Student Policies
Student Rights & Responsibilities
Peninsula College guarantees all students specific rights as a result of theirenrollment status and requires that all students assume the obligation of responsiblebehavior as a condition of their continued enrollment.Within the limitations of statutory law and college policies necessary to achieve theeducational goals of the institution, students are guaranteed the following enumerated Rights.1. Academic Freedom.(a) Students are guaranteed the right of free inquiry, expression, and assemblyupon and within college facilities which are generally open and available tothe public.(b) Students are free to pursue appropriate educational objectives from among thecollege course offerings and services, subject to the limitations of RCW28B.50.090(3)(b).(c) Students are entitled to a learning environment free from unlawful discrimination,sexual harassment, or disrespectful conduct. (page 23, student handbook)
(d) Students are entitled to protection from academic evaluation which isarbitrary, prejudiced, or capricious. (This in no way relieves students of theresponsibility to meet the standards of academic progress established by theirinstructors.)2. Due Process.(a) Students are guaranteed the right to be secure in their persons, quarters,papers, and property against unreasonable searches and seizures.(b) Students are guaranteed that no disciplinary sanction may be imposed againstthem without an attempt to notify them of the nature of the charges.(c) Students accused of violating this policy are entitled, upon request, toprocedural due process as set forth hereafter.3. Distributing and Posting. Students are entitled to distribute or post printed orpublished materials subject to the procedures set forth hereafter and available in theoffice of student activities.4. Hosting Off-Campus Speakers. Recognized student organizations shall have theright to invite outside speakers to address the college and community, subject to theavailability of campus facilities, and compliance with college procedures publishedin the college policy manual.The exercise of the above rights being dependent upon an orderly atmosphere,students shall assume, by virtue of their enrollment, Responsibilities to PeninsulaCollege. Any student shall be subject to disciplinary action who either engages in orassists in the interference with the personal rights or privileges of others or the educationalpurpose of the college; who violates any provision of this policy; or who commitsany of the personal, property, or other offenses which are hereafter enumerated.Disciplinary action, which may include expulsion and/or prosecution, may result from:1. Personal Offenses.(a) Assault, reckless endangerment, intimidation, or interference with another inthe pursuit of educational goals.(b) Disorderly or abusive behavior, refusal to follow instructions, or other conductwhich interferes with the rights of others or which obstructs or disrupts theteaching, research, or administrative functions of the college.(c) Illegal assembly, obstruction, or disruption, materially and substantiallyinterfering with the conduct of classes, hearings, or meetings; the educationaland administrative functions of the college; the private rights and privileges ofothers; or vehicular pedestrian traffic.(d) Sexual harassment, engaging in unwelcome sexual advances, requestingsexual favors, or engaging in other conduct, either physical or verbal, of asexual nature which offends the recipient, causes discomfort or humiliation, orinterferes with job or academic performance.(e) Filing a false complaint, accusing another student or a college employee ofviolating a provision of this policy.(f) Creating a false alarm by setting off or tampering with any emergency safetyequipment, alarm, or other device provided for the safety of individuals orcollege facilities.2. Property Offenses.(a) Theft of property owned by the college or by a person.(b) Malicious mischief in causing either intentional or negligent damage to ordestruction of any college facility, or other public or personal property.(c) Trespass, either declining a legal order to vacate a college premise, or violatinga legal prohibition of access to college facilities.(d) Unauthorized use of college equipment and supplies, or the conversion ofcollege equipment for personal gain, including the theft, through computertrespass, of electronic data owned or used by Peninsula College.3. Other Offenses.(a) Cheating and plagiarism, i.e., submitting to a faculty member any work whichis untruthfully represented as the student's own work for the purpose ofmeeting the requirements of any assignment or task required by the facultymember as a part of the student's program of instruction.(b) Forgery or the alteration of official records, whereby a student either forges oroffers a forged document as authentic to any agent acting on behalf ofPeninsula College.(c) Refusal to provide identification in appropriate circumstances to any collegeemployee acting in the lawful discharge of the employee's duties.(d) Illegal entry into any administrative or employee office or other locked orclosed college facility, at any time, without permission of the employee or anappropriate agent of the college. (page 24, student handbook)
(e) The use, possession, or sale of any controlled substances (as defined inChapter 69.50 RCW, now or hereafter amended) except when the use orpossession of a drug is prescribed as medication by an authorized medicalprofessional.(f) The use, possession, or sale of any form of alcoholic beverage, or beingdemonstrably under the influence of alcohol.(g) The possession of weapons, explosives, or dangerous chemicals, or theunauthorized use or possession of any device or substance which can be usedto inflict bodily harm or cause damage to real or personal property.(h) Smoking in any non-residential building, or in any campus location notdesignated for smoking.In addition to the above student rights and responsibilities, individual professionaltechnical programs may distribute to students copies of specific program requirements.Entrance into the program is contingent upon completion of a signed agreement, and continuation in the program will be based on adherence to specific program requirements.
Administrative Procedure: Student DisciplineDisciplinary ActionsAn official designated by the president shall have authority to administer thedisciplinary actions indicated in this procedure. The president shall be advised of alldisciplinary actions involving probation, suspension, loss of housing privileges, orexpulsion from the college.Disciplinary actions imposed upon students who violate the rules of conductestablished in college policy may include:1. Disciplinary Warning. This shall consist of verbal notice to the student that thestudent has violated college rules of conduct, or has failed to meet the college'sexpectations regarding student conduct. The student will be cautioned thatrepeated misconduct will result in additional sanctions.2. Disciplinary Reprimand. This shall consist of a formal written censure provided tothe student and shall detail the rules violated as well as the more serious disciplinaryaction which may result from repeated violations of rules of conduct.3. Disciplinary Probation. This shall consist of formal action by the disciplinaryofficer, placing specific conditions on the student's continued student status. Noticeof probation shall be made in writing and shall specify the period of probation andthe conditions. Probation may be for a specific period, or may be for a period whichmay extend through the student's period of enrollment.4. Suspension. This shall consist of a formal, but limited, dismissal from the college.Notice of the action shall be given in writing and shall specify both the length of thedismissal and any conditions which must be met before reinstatement.5. Expulsion. This shall result in permanent termination of a student's eligibility forenrollment. Notice of the expulsion, and its cause, will be presented in writing. Theexpelled student shall receive no refund of any tuition or fees which have been paidfor the period of enrollment in which the expulsion occurs, or for any period of enrollment.
Initiation of DisciplineAny student violating any provision of the rules of student conduct will be subjectto discipline.1. A request for disciplinary action must be referred to the official designated by thepresident as responsible for college discipline. The request must be made within tendays of the discovery of the fact and must be made in writing and signed by theindividual making the request.2. If in the opinion of the college discipline official the accused student's presence on campusrepresents the threat either of danger or of the disruption of college activities, the studentmay be placed on suspension pending the commencement of disciplinary action.3. The student accused will be called for an informal meeting with the collegediscipline official and will be informed of the charges which have been made andthe range of possible penalties should the student be judged guilty of havingviolated college regulations.4. After considering all evidence in the case, the discipline officer may take any of thefollowing actions:(a) Terminate the proceeding, exonerating the accused;(b) Dismiss the case after whatever counseling and advice may be appropriate isfollowed; (page 25, student handbook)
(c) Impose minor sanctions directly, including verbal warning; reprimand; orsuch sanctions as the student may agree to in writing, such as communityservice or restitution.(d) Impose the formal sanctions of probation, limited dismissal, or expulsion. Allformal sanctions will be subject to the student's right of appeal as set forth infollowing procedures.5. The discipline officer shall inform both the person(s) making the accusation and theaccused student of the disposition of the accusation. If the discipline includesformal sanctions, the decision will be rendered in writing and a copy will be provided to the office of the college president.
Appeals ProcedureA student may appeal any decision which imposes the sanctions of probation,suspension, or expulsion.All appeals must be in writing and must be filed with the office of the collegepresident not later than ten days from the date on which the student was notified of thedisciplinary action. An appeal must clearly state either errors in fact or matters ofextenuation or mitigation which justify the appeal.1. An initial appeal of a decision rendered by the college discipline officer shall bemade to the college Discipline Committee, which shall be composed of three collegefaculty members appointed by the college president and three full time studentsappointed by the Associated Student president.2. A final appeal to the president of the college may be made of a decision of theDiscipline Committee. The president shall review the record of the proceedingswhich gave rise to the appeal, as well as the recommendation of the collegediscipline officer and the records of the Discipline Committee. The president's decision shall be final.
Hearing of Appeals1. The Discipline Committee will hear all cases in which a student has appealed thedecision of the college discipline officer imposing sanctions of suspension,termination of college residence, suspension, or expulsion.2. When notified of an appeal, the committee shall meet, shall select a chairperson, andshall establish a hearing date for the appeal not later than fourteen days from thedate the appeal was filed with the office of the president.3. The student has a right to a fair and impartial hearing.(a) If any member of the committee is unable to render a fair and impartialdecision for any reason, including conflict of interest or conscience, thatmember shall abstain from considering the issues.(b) The student will be notified in writing, by personal service or by certified mail,of the time and place of the hearing. Such notice, to be provided not less thanten calendar days in advance of the hearing, shall include:(1) a statement of the time, place, and nature of the hearing.(2) a statement of the specific charges which will be considered.(3) to the extent known, a list of the witnesses who will appear, and asummary of the documentary or physical evidence which will bepresented by the college.(c) The student may request that a hearing date be advanced, or that the hearingbe continued for good cause. The Discipline Committee chair shall beauthorized to alter the hearing date.(d) The student shall be entitled to hear and examine the evidence against him orher and be informed of the identity of the source.(e) The student is entitled to representation by the counsel of his or her choice atthe hearing. If the student elects to choose as counsel an attorney licensed topractice in the state of Washington, notice of that choice must be given theoffice of the college president at least five working days prior to the hearing.(f) The student shall be allowed to present evidence in his or her own behalf andcross-examine, as to the accuracy of their testimony, witnesses testifying onbehalf of the college.(g) The hearing shall be closed unless the student specifically requests an openhearing. In a closed hearing, participants, excluding those who shall beadmitted for the purpose of presenting evidence, shall be limited to membersof the Discipline Committee and a single person chosen to record theproceedings; the student and counsel, not to exceed three persons in total; andthe college authorities presenting the case and counsel, not to exceed three (page 26, student handbook)
persons in total. If at any time in a hearing, whether closed or open, thereshould be a disruption of the proceeding, the chairperson of the DisciplineCommittee may exclude from the hearing the person or persons causing thedisruption. (Those causing disruption may themselves be subject to disciplinaryaction.)4. In all disciplinary proceedings, a college official shall be appointed to present thecase of the college against the student accused of violating the rules of conduct. Incases in which the student elects to be represented by a licensed attorney, thecollege may elect to have the college represented by an assistant attorney general.5. An audio recording shall be made of any disciplinary hearing. In addition, the chairof the Discipline Committee may select either a member of the committee or anadditional person, who shall take notes during the hearing, and who shall beresponsible for preparing a record of the hearing. The record of the hearing shallconsist of all documents presented; all evidence received and considered; alltestimony offered; a statement of matters officially noted; questions and offers ofproof, objections, and rulings made thereon and during the course of the hearing.6. All records of college disciplinary proceedings shall be maintained in the office ofthe college president during the disciplinary proceedings, and shall be availableduring that time only to the Discipline Committee, the student and his or herattorney, and other college officials designated by the president. After theconclusion of the proceeding, access to all records of the proceeding will be limitedto those designated by the president.7. Only the evidence presented at a disciplinary hearing will be considered indetermining whether the accused student has violated the rules as charged.(a) The chair, with the consent of the committee, shall exclude evidence which isincompetent, irrelevant, immaterial, or unduly repetitive.(b) Evidence or testimony to be offered on behalf of the student as extenuation ormitigation shall be presented only after all substantive and factual evidencehas been presented.8. At the conclusion of the hearing, the Discipline Committee shall meet in closedsession to consider all information presented and shall decide by majority votewhether to uphold the decision of the college discipline official or to recommendany of the following actions:(a) that the college terminate proceedings and exonerate the student.(b) that the college impose any of the disciplinary sanction defined in procedure501.01.9. Within seven calendar days of the conclusion of the hearing, the disciplinecommittee shall provide its recommendations to the college president. A copy ofthe committee's findings of fact and its recommendations will be made available tothe student. The student will be advised of his or her right to present, within tendays, a written statement to the president of the college appealing the recommendationsof the committee.10. Any student may appeal the findings of the Discipline Committee by providing awritten appeal to the president of the college. The president shall then review thewritten record of evidence provided at the Discipline Committee's hearing, as well asthe recommendations offered. During the review the president may, but is notrequired to, suspend any disciplinary action which had been recommended. At theconclusion of the president's review, a statement of findings will be issued, and the student will be exonerated or sanctions imposed. The president's review will be final.
Summary Suspension and AppealsExcept in extraordinary cases disciplinary sanctions will be imposed only after thecollege discipline officer has conducted an interview with the student, and the studenthas exercised or declined to exercise the right of appeal.Extraordinary circumstances will be considered to exist when the college disciplineofficer has cause to believe that the student1. has committed a felony or has violated one of the regulations defined in this policy;AND2. presents an imminent danger to himself or herself, other persons on the collegecampus, or to the educational process.In such case, the college discipline officer shall attempt to notify the studentpersonally and shall send notice by certified mail, to the student's last known address,that the student is summarily suspended. The notice shall state the charges against thestudent, including references to the regulations alleged to have been violated, and shallsummon the student to a meeting with the discipline officer at a time as early as possiblefollowing the suspension. (page 27, student handbook)
If after meeting with the student, the college discipline officer determines that:1. there is probable cause to believe the student did commit one or more of theviolations alleged;2. the alleged violations would be sufficient grounds for disciplinary action; and3. that summary suspension is necessary for the safety of the student, other studentsor persons on college facilities, or the educational processes of the institution;the college discipline officer shall continue the summary suspension. In this eventthe student will be notified within three days by personal service or by certified mail sentto the student's last known address. Notification will include1. the findings of fact and the conclusion which led to the continued summary suspension.2. the duration of the suspension or the nature of additional disciplinary action.3. the conditions under which the suspension can be terminated.Failure of the student to attend or participate in a meeting with the discipline officershall not limit the college's ability to extend or enforce a summary suspension.The student retains the right of appeal from the discipline officer's decision tocontinue a summary suspension. Appeal may be made to the college DisciplineCommittee, provided that:1. the student has met with the discipline officer;2. the student has been officially notified of the outcome of that meeting;3. summary suspension or another disciplinary sanction has been upheld; and4. the appeal is made in accordance with administrative procedure 501.03.The college Discipline Committee, in accordance with procedure 501.04, willconduct a hearing within five days to consider an appeal from summary suspension. Thediscipline committee shall render its recommendation(s) to the college president withinthree days of its hearing.The president shall consider the recommendations of the Discipline Committee and shall issue a final decision within three days.
Student GrievancesIf a student believes he or she has been unfairly treated by a college administrator,faculty member, or staff member, he or she may pursue resolution of the grievance eitherinformally or formally.To be considered valid, a grievance must be initiated within three weeks of theevent which gives rise to the grievance.The procedures outlined below are to be used, except that:1. A grievance may not be filed based on the outcomes of summary or other disciplinaryproceedings already described in earlier sections of this policy;2. Grievances may not be filed in protest against federal or state laws, or againstpolicies, regulations, or procedures adopted by the state Community and Technical College board or by the trustees of Peninsula College.
Informal Grievance Procedures1. A student wishing to pursue an informal resolution to a grievance may contact theofficer designated by the college president as ombudsman. The ombudsman mayadvise the grievant of possible courses of action, or may attempt to mediate, or gainsatisfaction of all parties to the grievance.2. A student may instead choose an alternative informal grievance procedure, in whichcase the student shall(a) contact the college employee with whom he or she has had a grievance andattempt to resolve the matter through direct discussion. If such discussiondoes not resolve the issue,(b) contact the employee's immediate supervisor, who shall serve as mediator andattempt to resolve the issue promptly and fairly. If a resolution is not reachedin this manner, it shall be the responsibility of the immediate supervisor to(c) forward the complaint to the college administrator who provides generalsupervision of the employee. This administrator will investigate thecomplaint, and will, within one week, determine how best to resolve thegrievance and will provide a written opinion to all parties.Informal grievance procedures must be completed within three weeks, unless all parties agree to an extended process.
Formal Grievance ProceduresIf a grievance cannot be resolved through informal processes, the student maypetition for formal grievance procedures by presenting to the college ombudsman withinfive days of the conclusion of informal procedures a written request for a formal hearingof his or her grievance.(page 28, student handbook)