PROPOSED RULES
TECHNICAL COLLEGE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-19-037.
Title of Rule: Student conduct code.
Statutory Authority for Adoption: RCW 28.50.140(13) [28B.50.140(13)].
Statute Being Implemented: RCW 28B.50.140(13).
Summary: Technical changes needed to bring rules up to date with legislative changes.
Reasons Supporting Proposal: The student conduct code is in need of an update to reflect the current issues that arise and expectations for students on campus.
Name of Agency Personnel Responsible for Drafting and Implementation: Tony Robinson, 4500 Steilacoom Boulevard S.W., Lakewood, 98499, (253) 589-5845; and Enforcement: Sharon McGavick, 4500 Steilacoom Boulevard S.W., Lakewood, (253) 589-5500.
Name of Proponent: Clover Park Technical College, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The new rules reflect a revision in the college's student conduct code. The effect will be to clarify expected behavior of students.
Proposal Changes the Following Existing Rules: The proposal changes existing rules in that it adds specific language describing conduct subject to discipline.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic impact statement was prepared because nothing in these rules will impose any costs on businesses in any industry.
RCW 34.05.328 does not apply to this rule adoption. By its terms, RCW 34.05.328 does not apply to this agency.
Hearing Location: Clover Park Technical College, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499-4098, on January 9, 2002, at 4:00 p.m.
Assistance for Persons with Disabilities: Contact Chris Jones by January 9, 2002, (253) 589-5767.
Submit Written Comments to: Cherie Steele, Rules Coordinator, Clover Park Technical College, fax (253) 589-5851, by January 7, 2002.
Date of Intended Adoption: January 9, 2002.
November 6, 2001
N. P. Robinson
Vice-President for
Operations and Facilities
OTS-5214.1
AMENDATORY SECTION(Amending WSR 00-12-019, filed 5/26/00,
effective 6/26/00)
WAC 495C-120-040
Student misconduct.
Disciplinary action
may be taken for a violation of any provision of this student
code, for a violation of other college rules which may from time
to time be properly adopted, or for any of the following types of
misconduct:
(1) Possession, use, sale, or distribution of any illegal drug on the college campus. The use of illegal drugs by any student attending a college-sponsored event is also prohibited, even though the event does not take place at the college. The use of alcohol by any student attending such events on college or noncollege property shall conform to state law;
(2) Behavior in the classroom or at a college function that is disruptive to the teaching and learning environment;
(3) Engaging in lewd, indecent, or obscene behavior;
(((3))) (4) Where the student presents an imminent danger to
college property or to himself or herself or other students or
persons in college facilities on or off campus, or to the
education process of the college;
(((4))) (5) Dishonesty, including cheating, plagiarism, or
knowingly furnishing false information to the college;
(((5))) (6) The intentional making of false statements or
filing of false charges against the college and members of the
college community;
(((6))) (7) Forgery, alteration, or misuse of college
documents, records, funds, or instruments of identification with
the intent to defraud;
(((7))) (8) Theft from, damage to, or misuse of college
premises or property, or theft of or damage to property of a
member of the college community or college premises;
(((8))) (9) Failure to comply with the direction of college
officials acting in the legitimate performance of their duties;
(((9))) (10) Possession of firearms, except where approved
by state statute;
(((10))) (11) Engaging in unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct
of sexual nature where such behavior knowingly offends the
recipient, causes discomfort, or humiliates or interferes with
job performance;
(((11))) (12) Falsely setting off or otherwise tampering
with any emergency safety equipment, alarm, or other device
established for the safety of individuals and/or college
facilities;
(((12))) (13) Actions and/or language directed to others
that incites disruptive behavior;
(14) Verbal or written threats and intimidation;
(15) Malicious damage to or malicious misuse of college property, or the property of any person where such property is located on the college campus;
(((13))) (16) Entering any administrative office or any
locked or otherwise closed college facility in any manner, at any
time, without permission of the college employee or agent in
charge thereof;
(((14))) (17) Refusal to provide identification. Refusal to
provide positive identification (e.g., valid driver's license or
state identification card) in appropriate circumstances to any
college employee in the lawful discharge of said employee's
duties;
(18) Violation of any rules or policies pertaining to the use of computer and technology resources.
[Statutory Authority: RCW 28B.50.140(13). 00-12-019, 495C-120-040, filed 5/26/00, effective 6/26/00. Statutory Authority: RCW 28B.50.140, 42.30.075 and 1991 c 238. 92-19-091, 495C-120-040, filed 9/16/92, effective 10/17/92.]
(a) Activities that expose personal values to compromise or ridicule.
(b) Stunts which have no meaningful relationship to the objectives of the organization.
(c) Activities that abuse the trust an organization is striving to build between its members and prospective members.
(d) Activities that humiliate or subject individuals to circumstances with which they are not comfortable or of which they are fearful.
(e) Activities which are illegal or violate college policy.
(f) Activities which interfere with educational pursuits or normal life functions.
(2) Penalties.
(a) Any organization or association that knowingly permits hazing shall:
(i) Be liable for harm caused to persons or property resulting from hazing; and
(ii) Be denied recognition by Clover Park Technical College as an official organization or association on this campus.
If the organization or association is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.
(b) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships or awards for ninety calendar days.
(c) Forfeiture of state-funded grants, scholarships or awards shall continue for ninety calendar days, up to and including permanent forfeiture, based upon the seriousness of the violations.
(3) Disciplinary action may be taken under this chapter for hazing violations.
(4) Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021.
(5) Conduct which causes embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation, not amounting to hazing, shall be subject to disciplinary action under this chapter.
[Statutory Authority: RCW 28B.50.140(13). 00-12-019, 495C-120-041, filed 5/26/00, effective 6/26/00.]