APPENDIX A
THE EVERGREEN STATE COLLEGE
STUDENT CONDUCT CODE
Recommended 6/9/2010
1
2
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4
5
6
7
8
9
WAC XXX-XX-XXX The Evergreen State College Student Conduct Code
This chapter shall be known as the Student Conduct Code
(Code) for The Evergreen State College.
BACKGROUND
10
11
12
WAC XXX-XX-XXX Purpose
The
Evergreen
State
College
can
thrive
only
when
all
13
members of the community participate in the Social Contract,
14
which prizes academic and interpersonal honesty, articulates our
15
commitment to resolving differences with a strong will toward
16
collaboration,
17
rights.
18
procedures
19
aspirations articulated in the Social Contract. Specifically,
20
the Code strives to afford opportunities for informal resolution
21
and to support students who should be accountable for their
22
decisions, expressions, and actions. Above all, the Code has
23
been crafted in the spirit of education and compassion, with the
24
aim of healing individuals, preserving our common interests, and
25
protecting each other from harm.
26
WAC XXX-XX-XXX Student Rights and Responsibilities
27
28
(1)
The
and
and
protects
Student
community
Conduct
standards
for
Code
and
individual
articulates
upholding
the
specific
values
and
Every student has a duty to know, understand and abide
by the rules and policies of the College.
7/1/16
values
[ 1 ]
1
(2) In most cases, students have the opportunity to resolve
2
alleged violations informally through mediation, arbitration, or
3
restorative justice intervention.
4
5
6
7
(3)
Students alleged to have violated the Code have the
following procedural protections:
(a)
to be informed of the charges against them and know
who the Complainant is;
8
(b)
to request an informal resolution of the complaint;
9
(c)
to participate in developing a mutually agreed upon
10
Contract
11
Administrator;
12
(d)
of
to
Accountability
appeal
Determination
Administrator to the Student Conduct Appeals Board
17
Conduct
Responsibility
14
16
issued
of
Student
Resolution
(e)
Sanctions
the
13
15
and
a
with
by
a
Student
and/or
Conduct
to hear and respond to information upon which a charge
is based;
(f)
to call relevant persons to provide information, and
18
question any person who provides information, at hearings before
19
the Student Conduct Code Appeals Board;
20
(g)
to
request
that
any
person
conducting
a
conduct
21
conference, or serving as a Student Conduct Code Appeals Board
22
member be excused on the grounds of bias.
23
24
WAC XXX-XX-XXX Definitions
25
(1)
“College” means The Evergreen State College.
26
(2)
“Student” means any person:
27
(a)
currently enrolled at the College;
7/1/16
[ 2 ]
1
(b)
accepted for admission or readmission to the College;
2
(c)
enrolled at the College in a prior quarter or summer
3
session, and eligible to continue enrollment in the quarter or
4
summer session that immediately follows; or
(d)
5
6
applicants who become students, for violations of the
Code committed as part of the application process;
(e)
7
applicants who become students, for violations of the
8
Code
9
application through his or her official enrollment; and
(f)
10
11
occur
former
following
students
a
for
student’s
violations
submittal
of
the
of
Code
that
(g) any person not employed by the College on a permanent
basis who resides in College housing.
(3)
14
“Faculty
person
member”
activities
means
any
or
employed
considered by the College to be a member of its faculty.
“Staff
teaching
any
16
(4)
conduct
means
College
17
to
member”
15
18
the
occurred while a student; or
12
13
that
person
who
is
employed
by
the
otherwise
by
the
College for non-teaching purposes.
(5)
19
“College official” means any person employed by the
20
College
21
professional responsibilities.
(6)
22
a
performing
assigned
teaching,
administrative
or
“Member of the College Community” means any person who
23
is
24
particular situation shall be determined by the Vice President
25
for Student Affairs.
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student
or
College
official.
[ 3 ]
A
person’s
status
in
a
(7)
1
“Guest” means any person who is not a member of the
2
College community on College premises at the invitation and/or
3
hosting of a student.
(8)
4
“College
premises”
means
all
land,
buildings,
5
facilities, and other property in the possession of or owned,
6
used, leased or controlled by the College including adjacent
7
streets and sidewalks.
(9)“College-sponsored event or activity” means activities
8
9
10
or
events
involving
planning
or
funding,
or
other
approved
authorized participation by the College.
11
(10) “Organization” means any number of persons who have
12
complied with the formal requirements for College recognition
13
and is an officially recognized College organization.
14
status in a particular situation shall be determined by the Vice
15
President for Student Affairs.
A group’s
(11) “Policy” means the written regulations of the College
16
17
found
in
the
18
requirements of a department, office, or service posted anywhere
19
on
20
activities.
College
College
premises
website,
or
at
catalog,
or
the
College-sponsored
individual
events
or
21
(12) “Vice President for Student Affairs” is that person
22
designated by the College President to be responsible for the
23
administration of the Code and for performing other duties and
24
obligations of the position.
25
26
27
(13) “Senior
Student
Conduct
Administrator”
means
the
primary College official responsible for administering the Code.
(14) “Student
7/1/16
Conduct
Administrator”
[ 4 ]
means
a
College
1
official authorized to administer the Code in response to a
2
complaint.
3
(15) “Complainant” means any person who submits a complaint
4
alleging
5
believes that he or she has been the victim of or observed
6
another
7
rights under the Student Conduct Code as are provided to the
8
Complainant, even if another member of the College community
9
submitted the complaint itself.
10
11
12
13
that
a
student’s
student
violated
misconduct,
he
the
or
Code.
she
When
will
have
a
student
the
same
The Complainant has the right
to inquire about the status of the complaint.
(16) “Respondent”
means
any
student
alleged
to
have
violated the Code.
(17) “No Contact Order” means an order of “no contact” with
14
a member of the College community.
In the case where a “no
15
contact order” is issued, a student may be required to organize
16
his or her activities in order to avoid contact with designated
17
individuals.
18
(18) “Conduct Hold” means a block placed on the student’s
19
official file with the registrar by the Senior Student Conduct
20
Code Administrator prohibiting a student from registering for
21
academic credit or receiving a copy of his or her transcript
22
until the hold is removed by the Senior Student Conduct Code
23
Administrator.
24
(19) “Resolution
Sanction(s)”
25
consequences,
26
execute to address violations of the Code.
27
and
and
associated
deadlines,
means
the
those
tasks
Respondent
or
must
(20) “Contract of Accountability” means a written mutual
7/1/16
[ 5 ]
1
agreement
between
the
Respondent
and
Student
Conduct
2
Administrator which states the determination of responsibility
3
and the required resolution and sanction(s).
4
(21) “Required Resolution and Sanction” means the decision
5
of the Student Conduct Administrator regarding the Resolution
6
and Sanction(s) appropriate to the level of responsibility for
7
violating
8
responsibility.
9
10
11
the
Code
determined
in
the
determination
of
(22) “Final Determination” means a decision by the Student
Conduct Appeals Board stating the outcome of the hearing.
(23) “Notice”
12
College
13
considered
14
student’s account.
15
as
account
means
delivery
electronic
delivered
upon
via
mail
the
the
student’s
address.
Service
message
being
sent
assigned
will
to
be
the
(24) “Calendar day” means every day of the month including
16
weekends and state holidays.
In cases where a specified date
17
falls on a weekend or holiday, the working day closest to the
18
date due will be used (i.e., if the tenth day deadline falls on
19
Saturday the document will be done on Friday).
20
(25) “Business day” means any calendar day, exclusive of
21
weekends and federal and school holidays, in which the College
22
is open to the public for the conduct of business.
23
WAC XXX-XX-XXX Jurisdiction
24
(1)
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The Code applies to:
[ 6 ]
(a)
1
Prohibited conduct that occurs on College premises or
2
at College-sponsored events or activities; and applies in all
3
locations
4
Olympia, Washington; and
of
the
College,
other
that
not
on
6
premises
7
activities
8
adversely interferes with student learning or the presence of
9
the Respondent at the College would constitute a danger to the
10
health, personal safety, or property of a member of the College
11
community.
12
determine whether the Code shall be applied to conduct occurring
13
off campus on a case by case basis.
(2)
in
where
The
the
it
Vice
context
is
of
does
College-sponsored
reasonable
President
occur
than
(b)
or
conduct
locations
5
14
Prohibited
including
for
to
conclude
Student
College
events
the
Affairs
or
conduct
shall
Each student is responsible for his or her conduct
15
from the time of acceptance for admission through the actual
16
awarding of a degree as follows:
17
a) even though conduct may occur before or after a program or
18
course begins or ends,
19
b) during the academic year, and
20
c) during periods between terms of actual enrollment,
21
even
22
awarded.
23
(3)
24
25
26
if
the
person’s
conduct
is
reported
after
a
degree
is
The Code applies to a student’s conduct even if the
student withdraws from the College while a complaint is pending.
(4) Alleged misconduct by a student organization will be
addressed by Student Activities’ policies and procedures.
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[ 7 ]
(5)
1
Nothing herein shall be construed as being intended to
2
create a legal obligation on the part of the College to protect
3
any person or class of persons from injury or harm, or to deny
4
students their legal and/or constitutionally protected rights.
5
WAC XXX-XX-XXX Prohibited Conduct
6
Students are required to engage in responsible conduct that
7
reflects credit upon the College community and to model good
8
citizenship.
9
functions,
Students
maintain
are
academic
expected
integrity,
to
preserve
provide
College
honest
and
10
accurate information, prevent harm to self or others, foster a
11
safe
12
property, and to adhere to published policies, contracts, and
13
local, state and federal laws.
14
the following conduct is specifically prohibited under the Code
15
and shall be the basis for required resolution and sanctions as
16
set forth in the Code when a Respondent is found responsible for
17
engaging in the prohibited conduct.
18
19
20
community,
(1)
protect
and
preserve
College
and
personal
Attempting or engaging in any of
Academic dishonesty which includes, but is not limited
to, the following:
(a)
Plagiarism defined as appropriating or incorporating
21
any other person’s published or unpublished work in one’s own
22
work without full, clear and correct acknowledgement.
23
24
25
26
(b)
Copying from another person’s academic work
without
proper acknowledgment;
(c)
Using unauthorized assistance or materials to complete
an academic product or assignment;
7/1/16
[ 8 ]
(d)
1
2
during the completion of independent academic work;
(e)
3
4
Knowingly
falsifying
or
assisting
in
falsifying
in
whole, or in part, the contents of one’s academic work;
(f)
5
6
The unauthorized collaboration with any other person
Permitting any other person to substitute oneself to
complete academic work; or
(g)
7
Engaging
in
any
academic
behavior
specifically
8
prohibited by a faculty member in the course covenant, syllabus,
9
or class discussion.
(2)
10
Conduct
that
disrupts
any
administration,
College
learning,
12
process, public service functions or College-sponsored events or
13
activities.
(3)
research,
or
11
14
teaching,
obstructs
adjudicative
Failure to be truthful to the College or a College
15
official.
16
member
17
misleading information in an application for admission, to gain
18
employment, or in a College investigation, hearing or process.
(4)
19
20
This includes making false charges against another
of
the
College
Forgery,
community;
alteration,
or
and
the
providing
misuse
false
of
or
College
documents, records or identification cards.
(5)
21
Failure
to
comply
with
the
directions
of
College
22
officials or other public official acting in the performance of
23
his
24
oneself to these persons with reasonable cause when requested to
25
do so.
her
duties.
This
includes
the
failure
to
identify
(6) Physical abuse of any person including, but not limited
26
27
or
to,
physical
7/1/16
assault
with
bodily
[ 9 ]
injury
or
the
threat
of
1
2
physical harm to another person;
(7)
Harassment defined as unwelcome conduct directed at an
3
individual that is sufficiently severe, pervasive, or persistent
4
such that it diminishes or interferes with the ability of the
5
student
6
activities, or privileges provided by the College or an employee
7
to engage in his or her work duties.
8
to
(8)
participate
Stalking
in
defined
or
as
benefit
behavior
from
in
the
which
services,
a
student
9
repeatedly engages in a course of conduct directed at another
10
person and places that person in reasonable fear for his or her
11
safety, or the safety of those affiliated or associated with the
12
person.
13
(9)
The
recording
without
the
of
any
the
16
section, the term “consent” shall be considered obtained only
17
when one party has announced to all other parties engaged in the
18
communication
19
conversation is about to be recorded or transmitted; and the
20
announcement itself is recorded as part of the conversation or
21
communication.
22
(10)
photographing,
or
such
engaged
in
conversation except as permitted by law. For purposes of this
that
persons
any
15
conversation
all
by
device,
Viewing,
of
conversation,
14
or
consent
private
communication
filming
another
or
person
23
without that person’s knowledge and consent, while the person
24
being photographed, viewed or filmed is in a place where he or
25
she would have a reasonable expectation of privacy.
26
27
(11) Possessing firearms or other dangerous weapons; the
unauthorized
7/1/16
use,
possession
or
storage
[ 10 ]
of
any
explosives,
1
fireworks, dangerous chemicals, or substances; or the possession
2
or use of any instrument designed to cause harm, or realistic
3
replica of such instrument, which might reasonably threaten or
4
cause fear or alarm to others.
5
(12) Unauthorized entry into or onto, or the unauthorized
6
remaining in, or upon, any College premise; or the unauthorized
7
possession, duplication, or use of a College key or other access
8
device.
9
(13) Intentional sounding of a false alarm which includes,
10
but is not limited to, initiating or causing to be initiated any
11
false report, warning or threat, such as that of fire, explosion
12
or
13
response; and the improper use or disabling of safety equipment
14
and signs.
emergency
that
intentionally
causes
a
false
emergency
15
(14) Failure to evacuate during a fire alarm; the improper
16
use or damaging of fire prevention or safety equipment, such as
17
fire
18
emergency exits; or the unauthorized setting of fires.
extinguishers,
smoke
detectors,
alarm
pull
stations,
or
19
(15) The possession, use, manufacture, or distribution of
20
alcohol except as expressly permitted by law or College policy;
21
or
22
Alcoholic
23
possessed, consumed by, or distributed to, any person under the
24
legal age.
public
appearance
beverages
on
may
College
not,
in
premises
any
while
intoxicated.
circumstance,
be
used,
25
(16) Possession, use, manufacture, cultivation, packaging,
26
distribution, selling, or the providing of an illegal substance,
27
or any
7/1/16
controlled substance as identified in RCW 69.50; or the
[ 11 ]
1
possession
or
use
2
69.50.102; use of a prescription drug other than as prescribed,
3
use of a prescription drug not issued to the student, or the
4
distribution or sale of a prescription drug to a person to whom
5
the prescription was not originally issued; or public appearance
6
while under the influence of a controlled or illegal substance.
drug
paraphernalia
destroying,
or
defined
in
RCW
with,
8
College property or other personal or public property.
This
9
includes but is not limited to graffiti and vandalism.
10
defacing,
as
tampering
7
(17) Damaging,
of
(18) The attempted or actual theft of property or services.
11
This includes, but is
not limited to, taking, attempting to
12
take, possessing, or aiding another to take College property or
13
services, or property belonging to any person, without express
14
permission.
15
(19) Sexual Misconduct which includes the following:
16
(a) The actual or attempted sexual intercourse or sexual
17
contact that is unwanted or forced upon another without the
18
consent of that person.
19
act of sexual intercourse or sexual contact there are actual
20
words
21
understandable
22
intercourse or sexual contact.
23
granted when one’s capacity for effective decision making has
24
been diminished by the use of alcohol or drugs, or a person is
25
unconscious, or is experiencing some other cognitive impairment.
26
Sexual misconduct can occur with any combination of genders,
27
gender expressions and sexual orientations.
7/1/16
or
conduct
Consent means that at the time of the
indicating
agreement
between
a
the
voluntary
parties
and
to
mutually
have
sexual
Consent may not be given or
[ 12 ]
(b)
1
The photographing or filming of the intimate areas of
2
another person without that person’s knowledge and consent and
3
under
4
expectation of privacy, whether in a public or private place.
circumstances
(c)
5
where
the
person
has
a
reasonable
The indecent exposure of a person’s genitals, for the
6
gratification of the person engaged in such exposure, when done
7
in
8
against generally accepted standards of decency.
9
a
place
where
(20) Failure
such
to
exposure
respond
to
is
likely
any
to
notice
to
be
an
offense
appear
for
a
10
meeting as part of the student conduct process and failure to
11
comply with or violation of the Contract of Accountability, a
12
Required
13
Suspension, Final Determination, or any agreement made during
14
the conduct process.
Resolution
and
Sanction,
conditions
in
an
Interim
15
(21) Hosting a guest who fails to adhere to the Code.
16
(22) Violation
17
18
of
any
College
policy
including,
but
not
limited to, Residential and Dining Services policies.
(23) Hazing
which
includes
any
activity
or
method
of
19
initiation into a student social, living, learning, or athletic
20
group
21
physical, mental, or emotional harm to any member of the College
22
community.
23
24
that
causes,
or
(24) Tampering
is
with
likely
the
to
cause,
election
bodily
of
any
danger
or
student
organization or group.
25
(25) Charged with violation of federal, state, or local law
26
by law enforcement, or conviction of a felony or misdemeanor,
27
under circumstances where it is reasonable to conclude that the
7/1/16
[ 13 ]
1
presence of the person on College premises would constitute a
2
danger
3
College community.
to
the
health,
or
personal
safety
of
members
of
the
4
(26) Knowingly assisting another person to violate the Code
5
or failing to intervene with conduct that constitutes damage to
6
property or a danger to the health or personal safety of an
7
individual
8
attention of College officials.
9
WAC XXX-XX-XXX Interim Suspension
by,
at
a
minimum,
bringing
the
action
to
the
10
(1) The Vice President for Student Affairs or designee may
11
suspend a student from the College for an interim period prior
12
to an investigation of an alleged Code violation, if the Vice
13
President has reason to believe that the student’s alleged act
14
of
15
continued enrollment at the College presents a threat to the
16
safety,
17
members, or the protection of College property.
18
suspension remains in effect until the complaint is resolved.
19
misconduct
is
health,
(2)
of
or
such
a
serious
well-being
of
nature
other
that
his
College
or
her
community
The interim
A student placed on interim suspension shall be given
20
prompt notice of the suspension, the allegations and reason for
21
imposing an interim suspension, and advised of the date, time
22
and place for a hearing regarding the immediacy of the action
23
before
24
hearing. The hearing shall take place no later than ten business
25
days from the effective date of the interim suspension.
a
person
by
the
President
STUDENT CONDUCT CODE PROCEDURES
26
27
designated
WAC XXX-XX-XXX
7/1/16
Purpose
[ 14 ]
to
conduct
the
1
The procedures governing a Student Conduct Administrator’s
2
handling of complaints under the Code are designed to afford
3
Complainants and Respondents informal resolution options and a
4
fair
5
about
6
accountable for their actions, and provides due process.
7
WAC XXX-XX-XXX Filing of Complaint
and
accessible
their
8
(1)
9
alleging
process.
rights
and
The
process
educates
responsibilities,
students
holds
students
Any person may submit a complaint against a student
a
violation
of
the
Code.
The
complaint
must
be
10
submitted in writing to a College official who will forward it
11
to the appropriate Student Conduct Administrator.
12
should be submitted as soon as possible after the event takes
13
place.
(2)
14
A complaint
The Vice President for Student Affairs shall delegate
15
the
responsibility
16
Student Conduct Code Administrator. The Senior Student Conduct
17
Administrator
18
alleged violations of the Code and specifically addresses those
19
where the Respondent is alleged to have engaged in acts and
20
threats
21
occurring near the end of or after a student’s contract with
22
RAD; conduct reported by Police Services; and conduct that may
23
result
24
Conduct
25
Services
26
violations
27
residents in or near residential facilities.
7/1/16
of
in
is
for
generally
physical
or
Administrators
of
are
the
sexual
expulsion
identified
generally
Code
a
complaint
responsible
abuse;
suspension
(RAD)
addressing
[ 15 ]
Senior
for
most
violations
College.
Residential
responsible
allegedly
the
the
addressing
misconduct;
from
in
for
to
and
Student
Dining
addressing
committed
by
most
on-campus
If a question of
1
who is responsible for addressing
2
Senior
3
authorized to address the complaint and if necessary, serve as a
4
Student Conduct Administrator.
Student
(3)
5
A
Conduct
Administrator
Complainant
addressed
a complaint is present, the
or
determines
Respondent
alternate
to
have
a
7
Administrator if a conflict of interest is identified. The Vice
8
President of Student Affairs shall have the final authority to
9
determine
Student
Conduct
10
assign in this case.
11
WAC XXX-XX-XXX Notification to Respondent
(1)
12
The
Respondent
shall
Student
be
complaint
appropriate
an
request
shall
6
the
by
may
who
meet
with
Conduct
Administrator
the
Student
to
Conduct
13
Code Administrator for a conduct conference on the date and at
14
the time notified by any College official or the Respondent must
15
schedule a conduct conference by the deadline indicated on the
16
notice of alleged violations as issued by a Student Conduct
17
Administrator.
(2)
18
The Student Conduct Administrator may impose interim
19
restrictions on the Respondent prior to, or at any stage during,
20
a
21
Complainant or any other member of the College community is
22
deemed at risk. The interim restriction(s) shall remain in place
23
until such time that the Student Conduct Administrator notifies
24
the Respondent in writing that the interim restrictions have
25
been modified or are no longer in effect. If the Respondent
26
files
27
determination
conduct
7/1/16
an
conference,
appeal
of
of
when
the
the
health
Student
responsibility
and
[ 16 ]
or
safety
of
the
Conduct
Administrators’
required
resolution
and
1
sanction, the interim restrictions shall remain in effect until
2
the Board issues a final determination. These restrictions may
3
include,
4
contact orders.
5
WAC XXX-XX-XXX Conduct Conference
6
but
(1)
are
not
limited
to,
loss
of
privileges
or
no
During the conduct conference, which may occur over a
7
series
8
explain to the Respondent the process for addressing complaints
9
under the Code, advise the Respondent of his or her rights and
10
responsibilities, and review with the Respondent the complaint
11
and alleged violation(s) of the Code.
12
of
(2)
meetings,
the
Student
Conduct
Administrator
shall
If there is more than one Respondent involved in the
13
complaint,
14
discretion, may permit the conduct conferences concerning each
15
Respondent to be conducted either separately, or jointly.
16
(3)
the
Student
Conduct
Administrator,
in
his
or
her
Failure to meet with the Student Conduct Administrator
17
at the appointed time during the conduct conference process may
18
subject a Respondent to a conduct hold. If the Respondent fails
19
to meet with the Student Conduct Administrator as required the
20
complaint may be determined in the Respondent’s absence.
21
(4)
In addition to information sought from the Respondent
22
regarding the allegations, the Student Conduct Administrator may
23
seek additional information from other persons with information
24
relevant to the investigation of the complaint.
25
(5)
If
the
is
Administrator
determined
shall
to
merit,
with
the
Student
27
resolution, enter into a Contract of Accountability with the
[ 17 ]
proceed
have
26
7/1/16
Conduct
complaint
informal
1
Respondent,
2
determination
3
resolution and sanction(s). If the Student Conduct Administrator
4
determines that the Respondent is not responsible for violating
5
the Code, no action shall be taken.
6
WAC XXX-XX-XXX Informal Resolution
(1)
7
or
complete
of
an
investigation
responsibility
and
and
determine
make
the
a
required
If the Student Conduct Administrator concludes that
8
efforts
at
informal
9
complaint, he or she shall take whatever steps are useful to
10
that
11
justice intervention.
12
end,
resolution
(2)
including
If
an
are
mediation,
informal
appropriate
arbitration
resolution
is
to
or
resolve
a
restorative
reached
and
the
13
Respondent complies with the agreed terms and conditions, if
14
any, of the resolution, no further action against the Respondent
15
will be taken and the matter will be closed.
16
not reached or the Respondent fails to comply with the agreed
17
terms and conditions of the resolution, the Student Conduct Code
18
Administrator may proceed to take action necessary to resolve
19
the complaint.
20
WAC XXX-XX-XXX Contract of Accountability
21
(1)
If a resolution is
The Student Conduct Administrator may work with any
22
Respondent
who
23
prohibited
conduct
24
sanction.
If an agreement is reached, the required resolution
25
and sanction(s) shall be contained in a written Contract of
26
Accountability signed by both the Respondent and the Student
27
Conduct Administrator.
7/1/16
acknowledges
to
responsibility
identify
the
[ 18 ]
for
required
engaging
resolution
in
and
1
(2)
A
Respondent
of
resolution
and
4
right
5
comply with the required resolution and sanction in the Contract
6
of Accountability shall be the basis for a separate violation of
7
8
9
10
11
Code.
A
required
Contract
sanction(s) set forth in the Contract and shall have no further
the
the
a
3
under
with
into
Accountability
appeal
comply
enters
2
of
shall
who
Respondent’s
failure
to
misconduct under the Code and may result in a Conduct Hold.
WAC XXX-XX-XXX Notice of Determination
Required Resolution and Sanctions
(1)
If
a
complaint
is
not
of
Responsibility
resolved
through
and
informal
12
resolution or by entering into a Contract of Accountability, the
13
Student
14
determination
15
likely
16
sanction(s).
17
Conduct
than
of
not
Administrator
responsibility
and
if
shall
based
appropriate,
issue
on
a
a
notice
standard
required
of
of
more
resolution
and
(2) The determination of responsibility shall identify the
18
specific
19
Respondent.
20
provide
21
deadlines, the Respondent must execute to address violations of
22
the Code.
23
(3)
prohibited
for
The
conduct
required
those
tasks
to
have
resolution
or
been
and
violated
sanction(s)
consequences,
and
by
the
shall
associated
The Student Conduct Administrator’s determination of
24
responsibility and required resolution and sanction(s) shall be
25
final unless the Respondent files a timely appeal to the Student
26
Conduct Appeals Board.
27
WAC XXX-XX-XXX.
Resolution and Sanctions
28
The following resolution and sanctions may be agreed to by,
29
or required of, a Respondent found to have violated the Code.
7/1/16
[ 19 ]
1
More than one resolution and sanction may be imposed for any
2
single violation.
3
unique aspects of each situation and should be appropriate to
4
the
5
seriousness of the violation. History, patterns, and frequency
6
of misconduct; severity and level of impact on the community;
7
and
8
resolution and sanction for each individual Respondent.
a
taking
student’s
(1)
9
10
violation,
Resolution and sanctions are based on the
Warning.
into
consideration
motivation
and
the
response
all
context
determine
and
the
A notice in writing to the student that the
student is violating, or has violated, the Code.
(2)
11
is
Educational and Discretionary Actions.
12
but
13
assessment and recommended treatment, completion of a workshop
14
or
15
exchange, or service to the College.
limited
training,
(3)
16
not
to,
work
mediation,
assignments,
This includes,
arbitration,
essays,
behavior
restorative
justice
Probation. A written reprimand and notice that for a
17
designated period of time a student will be on special status
18
with
19
additional Required Resolution and Sanctions if the student is
20
found to
21
time.
22
conditions
(4)
imposed
that
includes
the
probability
of
violate the Code during the probationary period of
Loss
of
Privileges.
This
may
include,
but
is
not
23
limited to, limited access or restriction from College premises,
24
College-sponsored
25
student
26
activities.
27
(5)
7/1/16
activities
employment,
or
or
events,
use
participation
in
of
equipment,
co-curricular
Restitution. Compensation for loss, damage, or injury
[ 20 ]
1
for expenses incurred by the College or other persons resulting
2
from
3
appropriate
4
combination of both.
(6)
5
6
a
violation
of
service,
No Contact.
the
Code.
monetary
This
or
may
material
take
the
form
replacement,
of
or
a
A directive that a student may have no
contact with other stated members of the College community.
(7)
7
Residence Hall Suspension.
Separation of the student
8
from the residence halls for a definite period of time, after
9
which the student is eligible to return.
Conditions allowing
10
for a student to return to the Hall may be specified in the
11
suspension.
(8)
12
13
Residence Hall Expulsion.
Permanent separation of the
student from the residence halls.
(9)
14
Deferred Action.
immediately
imposed
Resolution and Sanctions that will
15
be
if
16
Accountability are not met or additional violations occur within
17
a Probation.
(10) College Suspension.
18
of
Separation of the student from
student is eligible to return, provided that the student has
21
complied with all conditions imposed as part of the suspension
22
and
23
Conditions for reenrollment may be specified in the suspension.
25
definite
Contract
20
student
a
a
the
the
for
of
19
24
College
conditions
is
period
otherwise
of
time,
qualified
after
for
which
the
re-enrolling.
(11) College Expulsion. Permanent separation of the student
from the College with a notation on the student’s transcript.
7/1/16
[ 21 ]
(12) Withholding Admission or Degree.
1
Admission to or a
2
degree awarded from the College may be withheld for a specified
3
amount of time.
(13) Revocation of Admission or Degree.
4
Admission to or a
5
degree awarded from the College is revoked and noted on the
6
transcript.
(14) Records
7
Hold.
A
hold
placed
on
transcripts,
8
diplomas(s) or other records until a student satisfies the terms
9
and conditions of any Required Resolution and Sanction.
STUDENT CONDUCT APPEALS
10
11
WAC XXX-XX-XXX Filing of Appeal
(1)
12
A
Respondent
may
Student
14
resolution and sanction(s) to the Student Conduct Appeals Board.
15
An appeal must be in writing and received by the Vice President
16
for Student Affairs within five calendar days of service of the
17
Student Conduct Administrator’s determination of responsibility
18
and required resolution and sanction(s).
Except
in
cases
of
responsibility
Conduct
Administrator’s
(2)
of
a
13
19
determination
appeal
an
interim
and
required
suspension,
the
20
Respondent’s student status will not be altered until the final
21
opportunity for appeal has passed.
22
WAC XXX-XX-XXX Notice of Hearing
(1)
23
After receipt of a timely request for a hearing, the
24
Vice
President
25
before the Student Conduct Appeals Board and provide written
26
notice to the Respondent at least seven business days in advance
27
of the hearing. The seven days advance notice may be waived by
7/1/16
for
Student
Affairs
[ 22 ]
shall
schedule
a
hearing
1
the
2
permission.
3
4
5
6
7
Vice
(2)
President
for
Student
Affairs,
with
the
student’s
The written notice provided to the Respondent shall
include the following:
(a)
the
date,
time,
location,
and
nature
of
the
proceeding;
(b)
a date by which the Respondent and Student Conduct
8
Administrator must identify individuals who will be involved in
9
sharing information on his or her behalf;
10
(c)
a date by which the Student Conduct Administrator and
11
Respondent must provide copies of any documents to be provided
12
to the Board at the hearing. The date for providing documents
13
must be at least two business days prior to the hearing date;
14
WAC XXX-XX-XXX Procedure at Hearing
15
16
17
The procedures to be followed at hearings conducted by the
Student Conduct Appeals Board are as follow:
(1)
All
procedural
questions
and
other
decisions
are
18
subject to the final decision of the Chair of the Board. The
19
Chair shall insure that the proceeding is held in an orderly
20
manner such that the rights of all parties to a full, fair and
21
impartial proceeding that adheres to the Code and any other
22
applicable laws are maintained;
23
(2)
The hearing is a closed proceeding which includes only
24
members of the Board; the advisor to the Board; the Student
25
Conduct Administrator and their advisor, if any; the Respondent
26
and their advisor(s), if any; and persons requested to provide
27
information at the hearing.
7/1/16
Admission of any other person to
[ 23 ]
1
the
hearing
2
subject to the requirement set forth in subsection (4).
(3)
3
The
is
at
the
discretion
Complainant
and
of
the
the
Board’s
Respondent
chair
are
and
neither
4
encouraged nor required to be assisted by an advisor of their
5
choosing at their own expense.
6
are
7
proceedings,
8
participate directly in any proceeding.
9
delayed due to the scheduling conflicts of an advisor.
10
responsible
(4)
and
for
The Complainant and Respondent
presenting
therefore,
all
advisors
information
are
not
during
permitted
the
to
Proceedings will not be
There will be a single verbatim sound recording of the
11
hearing, and the record shall be on file with the Vice President
12
for Student Affairs and is the property of the College.
13
(5)
The Respondent’s failure to cooperate with or attend a
14
hearing shall not preclude the Board from proceeding and making
15
a final determination or denying the appeal.
16
(6)
Only those materials and information presented at the
17
proceeding will be considered.
18
incompetent, irrelevant, or unduly repetitious information.
19
(7)
The Chair may exclude or limit
Any person disruptive of the proceeding shall be duly
20
warned and subsequently may be excluded from the hearing by the
21
Chair.
22
violation of the Student Conduct Code.
23
(8)
Any student engaging in such interference shall be in
The Chair is authorized to take reasonable measures
24
to maintain control over the proceedings in order to elicit
25
relevant facts, to prevent the mistreatment of participants, to
26
insure that proceedings are not disrupted and the interests of
27
fairness are served.
7/1/16
This may include regulating the timing,
[ 24 ]
1
length and manner of presentations, declaring recesses in the
2
proceedings, and taking other appropriate actions.
3
(9)As required by the Jeanne Cleary Disclosure of Campus
4
Security Policy and Campus Crime Statistics Act, 20 USC 1092(f),
5
if a complaint alleges facts that would, if proven, constitute a
6
sex offense for purposes of the Cleary Act:
7
(a) The complainant may be present during the proceedings
8
and is entitled to the same opportunities as provided to the
9
Respondent to have others present during the proceedings; and
10
(b)
11
determination
12
sanction imposed against the Respondent.
13
the
complainant
with
respect
is
to
to
be
the
informed
alleged
of
the
offense
final
and
any
(10) Only members of the Appeal Board and the advisor to
14
the Board shall be present for deliberations.
Deliberations are
15
not recorded.
16
the information presented and decide by majority vote whether it
17
is more likely than not that the Respondent is responsible for
18
violating each section of the Code the Respondent is charged
19
with violating and/or what resolution and sanction(s)to impose.
During deliberations the Board shall consider all
20
21
22
WAC XXX-XX-XXX Board Composition
(1)
The
filed
Student
by
a
Conduct
Appeals
Respondent
of
Board
the
shall
hear
all
determination
of
23
appeals
24
responsibility and required resolution and sanction(s) issued by
25
the Student Conduct Administrator.
26
of five members consisting of one faculty member, one staff
27
member, and three students.
One member shall be designated by
7/1/16
[ 25 ]
The Board shall be composed
1
the Vice President to serve as the Chair of the Board for a
2
hearing.
3
(2)
The
faculty
member
serving
on
the
Board
shall
be
4
appointed by the faculty agenda committee. The committee shall
5
appoint three alternate faculty members to serve in the event
6
the faculty member is unavailable or is unable to serve due to a
7
conflict of interest.
(3)
8
The
Vice
President
for
Student
designating
the
10
serving
the
Board.
student
11
selection of alternate members to serve as necessary, shall be
12
done through an open selection process established by the Vice
13
President.
(4)
14
The
members,
staff
be
for
on
and
shall
responsible
9
student
Affairs
members
including
the
A Respondent and/or the Student Conduct Administrator
15
may request removal of a member of the Board at the commencement
16
of the hearing for reasons of bias.
17
shall
18
unless the student is requesting removal of the Chair.
19
there is a request to remove the Chair, and the Chair does not
20
voluntarily remove himself or herself, a quorum of the remaining
21
members shall decide whether removal is warranted.
22
is
23
student
24
member.
25
WAC XXX-XX-XXX Final Determination
26
be
responsible
removed,
or
an
for
making
appropriate
staff)
shall
decisions
alternate
serve
The Chair of the Board
on
the
regarding
member
Board
the
The Board shall issue a final determination that:
7/1/16
[ 26 ]
When
If a member
(i.e.,
for
removal,
faculty,
excused
1
(a)
2
required
3
Administrator;
4
(b)
upholds
the
resolution
upholds
determination
and
part,
sanction(s)
or
all,
of
the
Student
Conduct
determination
sanction(s), or modifies or develops an alternate resolution and
7
sanction(s); or
that
the
required
student
is
resolution
of
6
determines
the
the
and
responsibility;
(c)
upholds
of
responsibility
5
8
and
of
not
responsible
and
for
9
violating the Student Code of Conduct, reverse the determination
10
of responsibility issued by the Student Conduct Administrator,
11
and dismiss the
12
WAC XXX-XX-XXX Reconsideration
13
(1)
case.
Within ten business days of the service of the final
14
determination,
the
Respondent
may
file
a
petition
for
15
reconsideration with the Student Conduct Appeals Board.
16
petition must state the specific grounds upon which relief is
17
requested.
The
18
(2)
The petition shall be filed:
19
(a) by United States mail, postage prepaid, addressed as
20
follows:
21
Board, Office of the Vice President for Student Affairs, 2700
22
Evergreen Parkway NW, Olympia, Washington, 98505; or
23
(b)
The Evergreen State College, Student Conduct Appeals
by
personal
service
on
the
Student
Conduct
Appeals
24
Board which shall be deemed accomplished by hand delivering the
25
petition to the Office of the Vice President for Student Affairs
26
at the address listed in subsection(2)(a).
27
(c)
7/1/16
The final determination remains in effect until the
[ 27 ]
1
petition for reconsideration is complete.
2
to
3
twenty business days from the date the petition is filed, the
4
Board
5
Respondent with a written notice specifying the date by which it
6
will act on the petition.
have
does
9
the
not:
(a)
petition
dismiss
for
the
reconsideration
petition;
or
if,
(b)
within
serve
the
MAINTENANCE OF STUDENT CONDUCT CODE RECORDS
7
8
denied
The Board is deemed
WAC XXX-XX-XXX Retention
(1)
A student’s conduct record may be retained for seven
10
years after the final disposition of the case. When the
11
resolution and sanction includes College expulsion or revocation
12
of a degree the record will be retained in perpetuity. Final
13
disposition is defined as when:
14
(a)
respondent fulfills the Contract of Accountability or
15
the required resolution and sanctions issued the Student Conduct
16
Appeals Board; or
17
(b)
a case is closed at the discretion of the Student
18
Conduct Code Administrator when the Respondent has not completed
19
the required resolution and sanction and has not been enrolled
20
for twelve months.
21
(2)
Other than College expulsion, degree revocation, or
22
withholding of a degree, resolution and sanctions shall not be
23
made part of the student’s permanent academic record, but shall
24
be part of the student’s conduct record.
SIMULTANEOUS CIVIL OR CRIMINAL PROCEEDINGS
25
26
WAC XX-XX-XXX
27
(1)
7/1/16
Code
Simultaneous Civil or Criminal Proceedings
proceedings
may
be
[ 28 ]
instituted
and
carried
out
1
without regard to any criminal or civil litigation or external
2
processes with which the student may be involved. Issuance of a
3
determination
4
sanction(s)
5
Board shall not be subject to change because criminal charges or
6
civil litigation from the same facts resulting in an allegation
7
of violation of the Code were dismissed, reduced, or resolved in
8
favor of or against the Respondent.
of
by
responsibility
the
Student
or
Conduct
required
resolution
Administrator
or
and
Appeals
(2) If a Respondent charged with misconduct under this Code
9
10
has
been
11
related acts by federal, state, or local authorities, or if it
12
appears that such criminal charge is under consideration, the
13
Respondent may petition the Vice President for Student Affairs
14
to
15
disposition of the criminal charge or of the consideration of
16
filing
17
discretion to grant or deny the request.
postpone
such
(3)
18
charged
with
action
on
charge.
a
crime
the
The
for
the
complaint
Vice
same
until
President
act
or
there
has
shall
closely
been
have
a
the
When a Respondent is charged by federal, state, or
19
local authorities with a violation of law, the College will not
20
request or agree to special consideration for the individual
21
because of his or her status as a student.
22
offense is also being addressed under the Code, the College may
23
advise off-campus authorities of the existence of the Code and
24
how
25
community.
such
matters
are
typically
handled
26
7/1/16
[ 29 ]
If the alleged
within
the
College