Section 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 e-mail communication directly or through spyware, sending threatening e-mails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's e-mail 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: (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.Wash. Admin. Code § 132L-350-080
Adopted by WSR 15-18-054, Filed 8/27/2015, effective 9/27/2015