I, Sean C. Witmer, student ID # ### - ## - #### Per WAC 495C-120-120 Disciplinary process and WAC 495C-120-160 Hearing procedures, do herby submit my written appeal regarding the matter of of my alleged violation on November 4th 2013 of the CLOVER PARK TECHNICAL COLLEGE POLICY & PROCEDURE Chapter 6 Section 15 Title Weapons on College Property Policy.
WAC 495C-120-120 clearly states that the process must happen in a prescribed order.
(1) Infractions of college rules may be referred by any college staff member to the appropriate director or designee.
(2) A student alleged to have violated a provision of this chapter shall be notified to meet with the director or designee for possible disciplinary action.
(3) After a careful review of the circumstances surrounding the alleged misconduct, the director or designee may take any of the following actions:
(a) Terminate the proceeding;
(b) Dismiss the case after whatever counseling and advice the director or designee deems appropriate;
(c) Impose appropriate disciplinary action (reprimand, probation, suspension, expulsion), subject to student's right of appeal.
(4) The student will be notified in writing of the determination made by the director or designee.
(5) If, after consideration of the alleged misconduct, the recommendation of the director or designee is for disciplinary action, the student may:
(a) Accept the disciplinary action; or
(b) File, within fifteen calendar days following receipt of the notification of disciplinary action, a written request for a formal hearing pursuant to the provisions of WAC 495C-120-160. If the request is not filed within the prescribed time, the right to do so is waived.
(6) If a hearing is requested, notice of the hearing shall be given to all parties at least seven days before the hearing. The notice will indicate the names and addresses of all parties, the names and addresses of their representatives, a statement of the time, place, and nature of the proceeding, a short and plain statement of the matters asserted, and the legal authority and jurisdiction under which the hearing is to be held.
Fact #1. Clover Park Technical College is a Washington state owned, funded and operated public college, subject to Washington state laws regarding firearms.
Fact #2. WAC 495C-120-120 Clearly outlines and prescribes CPTC's disciplinary process.
Fact #3. Monday November 4th 2013, Ron Wright, acting VP of student services is clearly heard and documented as saying that he and the school were in the process of expelling me for violations of school firearms policy.
Fact #4. Tuesday November 5th 2013, Ron Wright and others confronted me with disciplinary documents associated with CPTC's firearm policy.
Fact #5. Thursday November 7th 2013, While attempting to serve CPTC administration staff with notice of written appeal regarding alleged violations of CPTC's firearm policy pursuant to WAC 495C-120-120 and WAC 495C-120-160, Ron Wright refused such documents and in fact, escalated the disciplinary action to a summary suspension to include a criminal traspass order against myself, filed with the city of Lakewood police department.
Summery:
I submit that this disciplinary process did not happen in the order that is required. On November 5th 2013, I was removed from class and told that I was in violation of the above listed policy. I was told that I was going to be disciplined for said violation. The disiplinary documents had already been filled out and signed before I was even given a chance to present my case and in fact, I was never even given the chance to present my side of the case. Steps 2 and 3 in fact, were completely omitted.
I submit that the "Weapons on College Property Policy" is in violation of state law RCW 9.41.290 State Preemption. The CPTC "Weapons on College Property Policy" restricts the protected RIGHT of carrying lawful firearms on campus, requiring a state issued conceal pistol license and to only carrying in a concealed manner and only after receiving permission to excersize said right.
I submit that Ron Wright and Clover Park Technical College are in violation of multiple Washington state RCWs including criminal violations as well as violations of civil rights retained by me, protected by the US constitution and the Washington state constitution.
US constitution 1st Amendment: "Freedom of Speech"
US constitution 2nd Amendment: "Right to keep and bear arms"
Washington state constitution, Article 1 Declaration of Rights:
Section 5 Freedom of Speech. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.
Section 24 Right to bear arms. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
RCW 9A.80.010 Official misconduct.
(1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:
(a) He or she intentionally commits an unauthorized act under color of law; or
(b) He or she intentionally refrains from performing a duty imposed upon him or her by law.
(2) Official misconduct is a gross misdemeanor.
[2011 c 336 § 408; 1975-'76 2nd ex.s. c 38 § 17; 1975 1st ex.s. c 260 §9A.80.010 .]
RCW 9A.36.070 Coercion.
(1) A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
(b) Threats as defined in *RCW 9A.04.110(28)
(3) Coercion is a gross misdemeanor.
[2011 c 336 § 361; 1975 1st ex.s. c 260 § 9A.36.070.]
RCW 9A.04.110 Definitions.
(28) "Threat" means to communicate, directly or indirectly the intent:
(d) To accuse any person of a crime or cause criminal charges to be instituted against any person; or
(h) To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or
(j) To do any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships;
RCW 9A.40.040 Unlawful imprisonment.
(1) A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.
(2) Unlawful imprisonment is a class C felony.
[2011 c 336 § 365; 1975 1st ex.s. c 260 § 9A.40.040.]
http://www.justice.gov/crt/about/crm/241fin.php
CONSPIRACY AGAINST RIGHTS
Summary:
Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
RCW 9A.04.110 Definitions.
(19) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state. "State officer" includes judges of the superior court, judges of the court of appeals, justices of the supreme court, members of the legislature together with the secretary of the senate and the chief clerk of the house of representatives, holders of elective offices in the executive branch of state government, chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and employees of the state who are engaged in supervisory, policy-making, or policy-enforcing work. For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a state officer.
Conclusion:
I submit that not only was the WAC 495C-120-120 Disciplinary process handled improperly, I also submit that that the policy that I am in alleged violation of is also illegal and unconstitutional. Being a state school, CPTC is subject to Washington state law which it is in in clear violation of.
Name: Sean C. Witmer
Signature: ____________________
Student ID#: ### - ## - ####
Date: November 7th 2013
rolleyes