reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-100 - Disciplinary proceedings

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 him or her to attend a disciplinary meeting. The
			 notice shall briefly describe the factual allegations, the provision(s) of the
			 conduct code the respondent is alleged to have violated, the range of possible
			 sanctions for the alleged violation(s), and specify the time and location of
			 the meeting. At the meeting, the student conduct officer will present the
			 allegations to the respondent and the respondent shall be afforded an
			 opportunity to explain what took place. If the respondent fails to attend the
			 meeting 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 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
			 132X-60-120.
(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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-109 - Brief adjudicative proceedings-Initial hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a conduct review officer. The conduct review officer shall not
			 participate in any case in which they are a complainant or witness, or in which
			 they have direct or personal interest, prejudice, or bias, or in which they
			 have acted previously in an advisory capacity.
(2) The parties to a brief adjudicative
			 proceeding are the respondent, the student conduct officer, and in cases
			 involving sexual misconduct, the complainant. Before taking action, the conduct
			 review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
			 agency's view of the matter; and
(b) An opportunity to explain the party's
			 view of the matter.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-115 - 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 days of
			 service of the initial decision.
(2) The president shall not participate in
			 any case in which he or she is a complainant or witness, or in which they have
			 direct or personal interest, prejudice, or bias, or in which they have acted
			 previously in an advisory capacity.
(3) During the review, the president shall
			 give 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 decision and must be
			 served on the parties within twenty days of the initial decision or of the
			 request for review, whichever is later. The decision on review will contain a
			 notice that judicial review may be available. A request for review may be
			 deemed to have been denied if the president does not make a disposition of the
			 matter within twenty days after the request is submitted.
(5) If the president, upon review, determines
			 that the respondent's conduct may warrant imposition of a disciplinary
			 suspension of more than ten instructional days or expulsion, the matter shall
			 be referred to the student conduct committee for a disciplinary
			 hearing.
(6) In cases involving
			 allegations of sexual misconduct, the president, on the same date as the final
			 decision is served on the respondent, will serve a written notice upon the
			 complainant informing the complainant whether the allegations of sexual
			 misconduct were found to have merit and describing any disciplinary sanctions
			 and/or conditions imposed upon the respondent for the complainant's protection,
			 including suspension or dismissal of the respondent. The notice will also
			 inform the complainant of their appeal rights.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-105 - Student judicial board appeals process

Current through Register Vol. 24-14, July 15, 2024
(1) The respondent may appeal a disciplinary
			 action by filing a written notice of appeal with the conduct review officer
			 within ten days of service of the student conduct officer's decision. Failure
			 to timely file a notice of appeal constitutes a waiver of the right to appeal
			 and the student conduct officer's decision shall be deemed final.
(2) The notice of appeal must include a brief
			 statement explaining why the respondent is seeking review.
(3) The parties to an appeal shall be the
			 respondent and the conduct review officer.
(4) A respondent, who timely appeals a
			 disciplinary action or whose case is referred to the student conduct committee,
			 has a right to a prompt, fair, and impartial hearing as provided for in these
			 procedures.
(5) On appeal, the
			 college bears the burden of establishing the evidentiary facts underlying the
			 imposition of a disciplinary sanction by a preponderance of the
			 evidence.
(6) Imposition of
			 disciplinary action for violation of the student conduct code shall be stayed
			 pending appeal, unless respondent has been summarily suspended.
(7) The student conduct committee shall hear
			 appeals from:
(a) The imposition of
			 disciplinary suspensions in excess of ten instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the
			 committee by the student conduct officer, the conduct review officer, or the
			 president.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-120 - Disciplinary sanctionsand terms and conditions

Current through Register Vol. 24-14, July 15, 2024
(1) The following disciplinary sanctions may
			 be imposed upon students found to have violated the student conduct code.
(a)
Disciplinary warning.
A
			 verbal statement to a student that there is a violation and that continued
			 violation may be cause for further disciplinary action.
(b)
Written reprimand.
Notice in
			 writing that the student has violated one or more terms of this code of conduct
			 and that continuation of the same or similar behavior may result in more severe
			 disciplinary action.
(c)
Disciplinary probation.
Formal action placing specific conditions
			 and restrictions upon the student's continued attendance depending upon the
			 seriousness of the violation and which may include a deferred disciplinary
			 sanction. If the student subject to a deferred disciplinary sanction is found
			 in violation of any college rule during the time of disciplinary probation, the
			 deferred disciplinary sanction, which may include, but is not limited to, a
			 suspension or a dismissal from the college, shall take effect immediately
			 without further review. Any such sanction shall be in addition to any sanction
			 or conditions arising from the new violation. Probation may be for a limited
			 period of time or may be for the duration of the student's attendance at the
			 college.
(d)
Disciplinary
			 suspension.
Dismissal from the college and from the student status for a
			 stated period of time. There will be no refund of tuition or fees for the
			 quarter in which the action is taken.
(e)
Dismissal.
The revocation of
			 all rights and privileges of membership in the college community and exclusion
			 from the campus and college-owned or controlled facilities without any
			 possibility of return. There will be no refund of tuition or fees for the
			 quarter in which the action is taken.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-125 - 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
			 132X-60-090(9).
(2) No student may conspire to engage in
			 hazing or participate in hazing of another. State law provides that hazing is a
			 criminal offense, punishable as a misdemeanor.
(3) Washington state law provides that:
(a) Any student group that knowingly permits
			 hazing is strictly liable for harm caused to persons or property resulting from
			 hazing. If the organization, association, or student living group is a
			 corporation whether for profit or nonprofit, the individual directors of the
			 corporation may be held individually liable for damages.
(b) Any person who participates in the hazing
			 of another shall forfeit any entitlement to state-funded grants, scholarships,
			 or awards for a period of time determined by the college.
(c) Student groups that knowingly permits
			 hazing to be conducted by its members or by others subject to its direction or
			 control shall be deprived of any official recognition or approval granted by
			 the college.
(d) Student groups
			 found responsible for violating the code of student conduct, college 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-130 - Readmission after suspension/dismissal

Current through Register Vol. 24-14, July 15, 2024
If the student has been suspended/dismissed, or feels that
				circumstances warrant reconsideration of the suspension/dismissal prior to its
				expiration, the student may be readmitted following approval of a written
				petition submitted to the vice-president for student services. Such petition
				must state reasons, including appropriate documentation, which support a
				reconsideration of the matter. The vice-president for student services will
				respond in writing within ten calendar days of receiving the written petition
				for readmission.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-60-130, filed 1/17/12,
				  effective 2/17/12. Statutory Authority:
				  RCW
				    28B.50.140(13). 00-05-023,
				  §
										132X-60-130, filed 2/8/00,
				  effective 3/10/00. Statutory Authority:
				  RCW
				    28B.50.140. 88-21-071 (Order 88-1), §
										132X-60-130, filed
				  10/18/88.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-140 - Summary suspension procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Summary suspension is a temporary exclusion from specified college premises or
			 denial of access to all activities or privileges for which a respondent might
			 otherwise be eligible, while an investigation and/or formal disciplinary
			 procedures are pending.
(2) The
			 student conduct officer may impose a summary suspension if there is probable
			 cause to believe that the respondent:
(a) Has
			 violated any provision of the code of conduct; and
(b) Presents an immediate danger to the
			 health, safety or welfare of members of the college community; or
(c) Poses an ongoing threat of substantial
			 disruption of, or interference with, the operations of the college.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-150 - Emergency procedures

Current through Register Vol. 24-14, July 15, 2024
In the event of activities which interfere with the orderly
				operation of the college, the vice-president for student services or the
				president, or their designees shall determine the course of action which
				appears to offer the best possibility for resolution of the problem. The
				emergency procedures outlined below will be followed if deemed
				essential:
(1) Inform those involved
			 in such activities that they are in violation of college code or civil/criminal
			 laws or regulations.
(2) Inform
			 them that they should cease and desist. Indicate an area on campus where they
			 are able to conduct their activities without interfering with the operation of
			 the college, if such an area is available.
(3) If they do not respond within a
			 reasonable time, call campus security.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-60-150, filed 1/17/12,
				  effective 2/17/12. Statutory Authority:
				  RCW
				    28B.50.140(13). 00-05-023,
				  §
										132X-60-150, filed 2/8/00,
				  effective 3/10/00. Statutory Authority:
				  RCW
				    28B.50.140. 88-21-071 (Order 88-1), §
										132X-60-150, filed
				  10/18/88.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-155 - 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 faculty member or administrator
			 (other than an administrator serving as a student conduct or conduct review
			 officer) appointed by the president at the beginning of the academic
			 year.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-165 - Appeal-Student conduct committee

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Proceedings of the student conduct committee shall be governed by the
			 Administrative Procedure Act, chapter 34.05 RCW.
(2) The student conduct committee chair shall
			 serve all parties with written notice of the hearing not less than seven days
			 in advance of the hearing date. 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 prehearing conferences and/or to make prehearing
			 decisions concerning the extent and form of any discovery, issuance of
			 protective decisions, and similar procedural matters.
(4) Upon request filed at least five days
			 before the hearing by any party or at the direction of the committee chair, the
			 parties shall exchange, no later than the third day prior to the hearing, lists
			 of potential witnesses and copies of potential exhibits that they reasonably
			 expect to present to the committee. Failure to participate in good faith in
			 such a requested exchange may be cause for exclusion from the hearing of any
			 witness or exhibit not disclosed, absent a showing of good cause for such
			 failure.
(5) The committee chair
			 may provide to the committee members in advance of the hearing copies of:
(a) The conduct officer's notification of
			 imposition of discipline (or referral to the committee); and
(b) The notice of appeal (or any response to
			 referral) by the respondent. If doing so, however, the chair should remind the
			 members that these "pleadings" are not evidence of any facts they may
			 allege.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-175 - Student conduct committee hearings-Presentations of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
			 failure of any party to attend or participate in a hearing, the student conduct
			 committee may either:
(a) Proceed with the
			 hearing and issuance of its decision; or
(b) Serve an decision of default in
			 accordance with
			 RCW
			   34.05.440.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-185 - Student conduct committee-Initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion of the hearing, the
			 student conduct committee shall permit the parties to make closing arguments in
			 whatever form it wishes to receive them. The committee also may permit each
			 party to propose findings, conclusions, and/or a proposed decision for its
			 consideration.
(2) Within twenty
			 days following the later of the conclusion of the hearing or the committee's
			 receipt of closing arguments, the committee shall issue an initial decision in
			 accordance with
			 RCW
			   34.05.461 and WAC
			 10-08-210.
			 The initial decision shall include findings on all material issues of fact and
			 conclusions on all material issues of law, including which, if any, provisions
			 of the student conduct code were violated. Any findings based substantially on
			 the credibility of evidence or the demeanor of witnesses shall be so
			 identified.
(3) The committee's
			 initial order shall also include a determination on appropriate discipline, if
			 any. If the matter was referred to the committee by the student conduct
			 officer, the committee shall identify and impose disciplinary sanc-tion(s) or
			 conditions, if any, as authorized in the student code. If the matter is an
			 appeal by a party, the committee may affirm, reverse, or modify the
			 disciplinary sanction and/or conditions imposed by the student conduct officer
			 and/or impose additional disciplinary sanction(s) or conditions as authorized
			 herein.
(4) The committee chair
			 shall cause copies of the initial decision to be served on the parties and
			 their legal counsel of record. The committee chair shall also promptly transmit
			 a copy of the decision and the record of the committee's proceedings to the
			 president.
(5) In cases involving
			 allegations of sexual misconduct, the chair of the student conduct committee,
			 on the same date as the initial decision is served on the respondent, will
			 serve a written notice upon the complainant informing the complainant whether
			 the allegations of sexual misconduct were found to have merit and describing
			 any disciplinary sanctions and/or conditions imposed upon the respondent for
			 the complainant's protection, including suspension or dismissal of the
			 respondent. Complainant may appeal the student conduct committee's initial
			 decision to the president subject to the same procedures and deadlines
			 applicable to other parties. The notice will also inform the complainant of
			 their appeal rights.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-190 - Appeal from student conduct committee's initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is aggrieved by the findings
			 or conclusions issued by the student conduct committee may appeal the
			 committee's initial decision to the president by filing a notice of appeal with
			 the president's office within ten days of service of the committee's initial
			 decision. Failure to file a timely appeal constitutes a waiver of the right and
			 the initial decision shall be deemed final.
(2) The notice of appeal must identify the
			 specific findings of fact and/or conclusions of law in the initial decision
			 that are challenged and must contain argument why the appeal should be granted.
			 If necessary to aid review, the president may ask for additional briefing from
			 the parties on issues raised on appeal. The president's review shall be
			 restricted to the hearing record made before the student conduct committee and
			 will normally be limited to a review of those issues and arguments raised in
			 the notice of appeal.
(3) The
			 president shall provide a written decision to the party and the student conduct
			 officer within twenty days after receipt of the notice of appeal. The
			 president's decision shall be final and shall include a notice of any rights to
			 request reconsideration and/or judicial review.
(4) In cases involving allegations of sexual
			 misconduct, the president, on the same date that the final decision is served
			 upon the respondent, shall serve a written notice informing the complainant of
			 the final decision. This notice shall inform the complainant whether the sexual
			 misconduct allegation was found to have merit and describe any disciplinary
			 sanctions and/or conditions imposed upon the respondent for the complainant's
			 protection, including suspension or dismissal of the respondent.
(5) The president shall not engage in an ex
			 parte communication with any of the parties regarding an appeal.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-195 - Sexual misconduct proceedings

Current through Register Vol. 24-14, July 15, 2024
Both the respondent and the complainant in cases involving
				allegations of sexual misconduct shall be provided the same procedural rights
				to participate in student discipline matters, including the right to
				participate in the initial disciplinary decision-making process and to appeal
				any disciplinary decision.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-200 - 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 South Puget Sound
				Community College's standard disciplinary procedures in chapter 132X-60 WAC,
				these supplemental procedures shall take precedence. South Puget Sound
				Community 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-210 - 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, South Puget Sound
				Community 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-220 - 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-230 - 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
			 vice president for student services or their designee 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 vice
			 president for student services or their designee determines that there are
			 sufficient grounds to proceed under these supplemental procedures, the vice
			 president for student services or their designee will initiate a Title IX
			 disciplinary proceeding by filing a written disciplinary notice with the chair
			 of the student conduct committee and serving the notice on the respondent and
			 the complainant, and their respective advisors. The notice must:
(a) Set forth the basis for Title IX
			 jurisdiction;
(b) Identify the
			 alleged Title IX violation(s);
(c)
			 Set forth the facts underlying the allegation(s);
(d) Identify the range of possible sanctions
			 that may be imposed if the respondent is found responsible for the alleged
			 violation(s); and
(e) Explain that
			 the parties are entitled to be accompanied by their chosen advisors during the
			 hearing and that:
(i) The advisors will be
			 responsible for questioning all witnesses on the party's behalf;
(ii) An advisor may be an attorney;
			 and
(iii) The college will appoint
			 the party an advisor of the college's choosing at no cost to the party, if the
			 party fails to do so.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-240 - 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 chapter 132X-60
			 WAC. In no event will the hearing date be set less than ten business 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 business 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-250 - Rights of parties

Current through Register Vol. 24-14, July 15, 2024
(1) The college's
			 standard student conduct procedures in chapter 132X-60 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-260 - 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 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-270 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
			 complying with chapter 132X-60 WAC, the student conduct committee will be
			 responsible for conferring and drafting an initial order that:
(a) Identifies the allegations of sexual
			 harassment;
(b) Describes the
			 grievance and disciplinary procedures, starting with filing of the formal
			 complaint through the determination of responsibility, including notices to
			 parties, interviews with witnesses and parties, site visits, methods used to
			 gather evidence, and hearings held;
(c) Makes findings of fact supporting the
			 determination of responsibility;
(d) Reaches conclusions as to whether the
			 facts establish whether the respondent is responsible for engaging in sexual
			 harassment in violation of Title IX;
(e) Contains a statement of, and rationale
			 for, the committee's determination of responsibility for each
			 allegation;
(f) Describes any
			 disciplinary sanction or conditions imposed against the respondent, if
			 any;
(g) Describes to what extent,
			 if any, complainant is entitled to remedies designed to restore or preserve
			 complainant's equal access to the college's education programs or activities;
			 and
(h) Describes the process for
			 appealing the initial order to the college president.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-60 - South Puget Sound code of student rights and responsibilities › Section 132X-60-280 - 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 responses 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 responses 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) The
			 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 132X - South Puget Sound Community College › Chapter 132X-70 - Faculty tenure › Section 132X-70-010 - Tenure and dismissal

Current through Register Vol. 24-14, July 15, 2024
It is the rule of the board of trustees of Community College
				District XXIV that all matters related to tenure and dismissal of academic
				employees shall be governed by the laws of the state of Washington and the
				terms of the negotiated agreement between the board of trustees of Community
				College District XXIV and the South Puget Sound Community College federation of
				teachers as contained in that agreement.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-70-010, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-70 - Faculty tenure › Section 132X-70-020 - Professional leave

Current through Register Vol. 24-14, July 15, 2024
It is the rule of the college that faculty be granted
				professional leave for the purpose of providing opportunities for study,
				research and creative activities for the enhancement of the college's
				instructional programs and services per
				RCW
				  28B.10.650.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-70-020, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-80 - Course materials sales › Section 132X-80-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This rule governs affiliated bookstores in materials for
				courses.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-80-010, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-80 - Course materials sales › Section 132X-80-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Materials
means any supplies or texts required or recommended by
			 faculty or staff for a given course.
(2)
Bundled
means a group of
			 objects joined together by packaging or required to be purchased as an
			 indivisible unit.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-80-020, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-80 - Course materials sales › Section 132X-80-030 - Course materials and cost savings

Current through Register Vol. 24-14, July 15, 2024
(1) The college bookstore will provide
			 students the option of purchasing materials that are unbundled, when
			 possible.
(2) The college bookstore
			 will publicly disclose to faculty, staff and students the title, authors,
			 edition, International Standard Book Number (ISBN), and retail price of
			 materials on a per course basis four weeks before each term begins.
(3) The college bookstore will disclose
			 publicly how new editions vary from previous editions by providing the contact
			 information for the publisher when requested.
(4) When a new edition of a textbook is
			 ordered by faculty, the bookstore will provide new text pricing for the faculty
			 when contacted directly. The bookstore will also inquire if students may use
			 the old edition if it is available.
(5) The college bookstore will promote and
			 publicize book buy-back programs.
(6) Faculty and staff are encouraged to
			 consider the least costly practices in assigning course materials such as:
(a) Adopting the least expensive edition
			 available when educational content is comparable as determined by the
			 faculty;
(b) Working closely with
			 publishers and bookstore staff to create bundled materials if such packaging
			 delivers cost savings to students; and
(c) Working with the bookstore staff to
			 disseminate open source course materials when such open source materials are
			 adopted and required for the course.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide process for brief and
				full adjudicative hearings.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-90-010, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-020 - Model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure adopted by the chief
				administrative law judge pursuant to
				RCW
				  34.05.250, as now or hereafter amended, are
				hereby adopted for use at the college. Those rules may be found at chapter
				10-08 WAC. Other procedural rules adopted in this title are supplementary to
				the model rules of procedure. In the case of a conflict between the model rules
				of procedure and procedural rules adopted in this title, the procedural rules
				adopted by the college shall govern.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-90-020, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-030 - Variation from time limits

Current through Register Vol. 24-14, July 15, 2024
The college finds that in light of its governance structure it
				may be necessary from time to time to change the time limits set forth in
				chapter
				34.05 RCW for adjudicative
				or brief adjudicative hearings. The college is hereby authorized to provide for
				emergency variation of the time limits as required in a specific case(s). Any
				modification in the time limits shall be to new time limits that are reasonable
				under the specific circumstances. The presiding or reviewing officer shall give
				reasonable and adequate notice of the pertinent time limits to the affected
				persons. Affected persons may also waive any rights conferred upon them by
				chapter
				34.05
				RCW.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-90-030, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-040 - Brief adjudicative procedure

Current through Register Vol. 24-14, July 15, 2024
This rule adopts the provision of
				RCW
				  34.05.482 through
				34.05.494.
				Brief adjudicative procedures shall be used in all matters related to:
(1) Residency classifications made pursuant
			 to
			 RCW
			   28B.15.013;
(2) Outstanding debts of college employees or
			 students;
(3) Loss of eligibility
			 to participate in athletic events;
(4) Contents of educational records pursuant
			 to  34 C.F.R. Sec. 99.21;
(5) Denial
			 of mandatory tuition and fee waivers;
(6) Denial of tuition and fee
			 refunds;
(7) Use of college
			 facilities;
(8) Any other rule
			 adopted by college which specifically provides for a brief adjudicative
			 procedure; and
(9) Student conduct
			 disciplinary proceedings.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				    42.56.040. 12-03-093, §
										132X-90-040, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-050 - Appointment of presiding officers

Current through Register Vol. 24-14, July 15, 2024
The president or his/her designee shall designate a presiding
				officer for an adjudicative proceeding. The presiding officer shall be an
				administrative law judge, a member in good standing of the Washington Bar
				Association, a panel of individuals, the president or his/her designee, or any
				combination of the above. Where more than one individual is designated to be
				the presiding officer, one person shall be designated by the president or
				president's designee to make decisions concerning discovery, closure, witness
				exclusion, means of recording adjudicative proceedings, and similar
				matters.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-90-050, filed 1/17/12,
				  effective 2/17/12.
Washington Administrative Code › Title 132X - South Puget Sound Community College › Chapter 132X-90 - Process for hearings › Section 132X-90-060 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
An application for adjudicative proceeding shall be in writing
				and should be submitted to the following address within twenty-one days of the
				college action giving rise to the application, unless provided for otherwise by
				statute or rule: President's Office, South Puget Sound Community College, 2011
				Mottman Road S.W., Olympia, Washington 98512-6292.
Statutory Authority:
				  Chapter
				  28B.50 RCW and
				  RCW
				  42.56.040. 12-03-093, §
										132X-90-060, filed 1/17/12,
				  effective 2/17/12.