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College Policies
& Procedures
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Policy Type: |
General Administrative |
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Policy Title: |
Rules of Student Conduct |
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Policy Number: |
GA-20 |
Purpose:
WAC 132J-125-010 Purpose.
(1) Green River Community College, an agency
of the state of Washington, provides a variety of educational
opportunities for students; namely the opportunities to examine the
academic, vocational, technical, cultural, social and recreational
aspects of society. Green River Community College as an institution of
society must maintain conditions conducive to the effective performance
of its functions. Consequently, Green River Community College has
special expectations regarding the conduct of students. Student conduct
that detracts from, or interferes with, the accomplishment of college
purposes is not acceptable.
(2) The student is, first of all, a member
of the community at large, and as such has the rights and
responsibilities of any citizen. In addition, admission to Green River
Community College carries with it the presumption that students will
conduct themselves as responsible members of the college community. This
includes an expectation that students will obey the law, will comply
with rules and regulations of the college, will maintain a high standard
of integrity and honesty, and will respect the rights, privileges and
property of other members of the college community.
(3) The following rules regarding the
conduct of students are adopted in order to provide students a full
understanding of the rules that will enable the college to maintain
conditions conducive to the effective performance of the college's
functions. Sanctions for violations of the rules of student conduct will
be administered by the college in the manner provided by said rules.
When violations of laws of the state of Washington and/or the United
States are also involved, the college may refer such matters to the
appropriate authorities. In cases of minors, this conduct may also be
referred to parents or legal guardians.
Scope:
WAC 132J-125-030 Jurisdiction. This chapter shall apply to students and
student conduct which occurs (1) on or in a college facility or (2)
whenever a student is present at or engaged in any college-sponsored
program or function. This chapter is not exclusive, and where conduct
becomes known which may also violate any other rule or provision of law,
nothing herein shall limit the right or duty of any person to report
elsewhere or seek another remedy for that conduct.
Definitions:
WAC 132J-125-020 Definitions. As used in this chapter, unless the context
requires otherwise:
(1) "Administration" and "administrator" include the
president, assistant(s) to the president, vice presidents, deans,
directors of programs or functions, and everyone else designated as a
member of the administration by the board of trustees.
(2) "Arbitrary or capricious" refers to willful or
unreasonable action, taken without consideration of, or in disregard of,
facts or circumstances of a particular case. Where there is room for two
reasonable opinions, an action shall not be deemed to be arbitrary or
capricious when taken honestly and upon due consideration, however much it
may be believed that an erroneous conclusion has been reached.
(3) "Assembly" means any overt activity engaged in by two or
more persons, the object of which is to gain publicity, advocate a view,
petition for a cause, or disseminate information to any person, persons,
or group of persons.
(4) "College" means the institution(s) operated by the board
of trustees of the district.
(5) "College community" is composed of all individuals who
are enrolled in classes and/or employed by the college.
(6) "College facilities" and "college facility" mean and
include any and all real and personal property owned, rented, leased or
operated by the board of trustees of Washington State Community College
District 10, and shall include all buildings and appurtenances attached
thereto and all parking lots and other grounds.
(7) "Designee" means a person appointed in writing by an
officer or other person designated in a rule to perform a function, to
perform that function on the appointer's behalf.
(8) "Disciplinary action" and "discipline" shall mean and
include reprimand, probation, suspension, dismissal, monetary fine,
restitution, and any other action taken against a student as a sanction or
penalty for violation of a designated rule of student conduct.
(9) "District" means Washington State Community College
District 10.
(10) "Faculty member" and "instructor" mean any employee of
Washington Community College District 10 who is employed on a full or
part-time basis as a teacher, instructor, counselor or librarian.
(11) "President" is the chief executive officer of the
college appointed by the board of trustees.
(12) "Recognized student organization" means the organization
established by and operated pursuant to the Constitution of the Associated
Students of Green River Community College.
(13) "Rules of student conduct" shall mean those rules
regulating student conduct as herein adopted.
(14) "Service," "serve," "filing" and "file" shall have the
meanings in WAC 10-08-110.
(15) "Student" is any person who is enrolled for classes or
is formally in the process of applying for admission to the college.
(16) The singular includes the plural and vice versa, the
masculine includes the feminine and vice versa, and the disjunctive
includes the conjunctive and vice versa.
Policy or Procedure:
WAC 132J-125-055 Right to demand identification.
(1) For the purpose of determining identity
of a person as a student, any faculty member, college administrator, or
designee of the president may demand that any person produce evidence of
student enrollment at the college. Presenting a current student
identification card with a picture I.D. card will be deemed proof of
student status.
(2) Refusal by a student to produce
identification as required shall be cause for disciplinary action.
WAC 132J-125-060 Freedom of expression. The
right of free speech is fundamental to the democratic process. Students
and other members of the college community shall be free to express their
views or support causes by orderly means which do not disrupt the regular
and essential operations of the college.
WAC 132J-125-065 Right to assembly.
(1) Students shall have the right of
"assembly" upon college facilities that are generally available to the
public. Such assembly shall:
(a) Be conducted in an orderly manner;
(b) Not unreasonably interfere with vehicular or pedestrian traffic;
(c) Not unreasonably interfere with classes, schedules, meetings or
ceremonies, and
(d) Not unreasonably interfere with the regular activities of the
college.
(2) A student who conducts or participates in an assembly in a manner
which causes or helps to cause a violation of this section shall be
subject to discipline.
(3) All speakers at an assembly shall allow time, insofar as
circumstances reasonably permit, for a question and answer session.
(4) Sound amplifying equipment shall not be used without permission of
the college president or president's designee.
WAC 132J-125-070 Right to outside speakers.
(1) Any recognized student organization,
after written notification to the dean for student programs as
prescribed herein, may invite a speaker to the college, subject to any
restraints imposed by law.
(2) The appearance of an invited speaker at
the college does not represent an endorsement, either implicit or
explicit, by the college.
(3) The scheduling of facilities for hearing invited speakers shall be
made through the college conference and scheduling office.
(4) The dean for student programs must be notified in writing at least
four academic days prior to the appearance of an invited speaker.
Notification shall include time, location and sponsoring organization.
An exception to the four day notification requirement may be made by the
dean for student programs or the vice president for marketing and
student development.
(5) All speakers shall allow time, insofar as circumstances reasonably
permit, for a question and answer session.
WAC 132J-125-075 Right to sale of personal
property.
(1) Students have the right to engage in
legal, incidental sales of personal property in private transactions.
(2) All other sales shall take place in
Lindbloom Student Center subject to the approval and requirements of the
dean for student programs or designee.
WAC 132J-125-080 Distribution of materials.
(1) Handbills, leaflets, newspapers and
similar materials may be distributed free of charge upon college
facilities designated by the dean for student programs, provided that
such distribution does not interfere with the ingress and egress of
persons or interfere with the free flow of vehicle or pedestrian
traffic.
(2) All students and nonstudents shall
register with the dean for student programs prior to distributing any
handbill, leaflet, newspaper or related matter, including, but no
limited to, materials to be posted on college bulletin boards.
(3) The distribution of materials is prohibited in parking areas.
(4) All handbills, leaflets, newspapers and similar materials should
identify the publisher and the distributing organization or individual.
(5) Distribution by means of accosting individuals or unreasonably
disruptive behavior is prohibited.
(6) Any student who violates any provision of this rule relating to the
distribution and sale of handbills, leaflets, newspapers or similar
materials shall be subject to discipline.
(7) Any distribution of the materials regulated in this section shall
not be construed as approval of the same by the college.
WAC 132J-125-085 Denial of access to Green
River Community College.
(1) The vice-president for marketing and
student development may deny admission to a prospective student, or
continued attendance to an enrolled student, if it reasonably appears
that the student would not be competent to profit from the curriculum
offerings of the college, or would, by the student's presence or
conduct, create a disruptive atmosphere within the college or a
substantial risk of actual harm to a member of the campus community.
(2) Denial of access decisions may be appealed, as or like disciplinary
actions, to the disciplinary board or academic board, whichever is
designated by the vice-president for marketing and student development.
WAC 132J-125-090 Trespass.
(1) In the instance of any event that the
vice-president for marketing and student development or designee deems
to be disruptive of order, or deems to impede the movement of persons or
vehicles, or deems to disrupt or threaten to disrupt the ingress or
egress of persons from college facilities, the vice-president for
marketing and student development or designee is authorized to:
(a) Prohibit the entry of any person, or
withdraw from any person the license or permission to enter onto or
remain, upon any portion of a college facility;
(b) Give notice against trespass to any person from whom the license or
permission has been withdrawn or who has been prohibited from entering
onto or remaining upon all or any portion of a college facility;
(c) Order any person to leave or vacate all or any portion of a college
facility.
(2) Any student who disobeys a lawful order given by the vice-president
or designee pursuant to subsection (1) shall be subject to discipline.
WAC 132J-125-095 Smoking. Smoking in college
buildings and in areas of the campus not specifically posted by the
administration as open for smoking is not permitted. Violations of this
section shall be cause for discipline.
WAC 132J-125-100 Liquor. Any student who,
while in any college facility or participating in a college-related
program, uses, possesses, consumes, is demonstrably under the influence
of, or sells any liquor as defined in RCW 66.04.010, in violation of law
or in a manner which significantly disrupts a college activity, shall be
subject to discipline.
WAC 132J-125-105 Drugs/substance abuse. Any
student who, while in any college facility or participating in a
college-related program, uses, possesses, consumes, is demonstrably under
the influence of, or sells any narcotic drug or controlled substance as
defined in RCW 69.50.101, in violation of law or in a manner which
significantly disrupts a college activity, shall be subject to discipline.
For purposes of this section, "sell" includes the statutory meaning in RCW
69.50.410.
WAC 132J-125-110 Conduct at college functions.
Any student who significantly disrupts any college function by
intentionally engaging in conduct that renders it difficult or impossible
to continue such a function in an orderly manner, shall be subject to
discipline. A college function for this purpose includes, but is not
limited to, any disciplinary, grievance, or appeal meeting or hearing
under these rules.
WAC 132J-125-115 Theft -- Stolen property --
Robbery. Any student who, while in any college facility or participating
in a college-related program, commits theft as defined in RCW 9A.56.020,
or possesses stolen property as defined in RCW 9A.56.140, or commits
robbery as defined in RCW 9A.56.190, shall be subject to discipline.
WAC 132J-125-120 Damaging property.
(1) Any student who causes or attempts to
cause physical damage to property owned, controlled or operated by the
district, or to property owned, controlled or operated by another person
while said property is located on college facilities, shall be subject
to discipline.
(2) Any student who in this or any other manner is guilty of malicious
mischief in violation of RCW 9A.48.070 through 9A.48.100 shall be
subject to discipline.
WAC 132J-125-125 Interference -- Intimidation.
Any student who, while in any college facility or participating in a
college-related program, shall interfere by force or violence with, or
intimidate by threat of force or violence, another person who is in the
peaceful discharge or conduct of his/her duties or studies, in the manner
prohibited by RCW 28B.10.570 or 28B.10.571, shall be subject to
discipline.
WAC 132J-125-130 Offensive language. Any
student who, while in any college facility or participating in a
college-related program, and without a privilege to do so, uses language
which he/she knows or should know is offensive to a reasonable person,
shall be subject to discipline.
WAC 132J-125-135 Sexual harassment. Any
student who, while in any college facility or participating in a
college-related program, knowingly engages in unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a
sexual nature, where such behavior offends the recipient, causes
discomfort or humiliation, or interferes with job or academic performance,
shall be subject to discipline.
WAC 132J-125-140 Forgery or alteration of
records. Any student who, while in any college facility or participating
in a college-related program, engages in forgery, as defined in RCW
9A.60.020, shall be subject to discipline.
WAC 132J-125-145 Computer trespass. Any
student who, without authorization, intentionally gains access to a
computer system or electronic data of another student, a faculty member or
the district, in violation of RCW 9A.52.110 through 9A.52.130, shall be
subject to discipline.
WAC 132J-125-150 Firearms/explosives. Any
student who, while in any college facility or participating in a
college-related program, uses or has on his/her person firearms or
explosive materials, without written permission of the vice-president for
marketing and student development or vice-president's designee, shall be
subject to discipline.
WAC 132J-125-155 Other punishable acts. Any
student who, while in any college facility or participating in a
college-related program, commits any other act which is a crime under the
laws of the state of Washington or the United States and which act does
not otherwise violate a rule of student conduct, shall be subject to
discipline.
WAC 132J-125-160 Initiation and types of
nonacademic discipline.
(1) Any college administrator, except the
president or a member of the disciplinary board, may take either of the
following disciplinary actions against a student, for causes other than
cheating or classroom misconduct:
(a) Warning: An oral or written notice to a student that college
expectations about conduct have not been met;
(b) Reprimand: A written notice, designated as a reprimand, which
censures a student for improper conduct and includes a warning that
continuation or repetition of improper conduct may result in other,
further discipline.
(2) A copy of any written warning or reprimand should be provided to the
vice-president for marketing and student development.
(3) The vice-president for marketing and student development, or
designee, after meeting or attempting to meet with the student to advise
of the potential violation and penalties, may issue a warning or
reprimand or take any of the following disciplinary actions against a
student, for causes other than cheating or classroom misconduct:
(a) Probation: A written statement placing specific conditions upon the
student's continued attendance at the college, for a stated period of
time not exceeding termination of the student's enrollment. Violation of
any such condition shall be cause for further disciplinary action;
(b) Suspension or Dismissal: Written termination of status as a student
at the college, for a period of time that is limited (suspension) or
indefinite or open-ended (dismissal). The written notice should indicate
any condition(s) for readmission, and that written application for
readmission must be made to the vice-president for marketing and student
development. Upon receipt of such an application, with justification
deemed adequate by that vice-president, the student may be readmitted.
No fees will be refunded for the quarter in which the action is taken;
(c) Monetary fine or restitution: A written order, alone or combined
with another disciplinary action, requiring the student to pay, within a
stated time limit, appropriate restitution for a financial loss caused
by the student's misconduct and/or a monetary fine not exceeding one
quarter's tuition. Failure to pay shall be cause for further
disciplinary action and/or canceling and barring the student's
registration.
(4) Any written notice of disciplinary action under this rule (a) shall
be either delivered personally or mailed by first class mail to the
student's last known address, within sixty academic days after the later
of the student misconduct or the date the misconduct was discovered or
should have been discovered, and (b) shall advise the student of his/her
right to appeal under these rules.
WAC 132J-125-165 Appeal of nonacademic
discipline. A student may appeal a nonacademic disciplinary action by
filing with the vice-president for marketing and student development,
within twenty days after the earlier of personal delivery or mailing of
notice of the disciplinary action, a written application for an
adjudicative proceeding conducted by the disciplinary board. The
vice-president or designee has discretion to extend this deadline for good
cause.
WAC 132J-125-170 College disciplinary board.
(1) The Green River Community College
disciplinary board is hereby established. The purpose of the
disciplinary board is to provide a student with an opportunity to be
heard by an independent body with regard to nonacademic discipline.
(2) The disciplinary board shall be composed of five members, who should
be chosen no later than November first of each academic year. The board
members shall be selected as follows:
(a) The recognized faculty organization shall appoint one member and an
alternate; each such person shall serve a two-year term, which shall
automatically be extended until his/her successor is appointed.
(b) The president of the recognized student organization shall appoint
two members and an alternate; each such person shall serve a one-year
term, which shall automatically be extended until a successor is
appointed.
(c) The college president shall appoint one member and an alternate from
the college administration, neither of them being the vice-president for
marketing and student development, who shall serve at the pleasure of
the president.
(d) The chairperson of the board shall be the person functioning as dean
of educational planning or his/her designee; if that dean is
disqualified from serving, the chairperson shall be the person
functioning as dean of student programs or his/her designee.
SECTION III
ACADEMIC RESPONSIBILITIES AND RIGHTS
WAC 132J-125-180 Academic responsibilities.
Admission to Green River Community College carries with it the presumption
that students will conduct themselves as responsible and honorable members
of the college community. Students are expected to maintain high standards
of academic honesty and integrity.
WAC 132J-125-190 Student academic rights.
(1) A student has the right to fair and
equal treatment in all areas of academic concern.
(2) A student has the right to a fair evaluation of his/her academic
work.
(3) A student has the right to clearly stated criteria for evaluation by
the faculty.
(4) A student has the right to appeal any academic discipline.
WAC 132J-125-200 Plagiarism/cheating.
(1) Any student who, for the purpose of
fulfilling or partially fulfilling any assignment or task required by
the faculty as part of the student's program of instruction, shall
commit plagiarism or otherwise knowingly tender any work product that
the student falsely represents to the faculty as the student's work
product, in whole or in part, shall be subject to discipline.
(2) Any student who knowingly aids or abets the accomplishment of
cheating, as defined in subsection (1) of this section, shall also be
subject to discipline.
WAC 132J-125-210 Classroom conduct. Any
student who significantly disrupts any college class and makes it
unreasonably difficult to conduct the class in an orderly manner shall be
subject to discipline.
WAC 132J-125-220 Initiation of academic
discipline.
(1) After considering available information
about possible violation of an academic rule:
(a) A college instructor, after meeting or attempting to meet with the
accused student, and upon written notice to the student, may assign to
the student a lower or failing grade for an individual project, test or
paper or for the entire course;
(b) The student's dean, after consulting with the division or department
involved and meeting or attempting to meet with the accused student, may
recommend modification of the instructor's action and/or dismissal of
the student from the college;
(c) The vice-president for instruction, after consulting with the dean
and meeting or attempting to meet with the accused student, may modify
the instructor's action and/or place the student on probation or dismiss
the student from the college.
(2) Written notice of any academic discipline under this rule (a) shall
be either delivered personally or mailed by first class mail to the
student's last known address, within sixty academic days after the later
of the student misconduct or the date the misconduct was discovered or
should have been discovered, and (b) shall advise the student of his/her
right to appeal under these rules.
WAC 132J-125-230 Student academic grievance.
An academic grievance refers to a claim by a student that:
(1) A specific grade assigned to the student
by an instructor is the result of an arbitrary or capricious application
of otherwise valid standards of academic evaluation;
(2) The standards employed by an instructor in evaluating the student's
academic progress are arbitrary or capricious; or
(3) An instructor or academic administrator has made an arbitrary or
capricious decision or taken an arbitrary or capricious action which
adversely and significantly affects the student's academic standing or
career.
WAC 132J-125-240 Appeal of academic discipline
-- Filing of academic grievance.
(1) A student may appeal academic discipline
or initiate an academic grievance by the following steps:
(a) Step one -- Within ten days of the earlier of mailing or personal
receipt of notice of the disciplinary action or receipt of notice or
information about the facts on which the grievance is based, the student
must meet or deliver a written request to meet immediately with his/her
instructor to discuss the specific academic discipline or grievance.
(b) Step two -- If no resolution occurs, the student must notify the
vice-president for marketing and student development. That
vice-president or his/her designee shall attempt to arrange a meeting
with the student, faculty member and division chairperson.
(c) Step three -- If no resolution occurs, the student must again notify
the vice-president for marketing and student development or designee,
who shall attempt to arrange a meeting between the student and the
appropriate instructional administrator.
(d) Step four -- If no resolution occurs, the student must again notify
the vice-president for marketing and student development or designee,
who shall attempt to arrange a meeting between the student and
vice-president for instruction.
(2) Every affected person shall act promptly and in good faith to
complete these four steps in an expeditious manner. Failure to act
promptly and in good faith shall be cause for the vice-president for
marketing and student development or designee to uphold or dismiss the
appeal or grievance without completion of any remaining step, provided
that any such action shall itself be appealable to the academic board.
(3) If no resolution has occurred through use of all of these four steps
within twenty days after the action being challenged in the student's
appeal or grievance, the student may file with the vice-president for
marketing and student development, within thirty days after the action
being challenged, a written application for an adjudicative proceeding
conducted by the academic board. The vice-president or designee has
discretion to extend this deadline for good cause.
WAC 132J-125-250 College academic board.
(1) The Green River Community College
academic board is hereby established. The purpose of the academic board
is to provide a student with an opportunity to be heard by an
independent body with regard to discipline and/or an academic grievance.
(2) The academic board shall be composed of five members, who should be
chosen no later than November 1st of each academic year. The board
members shall be selected as follows:
(a) The recognized faculty organization shall appoint two members and an
alternate; each such person shall serve a two-year term, one beginning
and ending in even-numbered years and the other in odd-numbered years,
which term shall automatically be extended until a successor is
appointed.
(b) The president of the recognized student organization shall appoint
one member and an alternate; each such person shall serve a one-year
term, which shall automatically be extended until a successor is
appointed.
(c) The college president shall appoint one member and an alternate from
the college administration, neither of them being the vice-president for
marketing and student development, who shall serve at the pleasure of
the president.
(d) The chairperson of the board shall be a college dean not previously
involved in the case, as designated by the vice-president for marketing
and student development.
SECTION IV
DISCIPLINE/GRIEVANCE ADJUDICATIONS
WAC 132J-125-260 Discipline and grievance --
Type of adjudicative proceeding.
(1) A student may appeal a disciplinary
action or continue an academic grievance by filing a written application
for an adjudicative proceeding with the vice-president for marketing and
student development as specified in WAC
132J-125-165 or
132J-125-240. The application may, but need not, be on a form
provided under WAC 132J-108-040.
(2) The vice-president for marketing and student development or designee
shall determine, after promptly meeting or attempting to meet with the
student, (a) whether the disciplinary board or the academic board should
hear the appeal and (b) whether the matter will be heard as a regular
adjudicative proceeding or a brief adjudicative proceeding.
(3) In an academic grievance case or a case where the student is
appealing disciplinary dismissal from the college, the student shall be
entitled to a regular adjudicative proceeding under
WAC 132J-125-280 if he/she files a proper written application for
such a proceeding.
(4) In any other case, the matter shall be handled as a brief
adjudicative proceeding under
WAC 132J-125-290.
WAC 132J-125-270 Discipline and grievance --
Proceedings generally. In both adjudicative proceedings and brief
adjudicative proceedings:
(1) The matter shall be heard by the
presiding officer de novo.
(2) No person may serve as a presiding officer or board member in a
particular case if he/she has direct and significant personal knowledge
of the relevant facts. Disqualification and replacement of a board
member, for a particular case only, shall be as provided in RCW
34.05.425, with substitution of that member's alternate.
(3) Failure to participate or cooperate in the proceeding may be taken
into consideration by the presiding officer and shall not preclude the
presiding officer from making a decision. This shall not in any way
limit the possibility of a default under RCW 34.05.440.
(4) The vice-president for marketing and student development may
designate a representative on behalf of the disciplinary action or
faculty member. No attorney representative of any party may participate
in a hearing unless he/she has filed and served a notice of appearance
at least five days before the hearing, but in the event of such notice
any other party may also have counsel.
(5) The presiding officer may exclude from a meeting or hearing any
person whose conduct is disruptive.
(6) The presiding officer and, subsequently, a reviewing officer may
affirm, modify, or reverse any previous decision or action in the
matter, and a reviewing officer may remand, in accordance with RCW
34.05.464 or 34.05.491 as applicable.
WAC 132J-125-280 Discipline and grievance --
Regular adjudicative proceedings. In a regular adjudicative proceeding:
(1) RCW 34.05.413 through 34.05.476 and
chapters 10-08 and 132J-108 WAC shall govern, unless otherwise provided
in these rules. For purposes of RCW 34.05.425 and WAC 132J-108-020, the
college board of trustees and college president designate the
appropriate hearing board (disciplinary or academic) as presiding
officer and designate that board's chairperson to make procedural
decisions.
(2) The presiding officer shall designate a non-voting record-keeping
clerk and may designate additional non-voting staff as appropriate.
Hearings shall be recorded, in accordance with WAC 10-08-170.
(3) The presiding officer may conduct prehearing conference(s) in
accordance with RCW 34.05.431 and WAC 10-08-130.
(4) The presiding officer may permit or conduct discovery as provided in
RCW 34.05.446, WAC 10-08-120, and 132J-108-060.
(5) The presiding officer(s) shall give not less than seven days advance
written notice of a hearing to all parties and intervenors, except where
such notice is waived, in accordance with RCW 34.05.434, WAC 10-08-040
or other applicable law.
(6) Four board members shall constitute a quorum and decisions shall
require three or more votes.
(7) Hearings shall be conducted in accordance with chapter 34.05 RCW and
chapters 10-08 and 132J-108 WAC.
(8) In a disciplinary proceeding, the burden of proof shall be on the
party seeking to uphold the discipline to establish good cause by a
preponderance of the evidence. In a grievance proceeding, the burden of
proof shall be on the student to establish his/her claim by a
preponderance of the evidence.
(9) Within the ninety days specified in RCW 34.05.461, and preferably
within thirty days, the presiding officer shall serve on the parties and
the president an initial order. At the same time, a full and complete
record of the proceedings shall also be transmitted to the president.
The initial order shall include a statement of findings and conclusions
and otherwise comply with RCW 34.05.461 and WAC 10-08-210. It shall also
describe the available administrative review procedures specified in the
following subparagraph.
(10) The initial order shall become the final order, without further
action, unless within twenty days of service of the initial order (a)
the president or president's designee, upon his/her own motion,
determines that the initial order should be reviewed or (b) a party to
the proceedings files with the president a written petition for
administrative review of the initial order. RCW 34.05.464 and WAC
10-08-211 shall apply to any such determination or petition.
WAC 132J-125-290 Discipline and grievance --
Brief adjudicative proceedings. In a brief adjudicative proceeding:
(1) RCW 34.04.485 [34.05.485] through
34.05.494 and WAC 10-08-080 shall govern, unless otherwise provided in
these rules. For purposes of RCW 34.05.485 and WAC 132J-108-020, the
college board of trustees and college president designate the
chairperson of the appropriate hearing board (disciplinary or academic)
as the sole presiding officer of a brief adjudicative proceeding.
(2) The presiding officer shall serve on the parties and the president
an initial order, a brief written statement of the reasons for the
decision, within ten days, in accordance with RCW 34.05.485. That
statement shall describe the available administrative review procedures
specified in the following subparagraph.
(3) Within twenty-one days after service of the initial order, (a)
either party may make a written or oral request for administrative
review by the president or (b) the president or president's designee may
review the matter on his/her own motion. Any such review shall be
governed by RCW 34.05.491. If no such review is taken, the initial order
shall be the final order.
WAC 132J-125-300 Summary suspension or
removal.
(1) A student who significantly disrupts any
college class, function, or hearing and makes it unreasonably difficult
to conduct the class, function, or hearing in an orderly manner shall be
subject to summary suspension or removal. This summary action may be in
addition to any other disciplinary action for the same misconduct.
(2) A faculty member, vice-president other than the vice-president for
marketing and student development, dean, the coordinator or director of
student activities, or designee of any of them, who has observed or
otherwise has knowledge about such a disruption, may summarily suspend a
student and/or order removal of the student from all or part of the
college facilities for a period of up to five academic days. The student
ordinarily should, but need not be, warned that such action is possible
and given a chance to correct the offensive behavior before summary
action is taken.
(3) The student shall be notified, verbally and/or by a writing mailed
by first class mail to the student's last known address or
hand-delivered, of the summary action taken and the time period during
which it is effective. The suspension or removal may begin immediately
and may be renewed for an additional five day period.
(4) Upon the student's written request, made within five days of the
earlier of mailing or personal receipt of notice of the summary action,
the suspension or removal shall be reviewed by the vice-president for
marketing and student development. After such review, the vice-president
shall issue a written decision continuing, modifying or rescinding the
summary action and/or taking any further disciplinary action that he/she
deems appropriate.
(5) A student may appeal a summary suspension or removal like any other
disciplinary action, by filing an application for an adjudicative
proceeding under
WAC 132J-125-260. The presiding officer may consolidate this appeal
with any related pending matter.
WAC 132J-125-310 Recordkeeping.
(1) The vice-president for marketing and
student development shall maintain for at least six years the following
records of student grievance and disciplinary actions and proceedings:
(a) Only initial and final orders in cases where a student's grievance
has been sustained or a disciplinary action against a student has been
reversed and the student fully exonerated;
(b) The complete records, including all orders, in all other cases where
adjudication has been requested;
(c) A list or other summary of all disciplinary actions reported or
known to the vice-president and not appealed.
(2) Final disciplinary actions shall be entered on student records,
provided that the vice-president for marketing and student development
shall have discretion to remove some or all of that information from a
student's record upon the student's request and showing of good cause.
Specific Authority:
RCW 28B.50.140(13). 93-04-022, § 132J-125-010, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-020, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-030, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-055,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-060, filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13).
93-04-022, § 132J-125-065, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-070, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-075, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-080, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-085,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-090, filed 1/27/93, effective 2/27/93; CW 28B.50.140(13).
93-04-022, § 132J-125-095, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-100, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-105, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-110, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-115,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-120, filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13).
93-04-022, § 132J-125-125, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-130, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-135, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-140, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-145,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-150, filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13).
93-04-022, § 132J-125-155, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-160, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-165, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-170, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-180,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-190, filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13).
93-04-022, § 132J-125-200, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-210, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-220, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-230, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-240,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-250, filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13).
93-04-022, § 132J-125-260, filed 1/27/93, effective 2/27/93; RCW
28B.50.140(13). 93-04-022, § 132J-125-270, filed 1/27/93, effective
2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-280, filed 1/27/93,
effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-290, filed
1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, § 132J-125-300,
filed 1/27/93, effective 2/27/93; RCW 28B.50.140(13). 93-04-022, §
132J-125-310, filed 1/27/93, effective 2/27/93.
Law Implemented:
History of Policy or Procedure
Draft:
Adopted: February 27, 1993
Revised: April 5, 2005
Reviewed by:
Contact: John Ramsey, Director of Public Information, ext. 3360
President's Staff Sponsor: John Ramsey, Director of Public Information, ext. 3360
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