Wash. Admin. Code § 132L-351-040 - [Effective until 7/8/2023] 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 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.
(d) Academic consequences for academic
dishonesty or abetting in academic dishonesty may be imposed at the discretion
of a faculty member up to and including a failing grade for the course.
Students should refer to each of their faculty's course syllabus. Further
academic consequences may follow consistent with the provisions in any program
handbook. Incidents of academic dishonesty may also be referred to the student
conduct officer for disciplinary action consistent with this chapter in
addition to the academic consequences identified above.
(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.
Conduct, not otherwise protected by law that interferes with, impedes, or
otherwise unreasonably hinders:
(a)
Instruction, research, administration, disciplinary proceeding, or other
college activities, 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. Unwanted touching, physical
abuse, verbal abuse, threat(s), intimidation, harassment, bullying, 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 code, "bullying" is defined as repeated or aggressive unwanted
behavior, not otherwise protected by law that intentionally humiliates, harms,
or intimidates the victim.
(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
media 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 communications 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, misappropriation of, unauthorized use or possession of, vandalism, or other
nonaccidental damaging or destruction of college property or the property of
another person. Property for purposes of this subsection includes computer
passwords, access codes, identification cards, personal financial account
numbers, other confidential personal information, intellectual property, and
college trademarks.
(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. The use of tobacco, electronic cigarettes, and related
products in any building owned, leased or operated by the college or in any
location where such use is prohibited, including twenty-five feet from
entrances, exits, windows that open, and ventilation intakes of any building
owned, leased or operated by the college. The use of tobacco, electronic
cigarettes, and related products on the college campus is restricted to
designated smoking areas. "Related products" include, but are not limited to,
cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing
tobacco, vaporizers, and snuff.
(11)
Lewd conduct. Conduct which
is lewd or obscene that is not otherwise protected under the law.
(12)
Discriminatory conduct.
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; religion; creed; 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. Sexual harassment prohibited by Title IX is defined in the
supplemental procedures to this code. See WAC 132L-351-210.
(a)
Sexual harassment. The term
"sexual harassment" means unwelcome sexual or gender-based conduct, including
unwelcome sexual advances, requests for sexual favors, quid pro quo harassment,
and other verbal, nonverbal, or physical conduct of a sexual or a gendered
nature that is sufficiently severe, persistent, or pervasive as to:
(i) Deny or limit the ability of a student to
participate in or benefit from the college's educational program;
(ii) Alter the terms or conditions of
employment for a college employee(s); and/or
(iii) Create an intimidating, hostile, or
offensive environment for other campus community members.
(b)
Sexual intimidation. The
term "sexual intimidation" incorporates the definition of "sexual harassment"
and means threatening or emotionally distressing conduct based on sex
including, but not limited to, nonconsensual recording of sexual activity or
the distribution of such recording.
(c)
Sexual violence. "Sexual
violence" is a type of sexual discrimination and harassment. Nonconsensual
sexual intercourse, nonconsensual sexual contact, domestic violence, dating
violence, and stalking.
(d)
Nonconsensual sexual intercourse. Any actual or attempted sexual
intercourse (anal, oral, or vaginal), however slight, with any object or body
part, by a person upon another person, that is without consent and/or by force.
Sexual intercourse includes anal or vaginal penetration by a penis, tongue,
finger, or object, or oral copulation by mouth to genital contact or genital to
mouth contact.
(e)
Nonconsensual sexual contact. Any actual or attempted sexual
touching, however slight, with any body part or object, by a person upon
another person that is without consent and/or by force. Sexual touching
includes any bodily contact with the breasts, groin, mouth, or other bodily
orifice of another individual, or any other bodily contact in a sexual
manner.
(f)
Incest.
Sexual intercourse or sexual contact with a person known to be related to them,
either legitimately or illegitimately, as an ancestor, descendant, brother, or
sister of either wholly or half related. Descendant includes stepchildren and
adopted children under the age of eighteen.
(g)
Statutory rape. Consensual
intercourse between a person who is eighteen years of age or older, and a
person who is under the age of sixteen.
(h)
Domestic violence. Physical
violence, bodily injury, assault, the infliction of fear of imminent physical
harm, sexual assault, or stalking committed by a person with whom the victim
shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, by a person similarly situated to a
spouse of the victim under the domestic or family violence laws of the state of
Washington, or by any other person against an adult or youth victim who is
protected from that person's acts under the domestic or family violence laws of
the state of Washington, RCW 26.50.010.
(i)
Dating violence. Physical
violence, bodily injury, assault, the infliction of fear of imminent physical
harm, sexual assault, or stalking committed by a person:
(i) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(ii) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(A) The length of the
relationship;
(B) The type of
relationship; and
(C) The frequency
of interaction between the persons involved in the relationship,
(j)
Stalking. Engaging in a course of conduct directed at a specific
person that would cause a reasonable person to:
(i) Fear for their safety or the safety of
others; or
(ii) Suffer substantial
emotional distress.
(k)
For purposes of this code, "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 person cannot consent if they are unable to understand what
is happening or are 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. Intoxication is not a defense against allegations that an individual
has engaged in nonconsensual sexual conduct.
(14)
Harassment. Unwelcome
conduct, including verbal, nonverbal, or physical conduct, that is directed at
a person because of such person's protected status and that is sufficiently
serious as to deny or limit, and that does deny or limit, the ability of a
student to participate in or benefit from the college's educational program,
that changes the terms or conditions of employment for a college employee, or
that creates an intimidating or hostile environment for other campus community
members.
Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification. See "sexual misconduct" for the definition of "sexual harassment. "Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications.
(15)
Retaliation.
Harming, threatening, intimidating, coercing, or taking adverse action of any
kind against a person because such person reported an alleged violation of this
code or college policy, provided information about an alleged violation, or
participated as a witness or in any other capacity in a college investigation
or disciplinary proceeding.
(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 operation 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.
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 reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The college may impose disciplinary sanctions against a student who commits, attempts to commit, aids, abets, incites, encourages or assists another person 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.
(d) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty may also be referred to the student conduct officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.
(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. Conduct, not otherwise protected by law that interferes with, impedes, or otherwise unreasonably hinders:
(a) Instruction, research, administration, disciplinary proceeding, or other college activities, 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. Unwanted touching, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, 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 code, "bullying" is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.
(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 media 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 communications 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, misappropriation of, unauthorized use or possession of, vandalism, or other nonaccidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.
(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. The use of tobacco, electronic cigarettes, and related products in any building owned, leased or operated by the college or in any location where such use is prohibited, including twenty-five feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. The use of tobacco, electronic cigarettes, and related products on the college campus is restricted to designated smoking areas. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, vaporizers, and snuff.
(11) Lewd conduct. Conduct which is lewd or obscene that is not otherwise protected under the law.
(12) Discriminatory conduct. 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; religion; creed; 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. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 132L-351-210.
(a) Sexual harassment. The term "sexual harassment" means unwelcome sexual or gender-based conduct, including unwelcome sexual advances, requests for sexual favors, quid pro quo harassment, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently severe, persistent, or pervasive as to:
(i) Deny or limit the ability of a student to participate in or benefit from the college's educational program;
(ii) Alter the terms or conditions of employment for a college employee(s); and/or
(iii) Create an intimidating, hostile, or offensive environment for other campus community members.
(b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and means threatening or emotionally distressing conduct based on sex including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.
(c) Sexual violence. "Sexual violence" is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking.
(d) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
(e) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
(f) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen.
(g) Statutory rape. Consensual intercourse between a person who is eighteen years of age or older, and a person who is under the age of sixteen.
(h) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.
(i) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person:
(i) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(ii) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
(A) The length of the relationship;
(B) The type of relationship; and
(C) The frequency of interaction between the persons involved in the relationship,
(j) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(i) Fear for their safety or the safety of others; or
(ii) Suffer substantial emotional distress.
(k) For purposes of this code, "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 person cannot consent if they are unable to understand what is happening or are 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. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.
(14) Harassment. Unwelcome conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program, that changes the terms or conditions of employment for a college employee, or that creates an intimidating or hostile environment for other campus community members.
Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification. See "sexual misconduct" for the definition of "sexual harassment. "Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications.
(15) Retaliation. Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of this code or college policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a college investigation or disciplinary proceeding.
(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 operation 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.
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 reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.