Code of Conduct

Prohibited Conduct (WAC 132B-120-040)
Disciplinary action may be taken for a violation of any provision of this student code or for a violation of other college rules and regulations which may from time to time be properly enacted or for specific prohibited conduct including but not limited to the following:

1. Smoking and use of tobacco products anywhere other than designated smoking areas.
   
2. Using, possessing, consuming, or being under the influence of, or distributing any liquor as defined in RCW 66.04.010, when present at or engaged in any college sponsored activity with the exception of sanctioned events approved by the president or designee and in compliance with the state law.
   
3. Using, possessing, distributing or being under the influence of any narcotic drug or controlled substance as defined in RCW 69.50.101 in a college facility or while participating in a college-related program.
   
4. Engaging in lewd, indecent, or obscene behavior.
   
5. Where the student presents an imminent danger to college property or to himself/herself or to other students or persons in college facilities on or off campus, or to the education process of the college.
   
6. Interference by force or violence with, or intimidation by threat of force or violence, of another student, employee or visitor who is in the peaceful discharge or conduct of his/her duties or studies. RCW 28B.10.570-572.
   
7. Disorderly or abusive behavior (either physical or verbal), which interferes with the rights of others or that obstructs or disrupts teaching, learning, research, services, activities or administrative functions.
   
8. Conducting or participating in an assembly which violates the guidelines of assembly as defined in Section II E.
   
9. All forms of student academic dishonesty, including cheating, falsification, plagiarism or facilitating, or aiding and abetting academic dishonesty.
   a. This section shall not be construed as preventing an instructor from taking immediate disciplinary action as provided herein where the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom.
   b. This section shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.
   
10. Forgery of, or unauthorized alteration of or access to any college document, record, funds or instrument of identification, including electronic hardware, software and records.
    
11. Providing false information to the college or the intentional making of false statements and/or filing of false charges against the college and/or members of the college community.
    
12. Theft from college premises and/or property; theft of property of a member of the college community on college premises; or possession of property stolen from college premises and/or a member of the college community while on college premises.
    
13. Causing or attempting to cause physical damage to property owned, controlled or operated by the college or to property owned, controlled or operated by another person while said property is located on college facilities.
    
14. Failure to comply with the direction of college employees acting in the legitimate performance of their duties.
    
15. Refusal to provide positive identification and evidence of student enrollment to any college employee in the lawful discharge of said employee's duties.
    
16. Possession, transportation or storage of any firearm(s), explosives, dangerous chemicals or other weapons, devices or substances which can be used to inflict bodily harm or to damage real or personal property. This does not apply to commissioned police officers as prescribed by law.
17. 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.
    
18. Computer violations which include but are not limited to:
    a. Gaining access, without authorization, to a computer system or network or electronic data owned, used by, or affiliated with Grays Harbor College;
    b. Unauthorized use of another individual’s account, identification or password;
    c. Use of computer facilities to interfere with the work of another student,faculty member, college employee or computer network operations;
    d. Use of computer facilities to send or solicit obscene, abusive, bothersome or harassing messages;
    e. Use of college email accounts to intentionally disseminate viruses, destructive, malicious or invasive programs;
    f. Use of college computers or systems for other than educational purposes;
    g. Use of college computer equipment to participate in illegal or unauthorized activities;
    h. Violating any of the computer use policies in effect on campus.
    
19. Sexual harassment as defined in Section IB12 of another student or employee.
    
20. Any repeated intentional conduct directed at another student or employee that has the purpose or effect of creating a hostile, intimidating or disruptive learning or working environment. (This may include intentional, repeated, unwelcome attempts to contact a student or employee.)
    
21. Hazing in any form as described in RCW 28B.10.900.
    
22. The breech of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular trade, skill, craft or profession for which the student is taking courses or is pursuing as their educational goal.
    
23. Malicious harassment that involves intimidation or bothersome behavior directed toward another person because of, or related to that person’s race, color, religion, gender, sexual orientation, ancestry, national origin, or mental, physical or sensory disability.
    
24. Unauthorized use of college equipment, facilities or supplies. Use of college equipment, facilities, supplies, or computer systems for personal gain without proper authority.
    
25. Violation of federal, state or local law in college facilities or at college-sponsored or supervised activities.
    
26. Violation of other published college policies, rules or regulations

Classroom Conduct (WAC 132B-120-080)

Faculty have the authority to take appropriate actions 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.

A faculty member may remove a student for the single class session in which disruptive behavior occurs. The instructor will report any such exclusion from the class to the vice president for student services or designee who may initiate further conduct proceedings as provided in this procedure.

The vice president or designee may impose a disciplinary probation that restricts the student from the classroom until the student agrees to comply with the specific conditions outlined for classroom conduct or until an investigation is complete. The student may appeal the disciplinary sanction according to appeal procedures.

Sanctions (WAC 132B-120-130)

Sanctions for violations of college regulations or conduct may be imposed independent of any action taken by civil authorities. In the case of minors, misconduct may be referred to parents or legal guardians.
More than one sanction may be recommended. Sanctions may include, but are not limited to:

1. Disciplinary Warning: Constitutes oral notice of violation of college rules & regulations.
   
2. Reprimand: Formal action after censuring a student for violation of college rules or regulations for failure to satisfy the college's expectations regarding conduct. The disciplinary official makes reprimands in writing to the student. A reprimand indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one or more serious disciplinary actions described below.
   
3. Disciplinary Probation: Formal action placing conditions upon the student's continued attendance. Notice will be made in writing, specifying the period of probation and the conditions of the probation. Disciplinary probation warns the student that any further misconduct will automatically raise the question of dismissal from the college. Disciplinary probation may be for a specified term or for an indefinite period, which may extend to graduation or other termination of the student's enrollment in the college.
   
4. Restitution: Compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement.
   
5. Discretionary Sanctions: These may include but are not limited to: work assignments, service to college or community, class/workshop attendance or other discretionary assignments such as educational interventions intended as learning experiences.
   
6. Loss of Privileges: Loss of specific college privileges for a specified period of time. These may include but are not limited to student activities, athletic events, drama or music performances, or club participation.
   
7. No Contact: Restriction from entering specific college areas and/or all forms of contact with certain person(s).
   
8. Summary suspension:
   a. Temporary dismissal from the college for a period of time during which an investigation and/or formal disciplinary procedures are pending.
   b. Summary suspension is predicated upon a reasonable belief that the student presents an imminent danger to college property, to other students, to employees of the college or is of significant disruption to the educational process.
   c. During the period of summary suspension, the student may enter the college premises only to meet with the vice President for Student Services or a designee; to deliver a written appeal; to attend a hearing; or otherwise with special permission from the Vice President for Student Services.
   d. At the end of the summary suspension period, the student shall reinstated to prior status subject to any other disciplinary sanctions that may have been imposed. (See Section IV, Part C)
   
9. Suspension: Temporary dismissal from the college and termination of student status. A student suspended on the basis of conduct, which disrupted the orderly operation of the campus or any facility of the district, may be denied access to all or any part of college facilities.
   
10. Deferred Suspension: Notice of suspension from the College contingent on meeting condition(s) specified. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
    
11. Expulsion: Permanent termination of student status from the college.
    
12. Refund of fees for the quarter in which disciplinary action is taken shall be in accord with the college's refund policy. Fees paid in advance for subsequent quarters will be refunded.

Hazing Sanctions (WAC 132B-120-210)

Any student found to have violated RCW 28B.10.900 et seq. related to hazing, by virtue of a criminal conviction or by final decision of the college president or designee, shall, in lieu of or in addition to any other disciplinary action which may be imposed under this chapter, forfeit any entitlement to student-funded grants, scholarships, or awards of a period of time determined by the college.

In addition, any organization or association found to have knowingly permitted hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

Loss of Eligibility - Student Athletic Participation

Any student found to have violated chapter 69.41.RCW, legend drugs, by virtue of a criminal conviction or by final decision of the college president shall, in lieu of or in addition to any other disciplinary action which may be imposed, be disqualified from participation in any school sponsored athletic events or activities.

Trespass (WAC 132B-120-055)

The Vice President of Student Services or his or her designee(s) shall have the authority and power to prohibit the entry or withdraw the license or privilege of any person or group of persons to enter into or remain on any college property or facility. Such power and authority may be exercised to halt any event or activity that is deemed to be unreasonably disruptive of order or impedes the movement of persons or vehicles or which disrupts or threatens to disrupt the ingress and/or egress of persons from facilities owned and/or operated by the college. Any person remaining on or re-entering college property after receiving notice that his/her license or privilege to be on that property has been revoked shall be subject to arrest for criminal trespass.

Groups and Recognized student groups and organizations may be charged with violations of this code. Such a group or organization and its officers may be held collectively or individually responsible when violations of this code by those associated with the group or organization have received the tacit or overt consent or encouragement of the organization, its leaders, officers or spokespersons.

Sanctions for group or organization misconduct may include revocation of the use of college facilities for a specified period of time or denial of recognition or funds as well as other appropriate sanctions permitted under this code. Sanctions of groups or organizations are subject to the appeal process upon request.

Disciplinary Process (WAC 132B-120-120)

Judicial Authority
The vice president for student services, designee, or in his/her absence, the vice president for instruction of the college is responsible for initiating disciplinary proceedings for infractions of rules and regulations as outlined in the procedures.

The vice president for student services, or in his/her absence, the vice president for instruction, may delegate this responsibility to members of their staff and they may also establish committees or other hearing bodies to advise or act for them in disciplinary matters.

Initiating the Process
Any infractions of college rules and regulations may be referred by any student or employee to the vice president for student services, designee or in his/her absence the vice president for instruction. Sexual harassment complaints or concerns may be directed to the vice president for student services or the Human Resources Office.

Disciplinary Process (except summary suspension)

1. The vice president for student services and/or the vice president for instruction or his/her designated representative will initiate disciplinary proceedings.
2. Any student accused of violating any provision of the rules of conduct shall be called for an initial meeting and in order that any informality in disciplinary proceedings not mislead the student as to the seriousness of the matter under consideration, will be informed of what provision(s) of the rules of conduct he/she is charged with violating, and what appears to be the range of penalties, if any, which might result from disciplinary proceedings.
3. After considering the evidence in a case and interviewing the student or students involved, the vice president for student services, or in his/her absence, the vice president for instruction or designee may take any of the following actions:
   a. Terminate the proceeding, exonerating the student or students.
   b. Dismiss the case after providing whatever counseling and advice may be appropriate.
   c. Impose verbal warning or reprimand not subject to student’s right of appeal.
   d. Impose additional disciplinary sanctions, subject to the student's right of appeal as described in this procedure. The student shall be notified in writing of the action taken, the reason for the decision and information about the appeals process.
   e. Refer the matter to the Student Conduct Committee for appropriate action. The student shall be notified in writing that the matter has been referred to the committee.
4. If the student fails to appear at the scheduled meeting without prior notification or evidence of extenuating circumstances, the vice president may impose any sanctions authorized by this code.
5. The written decision of the vice president shall become final unless appealed.

If a referral or an appeal is made to the Student Conduct Committee, the committee shall hold a hearing, reach conclusions and may impose sanctions.

Summary Suspension Procedures (WAC 132B-120-135)

1. If the Vice President for Student Services deems summary suspension appropriate, s/he shall give the student oral or written notice of the reasons for summary suspension, duration of the summary suspension, and of any possible additional disciplinary or corrective action that may be taken. If oral notice is given, written notice shall follow within two (2) calendar days. In addition, the vice president for student services shall set a date for informal hearing of the summary suspension as soon as practicable.
   
2. The presiding officer for the informal hearing shall be an administrator designated by the president other than the administrator who initially imposed the summary suspension (normally, the vice president for student services) and will be accompanied by the president of the Associated Students of Grays Harbor College or designee. The student shall be given the opportunity to present written and/or oral evidence. The issue before the presiding officer shall be whether reasonable cause exists to support and to continue the summary suspension.
   
3. The presiding officer shall issue a written decision with two (2) days of the informal hearing.
   
4. The student may request a de novo review of the informal hearing decision before the Student Conduct Committee. Either party may request the review to be consolidated with any other disciplinary proceeding arising from the same matter.
   
5. Nothing herein shall prevent faculty members from taking summary action as may be reasonably necessary to maintain order in the classroom and/or prevent substantial disruption to the educational process. Such summary action in the form of removal from the classroom may not exceed one day per episode. Any such summary action may be appealed to the vice president for student services for an informal hearing.

Appeals (WAC 132B-120-190)

Any disciplinary action other than warning or reprimand may be appealed. All appeals must be made in writing and addressed to the vice president for student services within seven (7) calendar days of the college's giving notice of the disciplinary action.

Disciplinary action by any college employee may be appealed to, and shall be reviewed by, the vice president for student services, or in his/her absence, the vice president for instruction or designee.

Disciplinary action by may be appealed to, and shall be reviewed by, the Student Conduct committee.

Disciplinary action by the Student Conduct committee may be appealed to and shall be reviewed by the college president or his/her designee.

Student Conduct Committee (WAC 132B-120-170)

The Student Conduct committee, convened for that purpose, will hear, de novo, and make recommendations on all disciplinary cases referred to it by the appropriate authority or appealed to it by student(s). The committee will be composed of the following persons:

• member appointed by the president of the college who shall serve as chair.
• Two members of the faculty, appointed by the president of the faculty association.
• Two representatives from the student council, appointed by the student body president.

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

In hearings before the committee, an Assistant Attorney General may be requested to assist the committee.

Procedural Guidelines of the Student Conduct Committee (WAC 132B-120-180)

The student has a right to a fair and impartial hearing before the committee on any charge of misconduct resulting in disciplinary action other than warning or reprimand.

The committee chair shall establish general rules of procedures for conducting hearings. All proceedings of the committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

1. The committee shall issue written notice of the date, time and place of the hearing, and the charges against the student consistent with RCW 34.05.434. This notice of hearing shall be provided no later than seven (7) days prior to the date of the hearing. 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 if so requested in writing by the student.
2. The student may be represented by counsel and/or accompanied by an advisor of his/her choice, who is not, however, an employee of the college. If the student elects to choose and pay a duly licensed attorney admitted to practice in the state
   of Washington as counsel, notice thereof must be tendered by the student to the vice president for student services at least five (5) calendar days prior to the hearing.
3. The student or his/her representative shall be entitled to hear and examine the evidence against him/her and be informed of the identity of its sources; the student shall be entitled to present evidence in his/her own behalf and to question witnesses testifying against him/her as to factual matters. The committee shall request the administration to provide the student a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. The student shall have all the authority that is possessed by the college to obtain information or to request the presence of witnesses or the production of evidence related to the issues at the hearing.
4. Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged but the student's past record of conduct may be taken into account in formulating the committee's recommendation.
5. Hearings conducted by the committee will be held in closed session, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing, invited guests are disruptive of the proceedings, the chair of the committee may exclude such persons from the hearing room.
6. The vice president of student services or designee shall make the first presentation and present witnesses. The student may then make a presentation and present witnesses. Either side may offer a rebuttal.
7. The chairperson may receive sworn written statements in lieu of oral testimony at the hearing. The chairperson shall admit matters into evidence that reasonable persons would accept as having value in the conduct of their affairs. Unduly repetitive or irrelevant evidence may be excluded.
8. Failure on the part of the student(s) to appear or cooperate in the proceedings may result in default in accordance with RCW 34.05.440. However, It may not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.
9. The committee may decide: to uphold or modify sanctions in accordance with Sect. IV C.
10. An adequate summary of the proceedings will be kept. At a minimum, such summary would include a tape recording of testimony. During the hearing, such record will be available to the Student Conduct Committee, the student and student’s attorney and any other college official designated by the chairperson for inspection and copying in the office of the chairperson during regular business hours. Following the conclusion of the conduct proceeding, access to records of the case and hearing file will be kept in the office of the vice president for student services and limited to those designated by the college president.
11. The student will be provided with a copy of the findings of fact and with the conclusions of the committee.

Appeal of the Committee's Decision
The student will also be advised of his/her right to present within seven (7) calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee. In the case of a student under eighteen years of age, written notice of any action involving dismissal or disciplinary probation may be sent to the parents or guardian of the student.

If the student concludes that the action of the disciplinary committee is inappropriate, the student may appeal the matter to the president of the college. The president of the college or his/her designated representative, after reviewing the case, including the report of the committee and any statements filed by the student, shall either indicate his/her approval of the conclusions of the committee by sustaining its decision, shall give directions as to what other disciplinary action shall be taken by modifying its decision or shall nullify previous sanctions imposed by reversing its decision. The president shall then notify the official who initiated the proceedings, the student and the committee chair. The decision of the president is final.

Reporting, Recording and Maintaining Records
(WAC 132B-120-200)

The office of the vice president for student services shall keep records of all disciplinary cases. Except in proceedings where the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved; insofar as possible, for not more than six (6) years. No other records of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation or not more than six (6) years.

Student Grievance Procedure (WAC 132B-120- 220)

The purpose of these procedures is to provide guidelines that enable a student to express and resolve misunderstandings, complaints, or grievances in a fair and equitable manner. Students have the right to receive clear information and fair application of college policies, standards, rules and requirements and are responsible for complying with them in their relationships with college personnel. This grievance procedure emphasizes an informal resolution that promotes constructive dialogue and understanding.

Student Complaints
A complaint is any expression of dissatisfaction with the performance of a college employee, policy or procedure. Students who have a complaint shall use the following procedure:

Step 1. If the complaint is about the action of a college employee, the college employee and student shall make a good faith effort to resolve the grievance on a one-to-one basis. If the complaint is about a policy or procedure, it should be discussed with the employee most closely responsible for the policy or procedure. Both parties should openly discuss the concern, attempt to understand the other's perspective, explore alternatives and attempt to arrive at a satisfactory resolution.

Step 2. If the student determines that the complaint cannot be resolved to his/her satisfaction with the employee concerned, he/she should contact one of the following people:
* the Vice President for Instruction for complaints regarding an instructional employee, policy or procedure
* the Vice President for Student Services regarding any other employee, policy or procedure. The student may be referred to other appropriate personnel for resolution.

Step 3. The vice president will discuss with the student his/her concerns including options available to resolve the concern. The student may be requested to indicate in writing the nature of the grievance specifying as accurately as possible all details. Following discussion and the gathering of any further information, the vice president, within twenty working days, will issue a decision to resolve the complaint and report his/her findings to all involved parties. If an investigation requires more time, the deadline may be extended to a mutually agreed future date.

Step 4. If the meeting with the vice president does not resolve the complaint to the student's satisfaction, he/she may appeal to the President of the college. The President may amend, modify, reverse or accept the recommendation of the vice president. The decision of the President shall be final.

Records
The vice president shall keep all written statements or transcripts associated with the complaint as part of the files. The files will be destroyed after six years from the initiation of the complaint.

Time Limits on Filing a Complaint
The student must file a complaint within one academic quarter of the event, which caused the grievance to be filed. The vice president may suspend this rule under exceptional circumstances such as extended illness, or leave of a party to the complaint. No complaints will be considered after two academic quarters of the occurrence of the source of the grievance. When either party to the complaint is no longer present at the college and does not expect to return, the vice president will give the absent party reasonable opportunity to reply to the complaint before making a decision.

Grievances Excluded
The student grievance procedure described in this section is not intended to cover complaints of discrimination or sexual harassment. The college has separate, specific procedures for such complaints. See the Vice President for Student Services for information on those specific procedures.

A student may not use the provisions of these sections as the basis for filing a grievance based on the outcome of summary or other disciplinary proceedings described in earlier sections of this student rights and responsibilities code or for resolution of specific categories of student complaints where other procedures are required.

Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community college education or the board of trustees of Community College District No. 2 shall not be grievable matters.

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