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132J-126-135  <<  132J-126-140 >>   132J-126-150

PDFWAC 132J-126-140

Initiation of disciplinary action.

(1) Any member of the college community may file a complaint against a student or student group for possible violations of the student conduct code.
(2) The student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the student conduct code.
(a) Sexual harassment prohibited under Title IX. The college's Title IX coordinator or designee shall review, process complaints or other reports of sexual harassment, and if applicable, assign an investigator. Allegations of sexual harassment, by a student shall be addressed through the student conduct code. Allegations involving employees or third parties associated with the college will be handled in accordance with college policies.
(b) Hazing by student groups. A student conduct officer, or designee, may review and investigate any complaint or allegation of hazing by a student group. A student group will be notified through its named officer(s) and address on file with the college. A student group may designate one representative who may speak on behalf of a student group during any investigation and/or disciplinary proceeding. A student group will have the rights of a respondent as set forth below.
(3) Investigations will be completed in a timely manner according to college procedures and the results of the investigation shall be referred to the student conduct officer for disciplinary action.
(4) If a student conduct officer determines that a complaint appears to state a violation of the student conduct code, the student conduct officer will consider whether the matter might be resolved through agreement with the respondent or through alternative dispute resolution proceedings involving the complainant and the reporting party.
(a) Informal dispute resolution shall not be used to resolve sexual harassment complaints without written permission from both the complainant and the respondent.
(b) If the parties elect to mediate a dispute through informal dispute resolution, either party shall be free to discontinue mediation at any time.
(5) If the student conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or informal dispute resolution, the student conduct officer may initiate disciplinary action against the respondent.
(6) Both the respondent and the complainant in cases involving allegations of sexual harassment prohibited conduct under Title IX shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the disciplinary process and to appeal any disciplinary decision.
(7) All disciplinary actions will be initiated by the student conduct officer. If that officer is the subject of a complaint, the vice president of student affairs or designee shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the complaint.
(8) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing them to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the conduct code the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting.
(9) At the meeting, the student conduct officer will present the allegations to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.
(10) Within 10 business days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting their decision, the specific student conduct code provisions found to have been violated, the discipline imposed (if any), and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. This period may be extended at the sole discretion of the student conduct officer if additional information is necessary to reach a determination. The student conduct officer will notify the parties of any extension period and the reason therefore.
(11) The student conduct officer may take any of the following disciplinary actions:
(a) Exonerate the respondent and terminate the proceedings;
(b) Impose a disciplinary sanction(s), with or without conditions, as described in WAC 132J-126-130; or
(c) Refer the matter directly to the student conduct committee for such disciplinary action as the committee deems appropriate. Such referral shall be in writing, to the attention of the chair of the student conduct committee, with a copy served on the respondent.
[Statutory Authority: RCW 28B.50.140(13). WSR 25-21-097, s 132J-126-140, filed 10/17/25, effective 11/17/25. Statutory Authority: RCW 28B.50.140(13) and P.L. 113-4. WSR 14-24-129, ยง 132J-126-140, filed 12/3/14, effective 1/3/15.]