Last Update: 8/27/15

Chapter 132L-350 WAC

CENTRALIA COLLEGESTUDENT RIGHTS AND RESPONSIBILITIES CODE

WAC Sections

Authority.
Student responsibilities.
Purpose.
Definitions.
Jurisdiction.
General policies.
Student rights.
Prohibited student conduct.
Disciplinary sanctions.
Definition of disciplinary action.
Initiation of disciplinary action.
Appeal from disciplinary action.
Brief adjudicative proceedingsInitial hearing.
Brief adjudicative proceedingsReview of an initial decision.
Student conduct committee.
Procedure and evidence for hearings.
Student conduct committee hearing proceedings.
Student conduct committeeInitial decision.
Appeal from student conduct committee initial decision.
Summary suspension.
Readmission after dismissal.
Brief adjudicative proceedingsAuthorized.
Brief adjudicative proceedingsAgency record.
Review of rules.
Supplemental discipline procedures for sexual misconduct cases.
Supplemental complaint process for sexual misconduct.
Supplemental appeal rights for sexual misconduct cases.


132L-350-005
Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student services, or designee. The student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-005, filed 8/27/15, effective 9/27/15.]



132L-350-010
Student responsibilities.

Centralia College is a dynamic learning community that promotes growth and development by offering opportunities to gain knowledge, entrance skills, examine values, and pursue learning options. The college is committed to quality life-long learning through its values of respect, responsibility, and responsiveness. To that end, Centralia College maintains a strong commitment to providing a civil and nondisruptive learning environment. Students are reminded that they assume certain responsibilities of performance and conduct which have been reasonably established in order to accomplish Centralia College's education goals. Therefore, the college expects that students will conduct themselves as responsible members of the college community, will comply with the rules and regulations of the college, will maintain high standards of integrity and honesty, and will respect the rights, privileges, and property of other members of the college community.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-010, filed 8/27/15, effective 9/27/15.]



132L-350-015
Purpose.

The purpose of these rules is to prescribe standards of conduct for students of Centralia College. Violations of these standards may be cause for disciplinary action as described in this code.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-015, filed 8/27/15, effective 9/27/15.]



132L-350-020
Definitions.

(1) As used in this chapter, the following words and phrases shall mean:
(a) "ASCC" refers to the associated students of Centralia College, the official student government association.
(b) "Assembly" means any overt activity engaged in by three 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.
(c) "Board of trustees" or "board" means the board members appointed by the governor of the state of Washington who have final authority for the governance of Centralia College.
(d) "College" means Centralia College, or any additional community college hereafter established with Community College District 12, state of Washington, and collectively, those responsible for its control and operation.
(e) "College community" means trustees, students, employees, and guests on college-owned or controlled facilities.
(f) "College facilities" means and includes any or all property controlled and/or operated by the college.
(g) "College official" includes any person employed by the college performing assigned duties.
(h) "College premises" shall include all campuses of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, or controlled by the college.
(i) "Complainant" means any person who submits a charge alleging that a student violated the code of student conduct.
(j) "Conduct review officer" is the vice president of student services or other college administrator designated by the president to be responsible for receiving and reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code. The president is authorized to reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
(k) "Controlled substance" means and includes any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.
(l) "Day" means a calendar day, except the effective day, of any provision of this chapter shall be the day following a Saturday, Sunday, or holiday.
(m) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.
(n) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student code officer. Disciplinary appeals from a suspension in excess of ten instructional days or an expulsion are heard by the student conduct appeals board. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.
(o) "Faculty member" and "instructor" means any employee of Community College District No. 12 who is employed on a full-time or part-time basis as a teacher, instructor, counselor, or librarian.
(p) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Unless otherwise provided, filing shall be accomplished by:
(i) Hand delivery of the document to the specified college official or college official's assistant; or
(ii) By sending the document by email and first class mail to the specified college official's office and college email address.
(q) "Living group" means a fraternity, sorority, or other similar off-campus student organization officially recognized by Centralia College.
(r) "President" means the chief executive officer of the college appointed by the board of trustees, and for the purposes of this chapter includes "acting president" or the delegated authority in the absence of the president.
(s) "RCW" means Revised Code of Washington which can be accessed at http://apps.leg.wa.gov/rcw/.
(t) "Respondent" is the student against whom disciplinary action is initiated.
(u) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:
(i) Hand delivery of the document to the party; or
(ii) By sending the document by email and by certified mail or first-class mail to the party's last known address.
Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail.
(v) "Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students."
(w) "Student conduct officer" is a college administrator designated by the president or vice president of student services to be responsible for implementing and enforcing the student conduct code. The president or vice president of student services is authorized to reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.
(x) "Student group" means a number of students who are not officially recognized as a student organization.
(y) "Student organization" means a number of students who have complied with the formal requirements of college recognition as provided by the ASCC.
(z) "Summary hearing" means a short, concise, and immediate hearing.
(2) All other terms have their natural meaning unless the context dictates otherwise.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-020, filed 8/27/15, effective 9/27/15.]



132L-350-030
Jurisdiction.

The student conduct code shall apply to student conduct that occurs on college premises, to conduct that occurs at or in connection with college sponsored activities, or to off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives. Jurisdiction extends to, but is not limited to, locations in which students are engaged in official college activities including, but not limited to, foreign or domestic travel, activities funded by the associated students, athletic events, training internships, cooperative and distance education, online education, practicums, supervised work experiences or any other college-sanctioned social or club activities. Students are responsible for their conduct from the time of application for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The college has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct that occurs off-campus.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-030, filed 8/27/15, effective 9/27/15.]



132L-350-040
General policies.

(1) Centralia College is an agency of the state of Washington and adheres to all local, state, and federal laws. The college is obligated to demonstrate respect for laws by cooperating in their enforcement.
(2) Centralia College cannot and will not establish regulations that would abridge constitutional rights.
(3) Proper procedures are established to maintain conditions helpful to the effective function of the college, to protect individual students from unfair penalties, and to assure due process. Centralia College is granted the right by law to adopt rules to govern its operations.
(4) If these rules are broken, the college has the right and the obligation to take that action which is in the best interest of the entire college.
(5) Centralia College reserves the right to impose the provisions of this code and provide further sanctions before or after law enforcement agencies, courts, or other agencies have imposed penalties or otherwise disposed of a case. College hearings are not subject to challenge on the ground that criminal or civil charges involving the same incident have been dismissed or reduced or in which the defendant has been found not guilty or otherwise not liable. In addition, the college reserves the right to refer incidents to the appropriate civilian authorities or law enforcement agencies.
(6) The ASCC has the right to participate in the formulation and review of all policies and rules pertaining to student conduct and in the enforcement of all such rules as provided by this chapter.
(7) This code will be printed and made available to students.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-040, filed 8/27/15, effective 9/27/15.]



132L-350-070
Student rights.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community.
The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy which are deemed necessary to achieve the educational goals of the college:
(1) Academic freedom.
(a) Students are guaranteed the rights of free inquiry, expression, and assembly upon and within college facilities that are generally open and available to the public.
(b) Students are free to pursue appropriate educational objectives from among the college curricula, programs, and services, subject to the limitations of RCW 28B.50.090 (3)(b).
(c) Students shall be protected from academic evaluation which is arbitrary, prejudiced, or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.
(d) Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.
(2) Due process.
(a) The rights of students to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures is guaranteed.
(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-070, filed 8/27/15, effective 9/27/15.]



132L-350-080
Prohibited student conduct.

The college may impose disciplinary sanctions against a student who commits, attempts to commit, aids, abets, incites, encourages or assists another person or persons to commit, an act(s) of misconduct which include, but are not limited to, the following:
(1) Academic dishonesty. Any act of academic dishonesty including, but not limited to, cheating, plagiarism, and fabrication.
(a) Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.
(b) Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.
(c) Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an assignment.
(2) Other dishonesty. Any other acts of dishonesty. Such acts include, but are not limited to:
(a) Forgery, alteration, submission of falsified documents or misuse of any college document, record, or instrument of identification;
(b) Tampering with an election conducted by or for college students; or
(c) Furnishing false information, or failing to furnish correct information, in response to the request or requirement of a college officer or employee.
(3) Obstruction or disruption. Obstruction or disruption of (a) any instruction, research, administration, disciplinary proceeding, or other college activity, including the obstruction of the free flow of pedestrian or vehicular movement on college property or at a college activity, or (b) any activity that is authorized to occur on college property, whether or not actually conducted or sponsored by the college.
(4) Assault, intimidation, harassment. Assault, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, stalking, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property. For purposes of this subsection:
(a) Bullying is severe or pervasive physical or verbal abuse involving a power imbalance between the aggressor and victim.
(b) Stalking is intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated or harassed, even if the perpetrator lacks such an intent.
(5) Cyber misconduct. Cyberstalking, cyberbullying or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social medial sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communication directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.
(6) Property violation. Damage to, or theft or misuse of, real or personal property or money of:
(a) The college or state;
(b) Any student or college officer, employee, or organization;
(c) Any other member of the college community or organization; or
(d) Possession of such property or money after it has been stolen.
(7) Failure to comply with directive. Failure to comply with the direction of a college officer or employee who is acting in the legitimate performance of his or her duties, including failure to properly identify oneself to such a person when requested to do so.
(8) Weapons. Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(9) Hazing. Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.
(10) Alcohol, drug, and tobacco violations.
(a) Alcohol. The use, possession, delivery, sale, or being observably under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.
(b) Marijuana. The use, possession, delivery, sale or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.
(c) Drugs. The use, possession, delivery, sale or being observably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner.
(d) Tobacco, electronic cigarettes, and related products. Smoking is prohibited on campus except in designated smoking areas. "Smoke" or "smoking" means carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment; the use of any tobacco or nicotine product; or the use of any facsimile of a tobacco or nicotine product, including electronic cigarettes. Nicotine gum, patches, or like products are permissible.
(11) Lewd conduct. Conduct which is lewd or obscene.
(12) Discriminatory conduct. Discriminatory conduct which harms or adversely affects any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age (40+); religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification.
(13) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence.
(a) Sexual harassment. Sexual harassment is a form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's gender. There are two types of sexual harassment:
(i) Hostile environment sexual harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs.
(ii) Quid pro quo sexual harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.
The term "sexual harassment" means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, and that does deny or limit based on sex, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members.
(b) Sexual violence. "Sexual violence" is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual conduct, domestic violence, dating violence, and stalking are all types of sexual violence.
(i) Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, 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.
(ii) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breast, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
(iii) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
(iv) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
(v) Stalking means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.
(vi) Consent means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact, actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(A) A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.
(B) Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.
(14) Harassment. The unwelcome and unauthorized patterns of conduct, based on a person(s) race, color, religious belief, sex, marital status, sexual orientation, gender identity or expression, national origin, disability, veteran status, or age, and which:
(a) The harasser either knows, or should know, will have the effect of making the college environment hostile, intimidating, or demeaning to the victim; and
(b) In fact, is sufficiently, severe, persistent or pervasive to substantially deny or limit that person's ability to benefit from or fully participate in educational programs or activities or employment opportunities.
(15) Retaliation. Retaliation against any individual for reporting, providing information, exercising one's rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations, or violations of federal, state or local law, or college policies including, but not limited to, student conduct code provision prohibiting discrimination and harassment.
(16) Misuse of electronic resources. Theft or other misuse of computer time or other electronic information resources of the college. Such misuse includes, but is not limited to:
(a) Unauthorized use of such resources or opening of a file, message, or other item;
(b) Unauthorized duplication, transfer, or distribution of a computer program, file message, or other item;
(c) Unauthorized use or distribution of someone else's password or other identification;
(d) Use of such time or resources to interfere with someone else's work;
(e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image;
(f) Use of such time or resources to interfere with normal operations of the college's computing system or other electronic information resources;
(g) Use of such time or resources in violation of applicable copyright or other law;
(h) Adding to or otherwise altering the infrastructure of the college's electronic information resources without authorization; or
(i) Failure to comply with the college's electronic use policy.
(17) Unauthorized access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to college property, or unauthorized entry onto or into college property.
(18) Safety violations. Safety violation includes any nonaccidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.
(19) Violation of other laws or policies. Violation of any federal, state, or local law, rule or regulation or other college rules or policies, including college traffic and parking rules.
(20) Ethical violation. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-080, filed 8/27/15, effective 9/27/15.]



132L-350-090
Disciplinary sanctions.

(1) The board of trustees acting in accordance with Washington state statutes delegates to the president of the college authority to administer disciplinary action. In addition, the board of trustees authorizes the college administration to promulgate rules and provide for sanctions that provide a civil and nondisruptive learning environment.
(2) Administration of the disciplinary procedure is the responsibility of the student conduct officer. The student conduct officer shall serve as the principal investigator and prosecutor for alleged violations of this code.
(3) In situations of apparent misconduct or apparent unauthorized presence in a college facility, it may be necessary for properly identified college personnel to ask a person to produce evidence of being a currently enrolled student at the college. Failure to comply with a legitimate request for identification from properly identified college personnel is a violation of this code and may result in a disciplinary action if the person is found to be a student. In emergency situations, cases of misconduct, or where there is a substantial danger to the college community or college property, failure to produce identification by a student may result in the assumption by college personnel that the person questioned is not a student and may result in direct civil or criminal action.
(4) The instructor is responsible for conduct in the classroom or any course-related activity or event and is authorized to take such steps as are necessary when behavior of the student disrupts the normal classroom procedure. Instructors may remove a student for the single class session in which such disruptive behavior occurs. When such behavior results in expulsion from a class session, the instructor must report the infraction in writing to the student conduct officer at the earliest opportunity. The student is automatically permitted to return to the next class session pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior in any class session that again disrupts the normal classroom procedure, the student may be removed again for that class session by the instructor who shall again report the infraction to the student conduct officer in writing. In all cases involving classroom disruption, the student conduct officer will proceed with the investigation and/or disciplinary hearings in the quickest possible time consistent with the procedural requirements established in this code.
(5) The person in charge of any college office, department, or facility is responsible for conduct in that office, department, or facility and is authorized to take such steps as are necessary when behavior of the student disrupts the normal office procedure. The person in charge may remove a student for the single day in which such disruptive behavior occurs. When such behavior results in expulsion from an office, department, or facility, the person in charge must report the infraction in writing to the student conduct officer at the earliest opportunity. The student is automatically permitted to return the next day pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior at any time in the future that again disrupts the normal office procedure, the student may be removed again for a single day by the person in charge who shall again report the infraction to the student conduct officer in writing. In all cases involving office disruption, the student conduct officer will proceed with the investigation and/or disciplinary hearings in the quickest possible time consistent with the procedural requirements established in this code.
(6) 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.
(7) A student formally charged or under investigation for a violation of this code may not excuse himself or herself from disciplinary hearings by withdrawing from the college.
(8) In addition to initiating discipline proceedings for 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-090, filed 8/27/15, effective 9/27/15.]



132L-350-100
Definition of disciplinary action.

In accordance with the procedures outline in this code, the following disciplinary actions may be imposed upon students found to be in violation of this code:
(1) Warning: Notice in writing that the student has violated one or more term of this code of conduct and that continuation or repetition of the same or similar may be cause for more severe disciplinary action. This sanction is not subject to appeal.
(2) Disciplinary probation: Formal action placing specific conditions upon the student's continued attendance and warning the student that further misconduct may subject the student to suspension or dismissal. Probation may be for a limited period or may be for the duration of the student's attendance at the college.
(3) Restitution: Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an initial investigation. This may take the form of appropriate service or other compensation. Failure to make restitution, or to make in writing college-approved arrangement to pay, will result in suspension for an indefinite period provided that the student may be reinstated upon payment.
(4) Change of grade: Applies only to violations regarding cheating, fabrication, facilitating academic dishonesty, multiple submission, and plagiarism. The college in accordance with the grading policy of the college assigns students grades. Instructors as part of the professional academic judgment and evaluation of the instructor ordinarily assign students grades. In the case of a finding of cheating, fabrication, facilitating academic dishonesty, or plagiarism as defined in this code, and only as a result of the official disciplinary processes as outlined in this code, the student conduct officer may authorize an instructor to change the grade, or may record a change in grade, for the academic exercise in which academic dishonesty occurred or for the entire course in which academic dishonesty occurred. This penalty may be imposed in addition to other authorized penalties as outlined in this code. Instructors may issue an "incomplete" ("I") grade pending the outcome of any investigation or disciplinary hearing by the student conduct officer related to academic dishonesty.
(5) Summary suspension: Immediate exclusion from classes and other privileges or activities in accordance with this code.
(6) Suspension: Dismissal from the college and from status as a student for a stated period of time. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of tuition or fees for the quarter in which the action is taken, but tuition and fees paid in advance for a subsequent quarter are to be refunded. Suspension may also include withdrawal and/or limitations in one or more courses, services, or programs without revocation of student status.
(7) Deferred suspension: Notice of suspension from the college with the provision that the student may remain enrolled contingent on meeting any conditions(s) specified. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
(8) Dismissal: The surrender 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 is to be no refund of tuition or fees for the quarter in which the action is taken, but tuition and fees paid in advance for a subsequent quarter are to be refunded.
(9) Forfeiture of state-funded financial aid: Applies only to violations regarding hazing. The forfeiture of any entitlement to state-funded grants, scholarships, or awards for a specified period.
(10) Withdrawal of official recognition: Any student organization, association, or student living group 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 Centralia College. In addition, any organization, association, or student living group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or living group is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages. Withdrawal of official recognition may also be applied to any organization, association, or living group for other violations of Centralia College policies, rules, or regulations concerning such organizations.
(11) Disqualification from athletics: Any student found by the college to have violated this code related to the use, possession, sale, or delivery of controlled substances is subject to additional sanctions, including disqualification from college-sponsored athletic events.
(12) College or community service: Assignment of labor or responsibilities to any student or student organization with the college or local community. May also include mandatory attendance at educational programs or courses or other assignments.
(13) Fines: Monetary fines up to five thousand dollars for any student organization or up to five hundred dollars for any student. Restitution may be added as an additional monetary sanction.
(14) Protective or no-contact order: Prohibition of direct or indirect physical and/or verbal contact with another individual or group. Any form of communication may be limited. Restrictions on locations or specified minimum distances may be imposed. Other reasonable restrictions to protect the safety and welfare of others may also be imposed. An immediate, protective or no-contact order may also be issued by the student conduct officer or his or her representative prior to any disciplinary hearing upon the sworn or affirmed written and signed testimony of any complainant that the complainant is in reasonable fear of intimidation, harassment, physical or emotional abuse, or harm, provided that the subject of such order is duly notified in writing either in person or by first class mail and is provided the opportunity to appeal such an order at an initial disciplinary hearing within seven days after notification to the student conduct officer in writing of intent to appeal. An appeal may be combined with the normal disciplinary action of an initial disciplinary hearing if charges have also been filed.
(15) Professional evaluation: Referral for drug, alcohol, psychiatric, psychological, or medical evaluation may be required. Recommendations as part of any such evaluation may become part of any sanction. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until and unless future evaluation recommends that the student is capable of reentering the college. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student shall pay for the cost of the evaluation. The college reserves the right to send a student to a professional of its own choosing at cost to the college.
(16) Hold on awarding of degree or issuance of official transcript: In the event that the conditions of other sanctions such as, but not limited to, fines, restitution, and community service, are not fulfilled, the college may place a hold on the issuance of a degree or certificate and may place a hold on the issuance of an official transcript. In addition, the college may prevent further registration. These holds will be lifted upon fulfillment of the terms and conditions of the imposed sanction.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-100, filed 8/27/15, effective 9/27/15.]



132L-350-110
Initiation of disciplinary action.

(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) 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 his or her 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.
(4) 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 132L-350-090.
(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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-110, filed 8/27/15, effective 9/27/15.]



132L-350-120
Appeal from disciplinary action.

(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within twenty-one 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 the 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.
(8) Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed through a brief adjudicative proceeding:
(a) Suspension of ten instructional days or less;
(b) Disciplinary probation;
(c) Written reprimands; and
(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.
(9) Except as provided elsewhere in these rules, disciplinary warnings and dismissals of disciplinary actions are final action and are not subject to appeal.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-120, filed 8/27/15, effective 9/27/15.]



132L-350-130
Brief adjudicative proceedingsInitial hearing.

(1) Brief adjudicative proceedings shall be conducted by a conduct review officer. The conduct review officer 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.
(2) Before taking action, the conduct review officer shall conduct an informal hearing and provide each party (a) an opportunity to be informed of the agency's view of the matter and (b) an opportunity to explain the party's view of the matter.
(3) The conduct review officer shall serve an initial decision upon both the parties within ten days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within twenty-one days of service the initial decision shall be deemed the final decision.
(4) If the conduct review officer 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-130, filed 8/27/15, effective 9/27/15.]



132L-350-140
Brief adjudicative proceedingsReview of an initial decision.

(1) An initial decision is subject to review by the president, provided the respondent files a written request for review with the conduct review officer within twenty-one days of service of the initial decision.
(2) The president shall not participate in any case in which 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 each party 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-140, filed 8/27/15, effective 9/27/15.]



132L-350-150
Student conduct committee.

(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; and
(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.
(2) The faculty member or administrator appointed on a yearly basis shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee. The chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.
(3) Hearings may be heard by a quorum of three members of the committee so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.
(4) Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-150, filed 8/27/15, effective 9/27/15.]



132L-350-160
Procedure and evidence for hearings.

Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act, chapter 34.05 RCW, and by the Model rules of procedure, chapter 10-08 WAC. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.
(1) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree and also may continue the hearing to a later time for good cause shown.
(2) The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decision concerning the extent and form of any discovery, issuance of protective decisions, and similar procedural matters.
(3) 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.
(4) 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.
(5) The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.
(6) The student conduct officer, upon request, shall provide reasonable assistance to the respondent in obtaining relevant and admissible evidence that is within the college's control.
(7) Communications between committee members and other hearing participants regarding any issue in the proceedings, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.
(8) Each party may be accompanied at the hearing by a nonattorney assistant of his/her choice. A respondent may elect to be represented by an attorney at his or her own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by the assistant attorney general. If the respondent is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-160, filed 8/27/15, effective 9/27/15.]



132L-350-170
Student conduct committee hearing proceedings.

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.
(1) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.
(2) The chair shall cause the hearing to be recorded by a method that he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.
(3) The chair shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the committee.
(4) The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.
(5) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-170, filed 8/27/15, effective 9/27/15.]



132L-350-180
Student conduct committeeInitial decision.

(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 sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by the respondent, 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-180, filed 8/27/15, effective 9/27/15.]



132L-350-190
Appeal from student conduct committee initial decision.

(1) A respondent 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 twenty-one 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 all parties within forty-five days after receipt of 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) The president shall not engage in an ex parte communication with any of the parties regarding an appeal.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-190, filed 8/27/15, effective 9/27/15.]



132L-350-200
Summary suspension.

(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 procedure 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.
(3) Notice. Any respondent who has been summarily suspended shall be served with oral and written notice of the summary suspension. If oral notice is given, a written notification shall be served on the respondent within two business days of the oral notice.
(4) The written notification shall be entitled "Notice of Summary Suspension" and shall include:
(a) The reasons for imposing the summary suspension, including a description of the conduct giving rise to the summary suspension and reference to the provisions of the student conduct code or the law allegedly violated;
(b) The date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and
(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that his or her privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.
(5)(a) The conduct review officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension.
(b) During the summary suspension hearing, the issue before the conduct review officer is whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.
(c) The respondent shall be afforded an opportunity to explain why summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope.
(d) If the student fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.
(e) As soon as practicable following the hearing, the conduct review officer shall issue a written decision which shall include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right appeal.
(f) To the extent permissible under applicable law, the conduct review officer shall provide a copy of decision to all persons or offices who may be bound or protected by it.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-200, filed 8/27/15, effective 9/27/15.]



132L-350-210
Readmission after dismissal.

A student dismissed 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-210, filed 8/27/15, effective 9/27/15.]



132L-350-220
Brief adjudicative proceedingsAuthorized.

This rule 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) Parking violations.1
(2) Outstanding debts owed by students or employees.
(3) Use of college facilities.
(4) Residency determinations.
(5) Use of library—Fines.
(6) Challenges to contents of education records.
(7) Loss of eligibility for participation in institution sponsored athletic events.
(8) Student conduct appeals involving the following disciplinary actions:
(a) Suspensions of ten instructional days or less;
(b) Disciplinary probation;
(c) Written reprimands;
(d) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions; and
(e) 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 respondent.
(9) Appeals of decisions regarding mandatory tuition and fee waivers.
Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.
1
Subsections (1)-(7) and (9) are the types of issues that colleges typically use a brief adjudicative proceeding to resolve and are included here merely for illustrative purposes.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-220, filed 8/27/15, effective 9/27/15.]



132L-350-230
Brief adjudicative proceedingsAgency record.

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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-230, filed 8/27/15, effective 9/27/15.]



132L-350-240
Review of rules.

These rules will be reviewed annually by the student conduct officer. The student conduct officer, upon determining a need to revise this code, shall convene a review committee to make recommendations for change in the code.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-240, filed 8/27/15, effective 9/27/15.]



132L-350-250
Supplemental discipline procedures for sexual misconduct cases.

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.
Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132L-350-010 through 132L-350-210. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-250, filed 8/27/15, effective 9/27/15.]



132L-350-260
Supplemental complaint process for sexual misconduct.

The following supplemental procedures shall apply with respect to complaints or other reports of alleged sexual misconduct by a student.
(1) The college's Title IX coordinator or designee, shall investigate complaints or other reports of alleged sexual misconduct by a student. Investigations will be completed in a timely manner and the results of the investigation shall be referred to the student conduct officer for disciplinary action.
(2) College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety and welfare of the complainant or other members of the college community or compromising the college's duty to investigate and process sexual harassment and sexual violence complaints.
(3) The student conduct officer, prior to initiating disciplinary action, 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) The student conduct officer, within a reasonable amount of time after the disciplinary decision is served on the respondent, will serve a written notice 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 disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of his or her appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant to ensure that prompt notice of the protective disciplinary sanctions and/or conditions.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-260, filed 8/27/15, effective 9/27/15.]



132L-350-270
Supplemental appeal rights for sexual misconduct cases.

(1) The following actions by the student conduct officer may be appealed by the complainant:
(a) The dismissal of a sexual misconduct complaint; or
(b) Any disciplinary sanction(s) and conditions imposed against a respondent for a sexual misconduct violation.
(2) A complainant may appeal a disciplinary decision by filing a notice of appeal with the conduct review officer within twenty-one days of service of the notice of the discipline decision provided for in WAC 132L-350-120. The notice of appeal may include a written statement setting forth the grounds of appeal. Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall be deemed final.
(3) If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.
(4) Except as otherwise specified in this supplemental procedure, a complainant who timely appeals a disciplinary decision or who intervenes as a party to respondent's appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.
(5) An appeal by a complainant from the following disciplinary actions involving allegations of sexual misconduct against a student shall be handled as a brief adjudicative proceeding:
(a) Exoneration and dismissal of the proceedings;
(b) A disciplinary warning;
(c) A written reprimand;
(d) Disciplinary probation;
(e) Suspensions of ten instructional days or less; and/or
(f) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.
(6) An appeal by a complainant from disciplinary action imposing a suspension in excess of ten instructional days or an expulsion shall be reviewed by the student conduct committee.
(7) In proceedings before the student conduct committee, respondent and complainant shall have the right to be accompanied by a nonattorney assistant of their choosing during the appeal process. Complainant may choose to be represented at the hearing by an attorney at his or her own expense, but will be deemed to have waived that right unless, at least four business days before the hearing, he or she files a written notice of the attorney's identity and participation with the committee chair, and with copies to the respondent and the student conduct officer.
(8) In proceedings before the student conduct committee, complainant and respondent shall not directly question or cross examine one another. All questions shall be directed to the committee chair, who will act as an intermediary and pose questions on the parties' behalf.
(9) Student conduct hearings involving sexual misconduct allegations shall be closed to the public, unless respondent and complainant both waive this requirement in writing and request that the hearing be open to the public. Complainant, respondent and their respective nonattorney assistants and/or attorneys may attend portions of the hearing where argument, testimony and/or evidence are presented to the student conduct committee.
(10) 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 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 complaintant of his or her appeal rights.
(11) Complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties.
(12) The president, within a reasonable amount of time after 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.
[Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-350-270, filed 8/27/15, effective 9/27/15.]
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