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 and program
handbook. Further academic consequences may follow consistent with the
provisions in any program handbook including, but not limited to, dismissal
from an academic program. 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)
Obstructive or disruptive
conduct. 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
directive 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. Possession,
holding, wearing, transporting, storage or presence of any firearm, dagger,
sword, knife or other cutting or stabbing instrument, club, explosive device,
or any other weapon apparently capable of producing bodily harm is prohibited
on the college campus, subject to the following exceptions:
(a) Commissioned law enforcement personnel or
legally authorized military personnel while in performance of their
duties;
(b) A student with a valid
concealed weapons permit may store a pistol in his or her vehicle parked on
campus in accordance with
RCW 9.41.050(2) or
(3), provided the vehicle is locked and the
weapon is concealed from view; or
(c) The president may grant permission to
bring a weapon on campus upon a determination that the weapon is reasonably
related to a legitimate pedagogical purpose. Such permission shall be in
writing and shall be subject to such terms or conditions incorporated in the
written permission.
This policy does not apply to the possession and/or use of
disabling chemical sprays when possessed and/or used for self-defense.
(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, or sale of marijuana or
the psychoactive compounds found in marijuana intended for human consumption,
regardless of form, or being observably under the influence of marijuana or the
psychoactive compounds found in marijuana. 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, waterpipes, 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
132N-126-205 (discipline
procedures for cases involving allegations of Title IX violations).
(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 are all types of sexual violence.
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v)
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.
(vi) Dating violence, physical violence,
bodily injury, assault, the infliction of fear of imminent physical harm,
sexual assault, or stalking committed by a person:
(A) Who is or has been in a social
relationship of a romantic or intimate nature with the victim; and
(B) Where the existence of such a
relationship shall be determined based on a consideration of the following
factors:
(I) The length of the
relationship;
(II) The type of
relationship; and
(III) The
frequency of interaction between the persons involved in the
relationship.
(vii) Stalking. Engaging in a course of
conduct directed at a specific person that would cause a reasonable person to:
(A) Fear for their safety or the safety of
others; or
(B) Suffer substantial
emotional distress.
(d) 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 and offensive 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, hostile, or offensive
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. 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.