Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-080.

Title of Rule: Chapter 132G-120 WAC, Student conduct code.

Purpose: To update chapter 132G-120 WAC, which has not been revised since 1968, and does not address current conduct issues at institutions of higher education.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Summary: Update definitions, jurisdiction, expectations and procedural guidelines in matters pertaining to student conduct.

Reasons Supporting Proposal: Rules have not been revised since 1968 and need to be updated.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: S. James Perez, 5201, (206) 546-4642.

Name of Proponent: Shoreline Community College, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules revise and update Shoreline Community College's disciplinary rules for students attending the college. The current rules are inadequate to address contemporary student discipline issues at the college. The proposed rules clarify and inform students of unacceptable conduct at Shoreline Community College.

Proposal Changes the Following Existing Rules: The proposed rules specify acts of student misconduct that were missing in the current rules. The proposed rules amend some of the procedures used in student discipline cases.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no anticipated economic impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Shoreline Community College, Board Room, 16101 Greenwood Avenue North, Shoreline, WA 98133, on May 9, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact S. James Perez by May 1, 2001, TDD (206) 546-4520, or (206) 546-4642.

Submit Written Comments to: S. James Perez, Vice-President Student Services, fax (206) 533-5109, by May 9, 2001.

Date of Intended Adoption: June 15, 2001.

April 2, 2001

S. James Perez

Vice-President

for Student Services

OTS-4707.3

AMENDATORY SECTION(Amending Order 49:83, filed 3/11/83)

WAC 132G-120-010   Student conduct code -- Preamble.   Admission to the college carries with it the expectation that ((the)) students will conduct ((himself/herself)) themselves as ((a)) responsible members of the academic community. This includes the expectation that ((the)) students will obey the law; comply with the rules and regulations of the college; maintain high standards of integrity and honesty; respect the rights, privileges, and property of other members of the college community; and will not interfere with ((legitimate)) college ((affairs)) operations.

     ((The student will assume responsibility for his/her own conduct. Sanctions for violations of college rules and regulations or for conduct which interferes with legitimate college affairs will be dealt with by the college. In the case of student conduct which involves an alleged or proven violation of criminal law, the disciplinary authority of the college will not be used to duplicate the function of civil authority. Disciplinary action may be taken if the conduct also involves a violation of college standards and if the interests of the academic community are distinct from those of the civil authority.

     Sanctions, up to and including expulsion from the college, may be imposed for failure to satisfy the expectations stated in this section or for misconduct of the kinds indicated. These sanctions will determine whether, and under what conditions, the violator may continue at the college.

     Most disciplinary proceedings will be conducted informally between the student and a division chairman, in matters relating to the student's academic work, and between the student and the vice-president for student services in other matters.

     More formal procedures are provided, however, including an impartial hearing before a college discipline committee; these procedures may be invoked either by the officer dealing with the case or by the student involved. In all situations, whether handled formally or informally, basic standards of fairness will be observed in the determination of (1) the truth or falsity of the charges against the student, (2) whether the alleged misconduct calls for sanctions, and, if so, (3) what those sanctions should be.))

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-010, filed 3/11/83; Order 1-35:72, § 132G-120-010, filed 11/29/72, effective 1/1/73.]

     (1) Upon enrollment, students assume responsibilities that include, but are not limited to:

     (a) Respecting the rights, privileges, and property of other members of the campus community and refraining from any conduct that would interfere with college functions or endanger the health, welfare, or safety of other persons;

     (b) Maintaining high standards of academic and personal honesty and integrity; and

     (c) Complying with the rules, regulations, procedures, policies, standards of conduct, and orders of Shoreline Community College, as outlined in various college publications such as the college catalog, the student guidebook and the college policy manual.

     (2) Specific instances of misconduct for which the college will impose sanctions include, but are not limited to:

     (a) Acts of dishonesty, including, but not limited to:

     (i) Cheating, plagiarism or other forms of academic dishonesty as outlined in Policy 5033;

     (ii) Furnishing false information to any college official, faculty member, or office;

     (iii) Forgery, alteration or misuse of any college document, record or instrument of identification;

     (iv) Tampering with the election process or outcome of any recognized student organization; and

     (v) Violations of copyright laws.

     (b) Conduct constituting a sexual offense or sexual harassment as defined by law. Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:

     (i) Such conduct implicitly or explicitly suggests that submission to or rejection of the conduct will be a factor in academic or employment decisions or evaluations or permission to participate in a college activity; or

     (ii) Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating or hostile academic or work environment.

     (c) Malicious damage to or malicious misuse of college property or the property of any person where such property is located on the college campus.

     (d) The intentional obstruction or disruption of teaching, learning, research, administration, disciplinary proceedings, or other campus activities, including public service functions and other authorized activities on campus premises.

     (e) Possession, use or furnishing on campus premises of intoxicating beverages or controlled substances or unlawful drugs (as defined in Washington State Uniform Controlled Substances Act, chapter 69.50 RCW, a copy of which may be obtained in the office of the vice-president for human resources and employee relations, room 1019 of the administration building, Shoreline Community College).

     (f) Failure to comply with the direction of campus officials acting in the performance of their duties.

     (g) Intentionally inciting others to engage in any unlawful activity when the incitement leads directly to such unlawful conduct on the college campus.

     (h) Possession or use of unlawfully possessed firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the college campus, except for authorized college purposes (legal defense sprays are exempt in this section).

     (i) Conduct which is disorderly, lewd, indecent, obscene, verbally abusive or which carries a threat or perception of a threat of bodily harm.

     (j) Theft or other abuse or misuse of computer account privileges, equipment, software, network resources or time, including, but not limited to:

     (i) Unauthorized entry into an account, file or network, to use, read or change the contents, or for any other purpose;

     (ii) Unauthorized transfer or copying of accounts, programs or files;

     (iii) Unauthorized use of another individual's account, identification or password, or sending anonymous messages without clearly and correctly identifying the sender;

     (iv) Use of computer facilities to interfere with the work of another student, faculty member, college official or computer network operations;

     (v) Use of computer facilities to send or receive obscene, abusive, or harassing messages;

     (vi) Use of college e-mail accounts to disseminate viruses, destructive or malicious programs;

     (vii) Use of college computer facilities to introduce or send viruses or other destructive or invasive software programs.

     Violations of the student conduct code will lead to disciplinary action; however, nothing herein will be construed to deny students their legally and/or constitutionally protected right(s) to due process.

[]

     The division ((chairman)) dean is the primary agent for disciplinary matters arising solely out of scholarship. The vice-president for student services is the primary agent for the administration of discipline for unacceptable conduct or infraction of college rules in all matters except those which are the responsibilities of divisions and instructors. Division ((chairmen)) deans shall give written notice to the vice-president for student services of any disciplinary action which they take.

     Instructors ((are hereby delegated)) have the authority to take such summary actions as may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course, and to maintain academic integrity. Such actions may be appealed to the ((chairman)) dean of the division offering the course ((before the end of the next succeeding)) no later than the end of the next regular academic quarter, excluding summer quarter.

     The provisions of these sanctions do not apply to the evaluation of a student's academic performance.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-030, filed 3/11/83; Order 1-35:72, § 132G-120-030, filed 11/29/72, effective 1/1/73.]

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-040, filed 3/11/83; Order 1-35:72, § 132G-120-040, filed 11/29/72, effective 1/1/73.]

     (1) Terminate the proceedings, exonerating the student or students.

     (2) Dismiss the case after whatever counseling and advice may be appropriate.

     (3) Impose minor sanctions directly (disciplinary warning or disciplinary probation) subject to the student's right of appeal (see WAC 132G-120-100). The student shall be notified of the action taken((;)). This notification must be in writing when a disciplinary warning or disciplinary probation is imposed. ((In the case of an unmarried student under 18 years of age being placed on disciplinary probation, written notice shall also be sent to the parents or the guardian of the student.

     (4) Recommend to the college discipline committee that the student be denied registration or be expelled. The student shall be advised of his/her rights by reference to the appropriate sections of chapter 132G-120 WAC. If the denial of registration or expulsion is approved, the vice-president for student services shall notify the student in writing that he/she has been denied registration or that he/she has been expelled. In the case of an unmarried student under 18 years of age, written notice of this action shall be sent to the parents or guardian of the student.

     (5) Refer the matter to the college discipline committee. The student shall be notified in writing that the matter has been referred to the committee.

     In all cases, the student shall be advised of his/her rights by reference to the appropriate section of chapter 132G-120 WAC.))

The initiating authority will notify parent(s) or legal guardian(s) of a dependent student under the age of eighteen of the disciplinary probation. The initiating authority will notify parent(s) or legal guardian(s) of students under the age of twenty-one of any determination that the student violated college rules against the use or possession of alcohol or controlled substances.

     (4) The vice-president for student services, or his/her designee, will have the responsibility of imposing major sanctions such as denial of registration or expulsion. The student shall be advised of his/her rights by reference to the appropriate sections of this document. If the denial of registration or expulsion is approved, the vice-president for student services, or his/her designee, shall notify the student in writing that he/she has been denied registration or that he/she has been expelled. The vice-president of student services, or his/her designee, will notify parent(s) or legal guardian(s) of a dependent student under the age of eighteen of the disciplinary action. The vice-president for student services, or his/her designee, will notify parent(s) or legal guardian(s) of students under the age of twenty-one of any determination that the student violated college rules against the use or possession of alcohol or controlled substances.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-060, filed 3/11/83; Order 1-35:72, § 132G-120-060, filed 11/29/72, effective 1/1/73.]

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-061, filed 3/11/83.]

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-062, filed 3/11/83.]

     (1) Give an oral or written notice of the alleged misconduct and violation(s) of any provision(s) of chapter 132G-120 WAC to the student;

     (2) Give an oral or written explanation of the evidence in support of the charge(s) to the student;

     (3) Give an oral or written explanation of the corrective action or punishment (up to a maximum of ((ten academic)) fourteen calendar days suspension) which may be imposed((, to)) on the student; and

     (4) The student shall be provided an opportunity to present his or her explanation of the conduct alleged to be violative of the college student rights and responsibilities policy.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-063, filed 3/11/83.]

     (1) The student against whom specific violations of law or of provisions of chapter 132G-120 WAC are alleged has committed one or more of such violations; and

     (2) Such violation(s) ((or violations)) of the law or of provisions of chapter 132G-120 WAC constitute grounds ((for)) of disciplinary action; and

     (3) Summary suspension of the student is necessary; then, the vice-president for student services or his/her designee, may immediately suspend such student from the college for up to ((ten academic)) fourteen calendar days if summary suspension of the student or other summary action is necessary.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-064, filed 3/11/83.]

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-065, filed 3/11/83.]

     (1) A member appointed by the president of the college((.));

     (2) ((A)) Two members of the faculty, appointed by the president of the Shoreline Community College Federation of Teachers((.)) (SCCFT); and

     (3) Two ((students. The two)) students ((will be)) appointed by the president of the student body association((, but at the option of the student being disciplined, they may not hear the case)).

     None of the above-named persons shall sit in any case in which he/she is a complainant or witness, in which he/she has a direct or personal interest, or in which he/she has acted previously in an advisory capacity. Decisions in this regard, including the selection of alternates, shall be made by the discipline committee as a whole.

     The discipline committee ((chairman)) chair will be elected by the members of the discipline committee.

     In hearings before the discipline committee, at the discretion of the committee, an assistant attorney general will be requested to ((take the case)) assist the committee. This action may be considered necessary in order to have a fair hearing.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-070, filed 3/11/83; Order 1-35:72, § 132G-120-070, filed 11/29/72, effective 1/1/73.]

     (1) The student shall be given written notice at least seven calendar days in advance of the date, time, and place of the hearing, the charge(s) against him/her, a list of witnesses who ((will)) may appear, and a description of any documentary and/or ((other)) physical evidence that ((will)) may be presented at the hearing. ((This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare his/her defense. The notice may be amended at any time prior to the hearing, but, if such amendment is prejudicial to the student's case, the hearing shall be rescheduled to a later date.)) The student may waive the seven-day notice requirement by requesting a prompt hearing to contest an order of summary suspension or other summary action.

     (2) The student shall be entitled to hear and examine the evidence against him/her ((and be informed of the identity of its sources;)). Also, he/she shall be entitled to present evidence in his/her own behalf ((and to question witnesses testifying against him/her as to factual matters. The student shall have all authority possessed by the college to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing)).

     (3) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining ((whether he/she is guilty)) guilt or innocence of the alleged misconduct ((charged)), but the student's past record of conduct may be taken into account in formulating the committee's ((recommendation for)) determination of appropriate disciplinary action.

     (4) The student may be represented by counsel and/or accompanied by an advisor of his/her choice.

     (5) No one will be required to give self-incriminating evidence.

     (6) Hearings conducted by the committee may be held in closed session at the discretion of the committee, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of a hearing invited guests are disruptive of the proceedings, the ((chairman)) chair of the committee may exclude such persons from the hearing room.

     (7) All proceedings of the committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

     (8) An adequate summary of the proceedings will be kept. As a minimum, such a summary would include a tape recording of testimony. The presiding officer or court reporter will require all witnesses and interpreters to give testimony under oath.

     (9) The student will be provided with a copy of the findings of fact and with the conclusions and the recommendations of the committee((.)), and he/she will also be advised of ((his/her)) the right to ((present)) file, within seven calendar days, a written statement of further appeal to the president of the college before action is taken on the recommendation.

     (10) If discipline is to be imposed after the review provided by this section, the officer who initiated the proceedings shall notify the student in writing of the discipline imposed. ((In the case of an unmarried student under 18 years of age, written notice of any action involving expulsion or disciplinary probation also will be sent to the parents or guardian of the student.)) The initial order will notify the parent(s) or legal guardian(s) of a dependent student under the age of eighteen of any expulsion or disciplinary probation of a student. The initial order will also notify the parent(s) or legal guardian(s) of students under the age of twenty-one, if the discipline is for violation of college rules against the use or possession of alcohol or controlled substance.

     The committee shall establish general rules of procedure consistent with the foregoing procedural safeguards. A copy of any such rules of procedure shall be given to the student in advance of his/her hearing.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-080, filed 3/11/83; Order 1-35:72, § 132G-120-080, filed 11/29/72, effective 1/1/73.]

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-090, filed 3/11/83; Order 1-35:72, § 132G-120-090, filed 11/29/72, effective 1/1/73.]

     (1) Disciplinary action by a division ((chairman)) dean may be appealed to, and shall be reviewed by, the vice-president for student services.

     (2) Disciplinary action by the vice-president for student services may be appealed to, and shall be reviewed by, the discipline committee.

     (3) Disciplinary action by the discipline committee may be appealed to, and shall be reviewed by, the college president((.

     (4))), who shall have final authority in all disciplinary action ((shall rest with the board of trustees of the college)).

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-100, filed 3/11/83; Order 1-35:72, § 132G-120-100, filed 11/29/72, effective 1/1/73.]

     (1) Disciplinary warning: Formal action censuring a student for violation of college rules or regulations or for failure to satisfy the expectations of the college regarding conduct. Disciplinary warnings are always made in writing to the student by the officer or agency taking the action, with copies to the vice-president for student services' office. A disciplinary warning indicates to the student that continuation of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions (see WAC 132G-120-110 (2) through (6)).

     (2) Hold: Attachment of a student's academic record to encourage the fulfillment of the student's obligations to the college, particularly financial. Holds are always made in writing, including a detailed list of the obligations to be met, and are sent to the student. Requests for transcripts of the student's academic record will not be honored until the initiating authority is satisfied that the obligations have been met and provides the registrar with written notification of the release of the hold.

     (3) Registration denied: Formal action refusing to allow a student to register for subsequent quarters((,)) for violation of college rules or regulations, ((or)) failure to satisfy the expectations of the college regarding conduct, or failure to fulfill obligations to the college. ((Students may be denied registration only on the approval of the president and on the recommendation of the college discipline committee.)) The initiating authority, in his/her written notification to the student, will detail the reasons for the denial of registration and the conditions to be met before registration will be allowed. Registration may be denied for a fixed or indefinite period. Future registration will not be allowed until the initiating authority is satisfied that the conditions have been met.

     (4) Disciplinary probation: Formal action placing conditions upon the student's continued attendance for violation of college rules or regulations or failure to satisfy the expectations of the college regarding conduct. The office placing the student on disciplinary probation will specify, in writing, the period of probation and the conditions. Disciplinary probation warns the student that any further misconduct will make him/her liable to suspension or expulsion from the college. Disciplinary probation may be for a specific term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

     (5) Academic penalties: Consequences of any breach of academic integrity may include withholding of credit, lowering of grade, and/or failure (0.0) for the assignment and/or course, or lesser sanctions. Matters involving academic dishonesty may be referred to the vice-president for student services for additional disciplinary action(s).

     (6) Suspension: Formal action by an authorized disciplinary agency dismissing a student temporarily from the college for unacceptable conduct or violation of college rules or regulations. ((Suspension)) Denial of registration or expulsion may be for a stated or for an indefinite period, but the implication of the action is that the student may eventually return if evidence or other assurance is presented that the unacceptable conduct will not be repeated.

     (((6) Expulsion: Students may be expelled only on the approval of the president of the college and on the recommendation of the vice-president for student services and the college discipline committee. The notification expelling a student will indicate, in writing, the term of the expulsion and any special conditions which must be met before readmission. There is no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.))

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 83-07-020 (Order 49:83), § 132G-120-110, filed 3/11/83; 79-06-106 (Order 12-10:79), § 132G-120-110, filed 6/6/79; Order 1-35:72, § 132G-120-110, filed 11/29/72, effective 1/1/73.]

[Order 1-35:72, § 132G-120-130, filed 11/29/72, effective 1/1/73.]

[Order 1-35:72, § 132G-120-140, filed 11/29/72, effective 1/1/73.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132G-120-020	Student conduct.
WAC 132G-120-120	Lowering of grades.

© Washington State Code Reviser's Office