finding of responsibility, a description of the incident(s) giving
			 rise to the finding, and the details of the sanction(s)
			 imposed.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-290 - Brief adjudicative proceedings authorized

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted in accordance with
				RCW
				 34.05.482 through
				34.05.494.
				Brief adjudicative proceedings shall be used, unless provided otherwise by
				another rule or determined otherwise in a particular case by the president, or
				a designee, in regard to:
(1) Student
			 conduct appeals involving the following disciplinary actions:
(a) Suspensions of ten instructional days or
			 less;
(b) Disciplinary
			 probation;
(c) Written
			 reprimands;
(d) Any condition or
			 term imposed in conjunction with one of the foregoing disciplinary
			 actions;
(e) Summary suspensions;
			 and
(f) Appeals by a complainant in
			 student disciplinary proceedings involving allegations of sexual misconduct in
			 which the student conduct officer:
(i)
			 Dismisses disciplinary proceedings based upon a finding that the allegations of
			 sexual misconduct have no merit; or
(ii) Issues a verbal warning to the
			 respondent.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-295 - 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
			 college's view of the matter; and
(b) An opportunity to explain the party's
			 view of the matter.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-300 - 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 a party files a
			 written request for review with the conduct review officer within ten business
			 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 all parties an opportunity to file written responses explaining their view
			 of the matter and shall make any inquiries necessary to ascertain whether the
			 sanctions should be modified or whether the proceedings should be referred to
			 the student conduct committee for a formal adjudicative hearing.
(4) The decision on review must be in writing
			 and must include a brief statement of the reasons for the decisions and must be
			 served on the parties within twenty business days of the initial decision or of
			 the request for review, whichever is later. The decision on review will contain
			 a notice that committee 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 business days after the request is submitted.
(5) If the president, upon review, determines
			 that the respondent's conduct may warrant imposition of a disciplinary
			 suspension of more than ten instructional days or expulsion, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
(6) In cases involving
			 allegations of sexual misconduct, the president, on the same date as the final
			 decision is served on the respondent, will serve a written notice upon the
			 complainant informing the complainant whether the allegations of sexual
			 misconduct were found to have merit and describing any disciplinary sanctions
			 and/or conditions imposed upon the respondent for the complainant's protection,
			 including suspension or dismissal of the respondent. The notice will also
			 inform the complainant of their appeal rights.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-305 - 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-310 - Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1) The student conduct committee shall
			 consist of five members:
(a) Two full-time
			 students appointed by the student government;
(b) Two faculty members appointed by the
			 president;
(c) One administrative
			 employee (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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-315 - Student conduct committee-Procedure and evidence

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 business days in advance of the hearing date. The chair may
			 shorten this notice period if both parties agree, and may also continue the
			 hearing to 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) If
			 a request for a document exchange is filed at least five business days before
			 the hearing by any party or at the direction of the committee chair, the
			 parties shall exchange, no later than the third business 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-320 - Student conduct committee hearing procedures

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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-325 - 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 ten
			 business days following the latter 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 1008-210. 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 so be
			 identified.
(3) The committee's
			 initial order shall also include a determination on appropriate discipline, if
			 any. If the matter was referred to the committee by the student conduct
			 officer, the committee shall identify and impose disciplinary sanction(s) or
			 conditions, if any, as authorized in the student code. If the matter is an
			 appeal by a party, the committee may affirm, reverse, or modify the
			 disciplinary sanction(s) and/or conditions imposed by the student conduct
			 officer and/or impose additional disciplinary sanction(s) or conditions as
			 authorized herein.
(4) The
			 committee chair shall cause copies of the initial decision to be served on the
			 parties and their legal counsel of record. The committee chair shall also
			 promptly transmit a copy of the decision and the record of the committee's
			 proceedings to the president.
(5)
			 In cases involving allegations of sexual misconduct, the chair of the student
			 conduct committee, on the same date as the initial decision is served on the
			 respondent, will serve a written notice upon the complainant informing the
			 complainant whether the allegations of sexual misconduct were found to have
			 merit and describing any disciplinary sanctions and/or conditions imposed upon
			 the respondent for the complainant's protection, including suspension or
			 dismissal of the respondent. The complainant may appeal the student conduct
			 committee's initial decision to the president subject to the same procedures
			 and deadlines applicable to the respondent. The notice will also inform the
			 complainant of their appeal rights.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-330 - 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 business 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 an argument as to 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 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-one
			 business 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 any "ex
			 parte" communication with any of the parties regarding an appeal.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-335 - Summary suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Summary suspension is a temporary exclusion from specified college premises
			 and/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 disruption of,
			 or interference with, the operations of the college.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-340 - Readmission after dismissal

Current through Register Vol. 24-14, July 15, 2024
A student dismissed due to a code of conduct violation from the
				college may be readmitted only on written petition to the president. Petitions
				must indicate reasons that support reconsideration. The president may use
				whatever review procedures are at the president's disposal in consideration of
				readmission. The president shall convey a decision in writing to the student
				within thirty days after completion of the review process.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › Section 495B-121-345 - Review of rules

Current through Register Vol. 24-14, July 15, 2024
These rules will be reviewed annually by the student conduct
				officer. Upon determining a need to revise this code a review committee shall
				be convened to make recommendations for change in the code. The ASBTC executive
				team will be notified of proposed changes.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-350 - 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 Bellingham
				  Technical College's standard disciplinary procedures, WAC 495B-121-230 through
				  495B-121-345, these supplemental procedures shall take precedence. Bellingham
				  Technical 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-355 - 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-360 - 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-365 - Initiation of discipline

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
				receiving the Title IX investigation report from the Title IX coordinator, the
				student conduct officer will independently review the report to determine
				whether there are sufficient grounds to pursue a disciplinary action against
				the respondent for engaging in prohibited conduct under Title IX.
(2) If the student conduct officer determines
				that there are sufficient grounds to proceed under these supplemental
				procedures, the student conduct officer will initiate a Title IX disciplinary
				proceeding by filing a written disciplinary notice with the chair of the
				student conduct committee and serving the notice on the respondent and the
				complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
				jurisdiction;
(b) Identify the
				alleged Title IX violation(s);
(c)
				Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions
				that may be imposed if the respondent is found responsible for the alleged
				violation(s); and
(e) Explain that
				the parties are entitled to be accompanied by their chosen advisors during the
				hearing and that:
(i) The advisors will be
				responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
				and
(iii) The college will appoint
				the party an advisor of the college's choosing at no cost to the party, if the
				party fails to do so; and
(f) Explain that if a party fails to appear
				at the hearing, a decision of responsibility may be made in their
				absence.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-370 - 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 495B-121-315.
				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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-375 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				college's student conduct procedures, WAC 495B-121-230 through 495B-121-345 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-380 - 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 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-385 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				complying with WAC 495B-121-325 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, the complainant is entitled to remedies designed to restore or preserve
				complainant's equal access to the college educational programs or activities;
				and
(h) Describes the process for
				appealing the initial order to the college president.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-121 - Student conduct code › SUPPLEMENTAL TITLE IX STUDENT CONDUCT PROCEDURES › Section 495B-121-390 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) All parties,
				including the student conduct officer in their capacity as a representative of
				the college, have the right to appeal from the determination of responsibility
				and/or from a dismissal, in whole or part, of a formal complaint during the
				investigative or hearing process. Appeals must be in writing and filed with the
				president's office within 21 days of service of the initial order or notice of
				dismissal. Appeals must identify the specific findings of fact and/or
				conclusions of law in the initial order or dismissal that the appealing party
				is challenging and must contain argument as to why the appeal should be
				granted. Failure to file a timely appeal constitutes a waiver of the right to
				appeal and the initial order or dismissal shall be deemed final.
(2) Upon receiving a timely appeal, the
				president's office will serve a copy of the appeal on all parties, who will
				have 10 days from the date of service to submit written responses to the
				president's office addressing issues raised in the appeal. Failure to file a
				timely response constitutes a waiver of the right to participate in the appeal.
				Upon receipt of written responses, the president's office shall serve copies of
				the response to the other parties.
(3) Parties receiving a copy of the responses
				shall have five days in which to submit a written reply addressing issues
				raised in the response to the president's office.
(4) The president or their delegate, based on
				their review of parties' submissions and the hearing or investigative record,
				will determine whether the grounds for appeal have merit, provide the rationale
				for this conclusion, and state whether a dismissal if affirmed or denied, or if
				the disciplinary sanctions and conditions imposed in the initial order are
				affirmed, vacated, or amended, and, if amended, set forth the new disciplinary
				sanctions and conditions.
(5)
				President's office shall serve the final decision on the parties
				simultaneously.
(6) All
				administrative decisions reached through this process are and may be judicially
				appealed pursuant to applicable provisions of chapter 34.05 RCW including, but
				not limited to, the timelines set forth in
				RCW
				 34.05.542. No decisions or recommendations
				arising from this disciplinary procedure will be subject to grievance pursuant
				to any collective bargaining agreement.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-122 - Withholding services for outstanding debts › Section 495B-122-010 - Policy

Current through Register Vol. 24-14, July 15, 2024
If any person, including any faculty, staff, student, or former
				student, is indebted to the institution for an outstanding overdue debt, the
				college need not provide any further services of any kind to such individual
				including, but not limited to, transmitting files, records, or other services
				which have been requested by such person. Official transcripts and registration
				privileges may not be withheld, regardless of debt, except as outlined in RCW
				  28B.10.293 (3) through (5).
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-122-010, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-122 - Withholding services for outstanding debts › Section 495B-122-020 - Notification

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving a request for services
			 where there is an outstanding debt due to the college from the requesting
			 person, the college shall notify the person by first-class mail that the
			 services will not be provided since there is an outstanding debt due. The
			 person shall be told that until the debt is satisfied, requested services will
			 not be provided.
(2) The letter of
			 notification shall also state that the person has a right to a brief
			 adjudicative proceeding pursuant to chapter 495B-108 WAC.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-122-020, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-122 - Withholding services for outstanding debts › Section 495B-122-030 - Procedure for brief adjudicative proceeding (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-122-030, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-130 - Tuition and fee schedules › Section 495B-130-010 - Location of schedules

Current through Register Vol. 24-14, July 15, 2024
Detailed information and specific amounts to be charged for
				each category of students can be found on the college website (btc.edu), with
				information on how to access current tuition rates in the college catalog, and
				in the following locations on the Bellingham Technical College campus:
(1) The office of admissions;
(2) The registration and records
			 office;
(3) The business
			 office;
(4) Student services
			 office;
(5) Financial aid
			 office.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-130-010, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-131 - Scholarships (Repealed) › Section 495B-131-010 - Scholarships (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-131-010, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-132 - Financial aid (Repealed) › Section 495B-132-010 - Financial aid (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-132-010, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-133 - Organization › Section 495B-133-020 - Organization-Operation-Information

Current through Register Vol. 24-14, July 15, 2024
(1) Organization. Bellingham Technical
			 College is established in Title 28B RCW as a public institution of higher
			 education. The college 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 college. The president establishes the structure of
			 the administration.
(2) Operation.
			 The administrative office is located at the following address:
Bellingham Technical College
3028 Lindbergh Avenue
Bellingham, WA 98225
The office hours are 8:00 a.m. to 5:00 p.m., Monday through
				Friday, except legal holidays. Educational operations are also located at the
				following addresses: 1600 C Street Bellingham, WA 98225
(3) Information. Additional and detailed
			 information concerning the educational offerings of the college may be obtained
			 on the college website (btc.edu) or from the catalog, copies of which are
			 available at the following address:
Bellingham Technical College
3028 Lindbergh Avenue
Bellingham, WA 98225
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-133-020, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-134 - Designation of rules coordinator › Section 495B-134-010 - Rules coordinator

Current through Register Vol. 24-14, July 15, 2024
The rules coordinator for Bellingham Technical College as
				designated by the president is the executive assistant to the
				president.
Statutory Authority:
				  RCW
				   28B.10.140,
				  42.30.075 and
				  chapter
				  34.05 RCW. 93-05-018,
				  §
										495B-134-010, filed 2/10/93,
				  effective 3/13/93.
Washington Administrative Code › Title 495B - Bellingham Technical College › Chapter 495B-140 - Use of college facilities › Section 495B-140-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) College groups
			 shall mean individuals, or combination of individuals, who are currently
			 enrolled students or current employees of Bellingham Technical College or who
			 are affiliated with a recognized student organization or a recognized employee
			 group of the college.
(2) College
			 facilities include all buildings, structures, grounds, office space, and
			 parking lots.
(3) "Limited public
			 forum areas" means those areas of each campus that the college has chosen to
			 open as places for expressive activities protected by the first amendment,
			 subject to reasonable time, place, or manner restrictions. This area is
			 identified in the college facilities use policy and may change from time to
			 time as decided by the college president.
(4) Noncollege groups shall mean individuals,
			 or combinations of individuals, who are not currently enrolled students or
			 current employees of Bellingham Technical College or who are not officially
			 affiliated or associated with a recognized student organization or a recognized
			 employee group of the college.
(5)
			 "Expressive activity" includes, but is not limited to, informational picketing,
			 petition circulation, the distribution of informational leaflets or pamphlets,
			 speech-making, demonstrations, rallies, appearances of speakers in outdoor
			 areas, protests, meetings to display group feelings or sentiments and/or other
			 types of assemblies to share information, perspective or viewpoints.
Statutory Authority:
				  RCW
				  28B.50.130. 12-21-061, §
										495B-140-005, filed 10/17/12,
				  effective 11/17/12.