Title 132z WAC — Cascadia College

title-132zTitle 132z WACRegulation

Chapter 132Z-104 Board of trustees.

Wash. Admin. Code § 132Z-104-010 Time and place of board meetings.

The board of trustees shall hold one regular meeting on the third Wednesday of each month and such special meetings as may be requested by the chair of the board or by a majority of the members of the board and announced in accordance with law.

Place and time will be published annually with the code revisers office.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-104-010, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-104-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-104-020 Request for items to be placed on board agenda.

Anyone, other than a board member or a representative of the president's office wishing an item placed on the agenda of a board meeting, must have a written request in the office of the board secretary no later than twelve o'clock noon fourteen business days before the next scheduled meeting of the board. The secretary will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-104-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-104-030 Delegation to district president.

The board of trustees delegates to the district president its authority and responsibility to administer Cascadia Community College District 30 in accordance with laws, policies, and rules approved by the board of trustees. At the operational level, the president has final administrative authority over all matters affecting the college district.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-104-030, filed 7/2/96, effective 8/2/96.

Chapter 132Z-108 Practice and procedure.

Wash. Admin. Code § 132Z-108-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this college. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules previously adopted by this college, the model rules prevail.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-020 Appointment of presiding officers.

The president or designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, the president or designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-030 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available under the model rules of procedure.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-030, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-040 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, and an explanation of the facts involved.

Application forms are available at the following address:

Cascadia College

18345 Campus Way N.E.

Bothell, WA 98011

Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-086, § 132Z-108-040, filed 3/17/15, effective 4/17/15. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-108-040, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-040, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-050 Brief adjudicative proceedings.

(1) The college will conduct brief adjudicative proceedings in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted.

(2) Except as otherwise provided by rule or as determined in a particular case by the college president (or designee), brief adjudicative proceedings shall be used to hear appeals of administrative actions relating to the following matters:

(a) Parking and traffic citations;

(b) Outstanding student debts or employee overpayments;

(c) Student residency determinations;

(d) Library fines;

(e) Challenges to contents of student education records;

(f) Loss of student eligibility for participation in college athletics;

(g) Student disciplinary action as defined under the student conduct code, except for a decision referring the matter to the student conduct committee, a decision imposing a sanction of conduct suspension in excess of ten instructional days, or a decision imposing a sanction of conduct expulsion;

(h) Administrative decisions regarding mandatory tuition and/or fee waivers; or

(i) Administrative decisions denying admission or enrollment pursuant to RCW 28B.50.090(3).

(3) Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt and fair resolution of the matter.

(4) The administrative record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. Such records shall be maintained as the official record of the proceedings.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-108-050, filed 6/19/15, effective 7/20/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-050, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-060 Discovery.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall refer to the civil rules of procedure. The presiding officer may control the frequency and nature of discovery permitted, and order discovery conferences to discuss discovery issues.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-060, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-070 Procedure for closing parts of the hearings.

Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten working days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons in writing within twenty working days of receiving the request.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-070, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-108-080 Recording devices.

No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under WAC 132Z-108-070, except for the method of official recording selected by the college.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-108-080, filed 7/2/96, effective 8/2/96.

Chapter 132Z-110 Cascadia College general conduct code.

Wash. Admin. Code § 132Z-110-010 Scope and application—Definitions.

(1) Scope and application. This chapter constitutes the general conduct code of Cascadia College applicable to college students, faculty, staff, and visitors. Except as otherwise indicated, the conduct set forth in this chapter is prohibited anywhere on campus grounds or in college facilities.

(2) Definitions. Unless otherwise indicated, the terms "campus," "college," and "college facilities" for purposes of this chapter shall have the same meanings as those terms defined in WAC 132Z-140-010. The term "college grounds" for purposes of this chapter shall mean any parts of the campus subject to college control.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 20-15-042, § 132Z-110-010, filed 7/8/20, effective 8/8/20.
Wash. Admin. Code § 132Z-110-020 Prohibited conduct.

Prohibited conduct includes engaging in, attempting to engage in, or encouraging or assisting another person to engage in, any of the conduct set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means. The term "includes" or "including" as used in this section means "without limitation."

(1) Alcohol, drug, and tobacco violations.

(a) Alcohol. An "alcohol violation" includes using, possessing, delivering, selling, or being under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.

(b) Marijuana. A "marijuana violation" includes using, possessing, delivering, selling, or being under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits the possession or use of marijuana on college premises or in connection with college activities.

(c) Drug. A "drug violation" includes using, possessing, delivering, selling, or being under the influence of any legend drug or other controlled substance under chapter 69.50 RCW, except as prescribed by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.

(d) Tobacco. A "tobacco violation" means smoking or using tobacco products, electronic smoking devices (including e-cigarettes or vape pens), or other smoking devices in any area of college premises where smoking or tobacco use is prohibited by law or college policy.

(2) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights.

(3) Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

(4) Disruptive or obstructive conduct. The term "disruptive or obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, research, administrative, or other functions, procedures, services, programs, or activities of the college. The term includes disorderly conduct, breach of the peace, violation of local or college noise policies, lewd or obscene conduct, and obstruction of pedestrian or vehicular traffic.

(5) Failure to comply. The term "failure to comply" means refusing to obey the lawful directive of authorized college officials, including a failure to identify oneself upon request, refusing to comply with a disciplinary sanction, or violating any no-contact or other protective order issued by or on behalf of the college.

(6) Other unlawful activity. Persons subject to this chapter must also comply with any other applicable college policies and with any applicable federal, state, or local laws, regulations, or ordinances.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 20-15-042, § 132Z-110-020, filed 7/8/20, effective 8/8/20.
Wash. Admin. Code § 132Z-110-030 Animals on campus.

Animals are not permitted in college facilities, except for service animals assisting individuals with disabilities and animals used for authorized college purposes. Animals are permitted on college grounds if licensed, leashed, and under the owner's direct control. Animal owners or handlers must clean up after their animals, must ensure their animals are not disruptive, and must comply with any applicable posted regulations.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 20-15-042, § 132Z-110-030, filed 7/8/20, effective 8/8/20.
Wash. Admin. Code § 132Z-110-040 Weapons.

Cascadia College prohibits the possession, display, or use of any firearm, explosive, dangerous chemical, or other weapon anywhere on college grounds or in college facilities, except for authorized college purposes, unless prior written approval has been obtained from the college president or president's designee in consultation with the director of campus safety. This prohibition does not apply to authorized law enforcement officers or to the lawful possession of any personal protection spray device authorized under RCW 9.91.160.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 20-15-042, § 132Z-110-040, filed 7/8/20, effective 8/8/20.
Wash. Admin. Code § 132Z-110-050 Violations—Trespass—Appeals.

(1) Violations by students or employees. College students or employees violating these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation and, if the violation persists, may be asked to leave the campus, or designated areas of the campus, and may be reported to the appropriate college authorities for potential corrective or disciplinary action in accordance with applicable college policies.

(2) Violations by noncollege persons. Persons other than college students or employees violating these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation and, if the violation persists, may be directed by campus security to leave the campus or designated areas of the campus. Such direction will be in the form of a written notice of trespass withdrawing the license or privilege of such persons to enter onto or remain on college property and subjecting such persons to arrest for criminal trespass under chapter 9A.52 RCW or applicable municipal ordinance.

(3) Appeal of trespass notice. When the college under subsection (2) of this section revokes the license or privilege of any person to be on college property, whether temporarily or for a stated period of time, such person may request review of the decision by the college president or designee. The request must be made in writing within ten calendar days of receiving the trespass notice and must explain why the person disagrees with the trespass decision. The trespass notice will remain in effect pending administrative review. The administrative decision should be issued within five business days and will constitute the final decision of the college.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 20-15-042, § 132Z-110-050, filed 7/8/20, effective 8/8/20.

Chapter 132Z-112 Student rights and responsibilities.

Wash. Admin. Code § 132Z-112-010 Values pursuant to student rights and responsibilities.

Cascadia Community College, a state supported institution of higher education is a learning-centered college, maintained for the purpose of providing all learners knowledge and skills for the achievement of their academic, professional, technical, and personal goals. As a public institution of higher education, the college also exists to provide students with the capacity for critical judgment and an independent search for truth toward both optimal individual development and the well being of the entire learning community.

Inherent in the college's mission, vision, and goals are certain rights and freedoms which provide to students the support and respect needed for learning and personal development. Admission to Cascadia Community College provides these rights to students but also assumes that students accept the responsibility to conduct themselves in a manner that does not interfere with the purposes of the college in providing education for all of its learners.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-010, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. WSR 00-20-037, § 132Z-112-010, filed 9/28/00, effective 10/29/00.
Wash. Admin. Code § 132Z-112-020 Freedom of inquiry and expression.

As a public institution of higher education in the state of Washington, Cascadia Community College recognizes and supports the following principles regarding freedom of expression.

Individual freedom of expression is a fundamental tenet of any free and democratic society.

Freedom of expression shall be interpreted to include all forms of written and oral expression, and all forms of dramatic and artistic expression.

The college is dedicated to upholding the individual freedom of expression as it is protected by the First Amendment to the Constitution of the United States and that no act shall be undertaken by the college to abridge that freedom.

As an institution dedicated to freedom of thought and expression, the college shall support expression of divergent viewpoints in order to foster broad-mindedness and a willingness to learn from others.

In keeping with these principles and the college's right to place reasonable restraints on the time, place and manner of expression, the college shall observe the following general guidelines and appropriate general procedures to ensure the responsible exercise of freedom of expression.

(1) Freedom of expression. It is the right of any member of the college community to express any point of view and to be free from harassment in such expression. It is the responsibility of those expressing opinions to respect the rights and property of others, to refrain from disrupting the normal operations of the college and to maintain lawful conduct.

The right of free speech and expression does not include activity that may endanger the safety of any member of this college community or visitors, or damage any of the facilities. Moreover, modes of expression (including electronic transmissions) that are unlawful or indecent or that are grossly offensive on matters such as race, color, national and ethnic origin, religion, sexual orientation, gender, age, disability, or veteran status are inconsistent with accepted norms of conduct of the college and are subject to the sanctions described in the Code of student conduct and disciplinary procedures (chapter 132Z-115 WAC).

(2) Sponsoring organizations. It is the right of all recognized college organizations and units to sponsor lecturers, entertainers, or exhibitions of their choice as approved by the college. It is the responsibility of the sponsoring organization or unit to make adequate preparation as deemed necessary by the college for the orderly conduct of such events.

(3) Campus speakers. Student organizations officially recognized by the college may invite speakers to the campus to address their own membership and other interested students and employees if suitable space is available and there is no interference with the regularly scheduled program of the college. Although properly allowed by the college, the appearance of such speakers on the campus implies neither approval nor disapproval of them or their viewpoints. In the case of speakers who are candidates for political office, equal opportunities shall be available to opposing candidates if desired by them. Political candidates seeking to use facilities to discuss campaign issues with nonstudents shall pay normal facility rental fees. Speakers are subject to the normal considerations for law and order and to the specific limitations imposed by the state constitution, which prohibits state support for religious worship, exercise or instruction.

In order to ensure an atmosphere of open exchange and to ensure that the educational objectives of the college are not obscured, the president, in a case attended by strong emotional feeling, may prescribe conditions for the conduct of the meeting, such as requiring that a designated member of the faculty serve as chair, or requiring permission for comments and questions from the floor. Likewise, the president may encourage the appearance of one or more additional speakers at any meeting or at a subsequent meeting so that other points of view may be expressed. The president may designate representatives to recommend conditions such as time, manner, and place for the conduct of particular meetings.

(4) Audiences. It is the right of all members of the college community to attend any public event sponsored by any recognized campus organization or unit, once applicable admission fees have been paid. It is the responsibility of all who attend such events to respect the rights and property of others.

(5) Facilities. It is the right of any recognized campus organization or unit to schedule the use of appropriate college facilities free from discrimination on the basis of viewpoints to be expressed at the event; it is the responsibility of such an organization or unit to provide sufficient evidence to the college administration that adequate provision has been made for the health, safety and welfare of the general public.

(6) Distribution of information. Handbills, leaflets, newspapers and similar materials may be sold or distributed free of charge by any student or students, or by members of recognized student organizations, or by college employees during their off-work hours on or in college facilities at locations specifically designated by the director of communications and marketing provided such distribution or sale does not interfere with the ingress or egress of persons or interfere with the free flow of vehicular or pedestrian traffic.

Such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual.

All nonstudents shall register with the director of communications and marketing prior to the distribution of any handbill, leaflet, newspaper or related matter. Such distribution or sale must not interfere with the free flow of vehicular or pedestrian traffic.

Any person or persons who violates these provisions will be subject to disciplinary action.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-020, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. WSR 00-20-037, § 132Z-112-020, filed 9/28/00, effective 10/29/00.
Wash. Admin. Code § 132Z-112-030 Student records—Family educational rights and privacy.

Cascadia Community College implements this policy in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. & 1232g) and its implementing regulation (34 C.F.R. § 99). The act requires Cascadia Community College to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information and to notify the student of these rights.

(1) Definitions. For the purposes of this policy, the following definitions of terms apply:

(a) "Student" means any individual who is or has been in attendance at Cascadia Community College and for whom the college maintains education records.

(b) "Education records" are defined as those records, files and documents (in handwriting, print, tapes, film, microfiche or other medium) maintained by Cascadia Community College, which contain information directly related to the individual student. Education records include only the following:

(i) Records pertaining to admission, advisement, registration, grading, and progress toward a degree.

(ii) Assessment information used for advisement purposes.

(iii) Information concerning payment of fees.

(iv) Financial aid information.

(v) Information regarding students participating in student government or athletics.

(c) "Directory Information" means the student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Directory information may be disclosed at the discretion of the college and without the consent of the student unless he or she elects to prevent disclosure as provided for in this chapter.

(d) "Written consent" means a written authorization for disclosure of student education records which:

(i) Is signed;

(ii) Is dated;

(iii) Specifies the records to be disclosed; and

(iv) Specifies to whom disclosure is authorized.

(e) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s), or other family members; a personal identifier such as the student's Social Security number or student number; or a list of personal characteristics which would make the student's identity easily traceable.

(2) Annual notification of rights. Cascadia Community College will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publication in the college catalog and schedule of classes. The college shall make available upon request a copy of the policy governing release of student records.

(3) Procedure to inspect education records.

(a) Students may inspect and review their education records upon request to the vice president for student success.

(b) Students must submit to the vice president a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

(c) The vice president for student success or designee will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given within forty-five days or less from the receipt of the request.

(4) Disclosure of education records.

(a) In addition to "directory information," the college may, at its discretion, make disclosures from education records of students to the following listed parties:

(i) College officials, including administrative, clerical staff and faculty. Access or release of records to the above is permissible only when the information is required for advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consistent with their specific duties and responsibilities;

(ii) Officials of another school in which the student seeks or intends to enroll;

(iii) Authorized federal, state, or local officials as required by law;

(iv) Authorized parties in connection with financial aid for which the student has applied or received;

(v) Appropriate parties in a health or safety emergency;

(vi) Accrediting organizations to carry out their functions; and

(vii) To comply with a judicial order or a lawfully issued subpoena.

(b) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the above.

(c) Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student. The college is not precluded from permitting third-party disclosure to other parties listed in (a)(i) through (vii) of this subsection.

(5) Limits on rights to review and inspect and obtain copies of education records.

(a) When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

(b) Cascadia Community College reserves the right to refuse to permit a student to inspect the following records:

(i) The financial statement of the student's parents;

(ii) Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975;

(iii) Records connected with an application to attend Cascadia Community College if that application was denied; and

(iv) Those records which are excluded from the Federal Rights and Privacy Act definition of education records.

(c) Cascadia Community College reserves the right to deny transcripts or copies of records not required to be made available by the Federal Educational Rights and Privacy Act in any of the following situations:

(i) The student has an unpaid financial obligation to the college;

(ii) There is an unresolved disciplinary action against the student.

(6) Record of request and disclosures.

(a) The college shall maintain a record of requests for and disclosures of personally identifiable information in the education records of each student. The record maintained under this section shall be available for inspection and review.

(b) The college shall maintain the record with the education records of the student as long as the records are maintained.

(c) The disclosure record must include:

(i) The names of parties who have received personally identifiable information;

(ii) The interest the parties had in requesting or obtaining the information; and

(iii) The names and interests of additional parties to which the reviewing educational agency or institution may disclose or redisclose the information.

(d) The following parties may inspect the record of requests and disclosures relating to a student:

(i) The student;

(ii) The college officials who are responsible for the custody of the records; and

(iii) Persons authorized to audit the recordkeeping procedures of the college.

(e) The college is not required to maintain a record if the request was from, or the disclosure was to:

(i) The student;

(ii) A school official;

(iii) A party with written consent from the student; or

(iv) A party seeking directory information.

(7) Disclosure of directory information. Directory information may be disclosed at the discretion of the college and without the consent of the student unless the student elects to prevent disclosure by filing a written request to prevent disclosure. The request continues in effect according to its terms unless it is revoked in writing by the student.

(8) Requests for corrections, hearings, adding statements to education records. Students have the right to request to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

(a) A student must submit a written request to amend his or her education record to the vice president for student success or designee. The request must identify the part of the record he/she wants changed and specify why the record is believed to be inaccurate, misleading or in violation of his or her privacy or other rights.

(b) The vice president for student success or designee will forward the request to the appropriate college official for determination.

(c) A student whose request for amendment of his or her education record has been denied may request a hearing by submitting a written request to the vice president for student success within ten days following the denial. The written request must be signed by the student and shall indicate the reasons why the records should be amended. The vice president for student success or designee shall convene a hearing to include the student and the appropriate college official, and shall notify the student of the hearing within thirty days after receipt of a properly filed request. In no case will the notification be less than ten days in advance of the date, time and place of the hearing.

(d) The hearing shall be a brief adjudicative proceeding as provided in RCW 34.05.482 and 34.05.485 through RCW 34.05.494 and shall be conducted by the vice president for student success or designee. At the hearing, the student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records.

(e) The vice president for student success or designee will prepare a written decision, within thirty days after the conclusion of the hearing, based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision. A copy of the decision shall be made available to the student.

(f) If the vice president for student success or designee decides the information is inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will amend the record and notify the student, in writing, that the record has been amended.

(g) If the vice president for student success or designee decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, he/she will notify the student in writing that the student has a right to place in the record a rebuttal statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

(h) The student's rebuttal statement will be maintained as part of the student's education records as long as the contested portion is maintained. If the contested portion of the education record is disclosed, the statement will also be disclosed.

(9) Fees for copies. Copies of student records shall be made at the expense of the requesting party at actual cost for copying as posted at the admissions/records office.

(10) Waiver. A student may waive any of his or her rights under this chapter by submitting a written, signed, and dated waiver to the office of the vice president for student success. Such a waiver shall be specific as to the records and persons or institutions covered. A waiver continues in effect according to its terms unless revoked in writing which is signed and dated.

(11) Type and location of education records.

TypesCustodian
Admission recordsVice president for student success or designee
Cumulative academic records, testing records, registration and payment of tuition recordsVice president for student success or designee
Student governmentVice president for student learning or designee
Participation records in student governmentVice president for student learning or designee
Financial aid recordsVice president for student success or designee
Student employment recordsDirector of human resources
Athletic participation recordsVice president for student success or designee

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-030, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. WSR 00-20-037, § 132Z-112-030, filed 9/28/00, effective 10/29/00.
Wash. Admin. Code § 132Z-112-040 Financial assistance for students—Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships at Cascadia Community College is located in the office of student financial services on the Cascadia Community College campus.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-040, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. WSR 00-20-037, § 132Z-112-040, filed 9/28/00, effective 10/29/00.
Wash. Admin. Code § 132Z-112-050 Financial assistance for students—Financial aid.

Federal, state, and private financial aid applications and information may be obtained at the following address:

Student Financial Services Office

Cascadia Community College

18345 Campus Way N.E.

Bothell, WA 98011

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-050, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. WSR 00-20-037, § 132Z-112-050, filed 9/28/00, effective 10/29/00.
Wash. Admin. Code § 132Z-112-060 Student rights.

Cascadia Community College endorses the following rights for each student within the limitations of statutory law and college policy, which are deemed necessary to achieve the mission, values and learning outcomes of the college.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-060, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-070 Academic freedom.

Students are guaranteed rights of free inquiry, expression and peaceful assembly upon and within college facilities that are generally open and available to the public.

Students are free to pursue appropriate learning objectives from among the college's curricula, programs and services, subject to the limitations of RCW 28B.50.090 (3)(b).

Students have the right to a learning environment, which is free from unlawful discrimination and sexual harassment.

Students are protected from academic evaluation, which is arbitrary, prejudice or capricious, and are responsible for meeting the standards of academic performance established by each of their instructions.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-070, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-080 Nondiscrimination.

Students have the right not to be discriminated against on the basis of age, color, creed, disability, gender, marital status, national origin or ancestry, race, religion, sexual orientation or veteran status.

Students who believe they have been discriminated against are encouraged to follow the Cascadia conflict resolution procedure described herein.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-080, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-090 Due process.

Students have the right to due process. No disciplinary action may be imposed without notice to the accused of the nature of the charges. A student accused of violating code of conduct is entitled to procedural due process as set forth in these provisions.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-090, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-100 Right of assembly.

Students have the right of assembly upon college facilities that are generally available to the public provided such assemblies:

(1) Are conducted in an orderly manner;

(2) Do not unreasonably interfere with vehicular or pedestrian traffic;

(3) Do not unreasonably interfere with classes, scheduled meetings or ceremonies, or regular functions of the college;

(4) Do not cause destruction or damage to college property.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-100, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-110 Conflict resolution.

Students have the right to express and resolve misunderstandings, alleged violation of a college policy, procedure or regulation or alleged inequitable treatment, or retaliation according to the stated conflict resolution procedures set forth in these provisions.

Conflict resolution procedure.

The purpose of the student conflict resolution procedure is to provide each student with an informal or formal option to express and resolve any misunderstanding and to address the perception of unfair treatment by a faculty member, or member of the college staff. First, the student may follow an informal procedure. Second, if the informal procedure does not resolve the issue/concern, the student may initiate a formal procedure and request a hearing before the conflict resolution council.

The student may waive his or her right to have the matter resolved informally. In either case, the student must initiate proceedings with the college within twenty days of the occurrence which gave rise to the concern/issue. The conflict resolution procedure promotes constructive dialogue and understanding. Most concerns/issues are resolved by direct, courteous and respectful communication.

Concerns/issues excluded: Students may not use this process for resolving disciplinary outcomes of summary suspension or other disciplinary procedures; grade appeals; for challenging federal and state laws; or those rules and regulations, policies and procedures adopted by the college, and/or the state board for community and technical colleges.

Students should follow the following conflict resolution procedure to resolve concerns/issues as described in the purpose section:

Informal conflict resolution procedure.

A student who believes a college faculty or staff member has treated him or her unfairly or has a concern/issue shall first discuss it directly with the individual. The purpose of this discussion should be to clarify the perceived concern/issue and request specific action.

If the concern/issue is not resolved or if the student is apprehensive about talking directly with the staff or faculty member involved, the student may request an appointment with the appropriate dean for student learning for issues relating to classroom instruction, or administrator or designee for issues relating to staff. The dean or administrator may act as a mediator to resolve the concern/issue in a prompt and fair manner.

Formal conflict resolution procedure.

(1) In the event resolution is not achieved through the informal procedure, the student may initiate a formal procedure by writing a letter to the appropriate dean for student learning for issues related to classroom instruction or the appropriate unit administrator or designee for issues related to staff within twenty working days after the incident. The letter must include a:

• Detailed description of the issue/concern, including dates and times;

• Summary of the actions taken by the student to resolve the concern/issue; and

• Proposed solution.

(2) The appropriate unit administrator or designee shall attempt to resolve the concern/issue by:

Serving as an intermediary between the student and the faculty or staff member and after a review of the facts of the situation and talking with the appropriate faculty or staff involved, the unit administrator or designee will decide how to best resolve the issue/concern promptly and fairly.

The unit administrator or designee handling the case will notify the student in writing of the decision within ten working days.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-110, filed 2/17/05, effective 3/20/05.
Wash. Admin. Code § 132Z-112-120 Student responsibilities.

Students who choose to attend Cascadia Community College also choose to actively participate in the learning process offered by the college. The college is responsible for providing an educational environment rich in the high quality resources needed by students to attain their learning outcomes and achieve their educational goals. In return, the college has the expectation that each student will assume the responsibility to:

• Become knowledgeable of the college's mission, values and vision; adhere to policies, practices, procedures, and rules of the college and its departments;

• Practice personal and academic integrity;

• Respect the dignity, rights and property of all persons;

• Strive to learn from difference in people, ideas and opinions;

• Participate actively in the learning process, both in and out of the classroom;

• Participate actively in the advising process;

• Refrain from and discourage behaviors that undermine the respect all Cascadia community members deserve;

• Abide by the standards set forth in the student right and responsibilities.

History

  • Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-112-120, filed 2/17/05, effective 3/20/05.

Chapter 132Z-115 Student conduct code.

Wash. Admin. Code § 132Z-115-006 Authority—Jurisdiction.

(1) This student conduct code is adopted by the governing board of Cascadia College as authorized under RCW 28B.50.140. Authority is hereby delegated to the college president and administrative officers to administer and enforce the provisions of this code.

(2) The student conduct code shall apply to conduct by students and student groups that occurs:

(a) On college premises; or

(b) At or in connection with college-sponsored activities; or

(c) To off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives.

(3) Jurisdiction extends to, but is not limited to, locations in which students or student groups are engaged in official college activities including, but not limited to, foreign or domestic travel, activities funded by the associated students, athletic events, training internships, cooperative and distance education, on-line education, practicums, supervised work experiences, or any other college-sanctioned social or club activities and college-sanctioned housing.

(4) Students are responsible for their conduct from notification of admission to the college through the actual receipt of a certificate or degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.

(5) These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending.

(6) The student conduct officer has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct by students or student groups that occurs off-campus.

(7) In addition to initiating disciplinary proceedings for violation of the student conduct code, the college may refer any violations of federal, state, or local laws to civil and criminal authorities for disposition. The college reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

(8) Nothing in this student code shall be construed as authorizing the college to prohibit or to discipline speech or other conduct that is protected by law or constitutional right.

History

  • Statutory Authority: RCW 28B.50.140(13). WSR 25-03-132, s 132Z-115-006, filed 1/21/25, effective 2/21/25. Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-006, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-015 Definitions.

The following definitions shall apply for purposes of this student conduct code:

(1) College premises. "College premises" shall include all campuses and electronic presences of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, computer systems, websites, and other property owned, used, or controlled by the college.

(2) Complainant. A "complainant" for purposes of this student code means any person who is the alleged victim of prohibited student conduct, whether or not such person has made an actual complaint.

(3) Conduct officer. The "conduct officer" or "student conduct officer" is the college official designated by the college to be responsible for initiating disciplinary action for alleged violations of this code.

(4) Conduct review officer. The "conduct review officer" is the college official designated by the college to hear appeals of disciplinary action conducted as brief adjudicative proceedings and to enter final decisions in proceedings heard by the student conduct committee.

(5) Day. The term "day," unless otherwise qualified, means "calendar day." The qualified term "instructional day" means any day within an academic term that the college is open for business, excluding weekends and holidays.

(6) Disciplinary action. The term "disciplinary action" means the decision of the designated college official regarding alleged violations of the student code and includes any disciplinary sanction imposed for such violations. Disciplinary action does not include a summary suspension.

(7) Filing and service.

(a) Filing. The term "filing" means the delivery to the designated college official of any document that is required to be filed under this code. A document is filed by hand-delivering it or by mailing it to the college official (or the official's assistant) at the official's office address. Filing is complete upon actual receipt during office hours at the office of the designated official.

(b) Service. The term "service" means the delivery to a party of any document that is required to be served under this code. A document is served by hand-delivering it to the party or by mailing it to the party's address of record. Service is complete when the document is hand-delivered or actually deposited in the mail.

(c) Electronic filing and service. Unless otherwise provided, filing or service may be accomplished by electronic mail.

(8) Party. A "party" to a disciplinary proceeding under this code includes the student conduct officer and the student respondent, as well as any complainant in a proceeding involving allegations of sexual misconduct.

(9) Preponderance of evidence. The term "preponderance of the evidence" is a standard of proof requiring that facts alleged as constituting a violation of this code must be proved on a more likely than not basis.

(10) Respondent. A "respondent" is a student against whom disciplinary action is initiated.

(11) Service. See "Filing and service."

(12) Student. The term "student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. The term includes prospective students who have been accepted for admission or registration, currently enrolled students who withdraw before the end of a term, and students, including former students, who engage in prohibited conduct between terms of actual enrollment or before the awarding of a degree or other certificate of completion.

(13) Student group. A student group for purposes of this code, is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing.

(14) Vice president. The term "vice president" means the chief student affairs officer of the college and includes any acting or interim vice president and any other college official designated by the president to perform the functions and duties of the vice president under this student code.

History

  • Statutory Authority: RCW 28B.50.140(13). WSR 25-03-132, s 132Z-115-015, filed 1/21/25, effective 2/21/25. Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-015, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-025 Prohibited student conduct.

Prohibited student conduct includes engaging in, attempting to engage in, or encouraging or assisting another person to engage in, any of the conduct set forth in this section. As applicable, the term "conduct" includes acts performed by electronic means. The term "includes" or "including" as used in this section means "without limitation."

(1) Academic dishonesty. The term "academic dishonesty" includes cheating, plagiarism, and fabrication.

(a) Cheating. Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment, including collaboration without authority.

(b) Plagiarism. Plagiarism includes taking and using as one's own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

(c) Fabrication. Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an academic assignment.

(2) Alcohol, drug, and tobacco violations.

(a) Alcohol. An "alcohol violation" includes using, possessing, delivering, selling, or being under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.

(b) Cannabis. A "cannabis violation" includes using, possessing, delivering, selling, or being under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form. While state law permits the recreational use of cannabis, federal law prohibits any possession or use of cannabis on college premises or in connection with college activities.

(c) Drug. A "drug violation" includes using, possessing, delivering, selling, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner. The abuse, misuse, or unlawful sale or distribution of prescription or over-the-counter medications may also constitute a drug violation.

(d) Tobacco. A "tobacco violation" means smoking or using tobacco products, electronic smoking devices (including e-cigarettes or vape pens), or other smoking devices in any area of college premises where smoking or tobacco use is prohibited in accordance with public law and college policy.

(3) College policy violations. The term "policy violation" means the violation of any applicable law or college policy governing the conduct of students as members of the college community, including college policies governing nondiscrimination, alcohol and drugs, computer use, copyright, and parking and traffic.

(4) Disruptive or obstructive conduct. The term "disruptive" or "obstructive conduct" means conduct, not protected by law, that interferes with, impedes, or otherwise unreasonably hinders the normal teaching, learning, research, administrative, or other functions, procedures, services, programs, or activities of the college. The term includes disorderly conduct, breach of the peace, violation of local or college noise policies, lewd or obscene conduct, obstruction of pedestrian or vehicular traffic, tampering with student election processes, or interfering with the orderly conduct of college investigations or disciplinary proceedings, including interfering with or retaliating against any complainant, witness, or other participant.

(5) Ethics violations. An "ethics violation" includes the breach of any applicable code of ethics or standard of professional practice governing the conduct of a profession for which the student is studying to be licensed or certified. The term also includes the violation of any state law or college policy relating to the ethical use of college resources.

(6) Failure to comply. The term "failure to comply" means refusing to obey the lawful directive of a college official or authorized college body, including a failure to identify oneself upon request, refusing to comply with a disciplinary sanction, or violating any no-contact or other protective order.

(7) False or deceptive conduct. The term "false" or "deceptive conduct" means dishonest conduct (other than academic dishonesty) that includes forgery, altering or falsifying of college records, furnishing false or misleading information to the college, falsely claiming an academic credential, or falsely accusing any person of misconduct.

(8) Harassment. The term "harassment" means unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit the ability of a student to participate in or benefit from the college's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s). Protected status includes a person's actual or perceived race, color, national origin, gender, disability, or other status protected by law. See "sexual misconduct" for the definition of "sexual harassment."

(9) Hazing.

(a) Hazing is any act committed as part of:

(i) A person's recruitment, initiation, pledging, admission into, or affiliation with a student group; or

(ii) Any pastime or amusement engaged in with respect to such a student group.

(b) Any act that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student.

(c) Examples of hazing include, but are not limited to:

(i) Causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm;

(ii) Humiliation by ritual act;

(iii) Striking another person with an object or body part;

(iv) Causing someone to experience excessive fatigue, or physical and/or psychological shock; or

(v) Causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm.

(d) Hazing does not include customary athletic events or other similar contests or competitions.

(e) Consent is not a valid defense against hazing.

(10) Personal offenses. The term "personal offense" is an offense against the safety or security of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy, or other similar conduct that harms any person, or that is reasonably perceived as threatening the health or safety of any person, or that has the purpose or effect of unlawfully interfering with any person's rights. The term includes personal offenses committed by electronic means.

(11) Property violations. The term "property violation" includes the theft, misappropriation, unauthorized use or possession, vandalism, or other nonaccidental damaging or destruction of college property or the property of another person. Property for purposes of this subsection includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

(12) Retaliation. The term "retaliation" means harming, threatening, intimidating, coercing or taking adverse action of any kind against a person because such person reported an alleged violation of this code or other college policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a college investigation or disciplinary proceeding.

(13) Safety violations. The term "safety violation" includes any nonaccidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.

(14) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence.

(a) Sexual harassment. The term "sexual harassment" means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, based on sex, the ability of a student to participate in or benefit from the college's educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s).

(b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and means threatening or emotionally distressing conduct based on sex, including stalking (or cyberstalking), voyeurism, indecent exposure, or the nonconsensual recording of sexual activity or distribution of such recording. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person's safety or the safety of others, or to suffer substantial emotional distress.

(c) Sexual violence. The term "sexual violence" incorporates the definition of "sexual harassment" and means a physical sexual act perpetrated against a person's will or where the person is incapable of giving consent, including rape, sexual assault, sexual battery, and sexual coercion. The term further includes acts of dating or domestic violence. A person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, unconsciousness, or other cause.

(15) Unauthorized access. The term "unauthorized access" means gaining entry without permission to any restricted area or property of the college or the property of another person, including any facility, computer system, email account, or electronic or paper files. Unauthorized access includes computer hacking and the unauthorized possession or sharing of any restricted means of gaining access, including keys, keycards, passwords, or access codes.

(16) Weapons violations. A "weapons violation" includes the possession, display, or use of any firearm, explosive, dangerous chemical, knife, or other instrument capable of inflicting serious bodily harm in circumstances that are reasonably perceived as causing alarm for the safety of any person. The term "weapons violation" includes any threat to use a weapon to harm any person and the use of any fake weapon or replica to cause the apprehension of harm. The term further includes the possession on college premises of any firearm or other dangerous weapon in violation of public law or college policy, but does not include the lawful possession of any personal protection spray device authorized under RCW 9.91.160.

History

  • Statutory Authority: RCW 28B.50.140(13). WSR 25-03-132, s 132Z-115-025, filed 1/21/25, effective 2/21/25. Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-025, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-028 Hazing prohibited—Sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132Z-115-025(9).

(2) No student may conspire to engage in hazing or participate in hazing of another. State law provides that hazing is a criminal offense, punishable as a misdemeanor.

(3) Washington state law provides that:

(a) Any student group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

(b) Any person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the college.

(c) Student groups that knowingly permit 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.

(d) Student groups found responsible for violating the code of student conduct, college antihazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual assault, or physical assault will be disclosed in a public report issued by the college setting forth the name of the student group, the date the investigation began, the date the investigation ended, a finding of responsibility, a description of the incident(s) giving rise to the finding, and the details of the sanction(s) imposed.

History

  • Statutory Authority: RCW 28B.50.140(13). WSR 25-03-132, s 132Z-115-028, filed 1/21/25, effective 2/21/25.
Wash. Admin. Code § 132Z-115-035 Disciplinary sanctions.

The college may impose any of the following disciplinary sanctions for violations of this student code. Violations must be proved by a preponderance of the evidence.

(1) Conduct reprimand. A "conduct reprimand" is a written notice formally censuring a student for a student code violation and providing notice that a repeated violation will subject the student to more severe disciplinary action.

(2) Conduct probation.

(a) The term "conduct probation" means a specified period of time during which a student's continued enrollment will be conditioned on the student's compliance with specified requirements or restrictions. The probation may be for a limited term or may extend for the duration of the student's attendance at the college, depending on the nature and seriousness of the code violation(s).

(b) Conditions placed on a student's continued enrollment may include, without limitation, any one or more of the following requirements or restrictions:

(i) Compliance with applicable standards of conduct under the student code and college policies;

(ii) Restitution, defined as payment of compensation for damage or loss caused to the college or any person as a result of the student's misconduct, or the assessment of such fines as may be authorized under specific college policies for violations of those policies;

(iii) Restrictions on the student's contact with specified individuals or groups, which may include an order that the student refrain from having any communication with the specified persons;

(iv) Restrictions on the student's access to specified college premises and/or limitations on the student's participation in college activities;

(v) A requirement that the student receive education or participate in training relating to the student's misconduct, which may include other educational sanctions assigned for the purpose of facilitating student development and learning as deemed appropriate to the offense;

(vi) A requirement that the student be professionally evaluated by a qualified health care provider who is approved by the college and who is authorized by the student to discuss the evaluation with designated college officials, together with a requirement that the student comply with treatment recommendations relating to the student's ability to maintain appropriate standards of conduct.

(c) A student's failure to comply with the conditions of the conduct probation may result in further disciplinary action including, but not limited to, disciplinary suspension or permanent dismissal.

(3) Conduct suspension. A "conduct suspension" means a temporary dismissal from the college and the suspension of student status for a specified period of time with no refund of tuition or fees. Reenrollment following a disciplinary suspension may be conditioned on any of the requirements or restrictions that may apply to a conduct probation.

(4) Conduct dismissal. The term "conduct dismissal" means permanent expulsion from the college with no refund of tuition or fees and may include an order trespassing the student from college premises. A sanction of conduct dismissal shall be recorded on the student's academic transcript.

(5) Other sanctions. The following additional sanctions for student code violations may be imposed as required or permitted by law or college policy.

(a) Athletics eligibility. A student athlete found in violation of WAC 132Z-115-025 (2)(c), relating to drug violations, shall be ineligible to participate in college athletics pursuant to RCW 69.41.340.

(b) Parental notification. The college reserves the right to inform a student's parent(s) or legal guardian(s) of the student's misconduct to the extent permitted by applicable law.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-035, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-043 Disciplinary action—Initiation.

(1) The student conduct officer will initiate disciplinary action by serving the student respondent with written notice of an initial disciplinary meeting. The notice shall briefly describe the factual allegations, the specific conduct code provision(s) the respondent is alleged to have violated, and the range of possible sanctions for such violations(s).

(2) At the disciplinary meeting, the student conduct officer will review the allegations with the respondent and will afford the respondent an opportunity to respond. If the respondent fails to attend or participate in the meeting, the conduct officer may take disciplinary action based on the available information.

(3) In a proceeding involving allegations of sexual misconduct, the student conduct officer prior to taking disciplinary action will afford the complainant an opportunity to discuss the results of any investigation and the possible sanctions and/or conditions that could be imposed for the complainant's protection if the sexual misconduct allegations are found to be substantiated.

(4) The student conduct officer may take any of the following disciplinary actions:

(a) The conduct officer may dismiss the proceeding upon finding the allegations to be unsubstantiated and after providing any appropriate counseling or warnings. Such action shall be final and not subject to appeal or further review, except as provided in proceedings involving allegations of sexual misconduct.

(b) If the allegations are found to be substantiated, the conduct officer may impose any of the disciplinary sanctions authorized under WAC 132Z-115-035. Such sanction(s) shall be subject to review on appeal as provided in this student code.

(c) The conduct officer may refer the matter for disciplinary action by the student conduct committee. Such referral shall be in writing, to the attention of the committee chair, with a copy served on the respondent (and any complainant in a proceeding involving allegations of sexual misconduct). The decision to refer shall not be subject to appeal or further review.

(5) Within ten days of the initial disciplinary meeting, the conduct officer will serve the respondent (and any complainant in a proceeding involving sexual misconduct allegations) with a written decision either dismissing or referring the matter or imposing disciplinary sanctions. If sanctions are imposed, the decision will specify the conduct code provision(s) found to have been violated, will describe the facts and conclusions supporting the sanction(s), and will provide notice of any appeal rights.

(6) In a proceeding involving sexual misconduct allegations, the decision will state whether such allegations were substantiated and will describe any sanctions or conditions imposed for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct allegations.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-043, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-045 Appeal and review procedures—General.

The following general rules apply to appeals or requests for further administrative review of disciplinary action at any stage of a student disciplinary proceeding.

(1) Parties. The parties to an appeal or review proceeding shall be the respondent, any complainant in a proceeding involving sexual misconduct allegations, and the student conduct officer.

(2) Filing of appeals.

(a) Appeal periods. An appeal or request for review of disciplinary action must be filed with the designated college official within the applicable time period as further specified in these rules.

(b) Contents of appeal. A party's written notice of appeal or request for review must explain why the party disagrees with the disciplinary decision and what relief or remedy the party is requesting.

(c) Failure to appeal. The failure of a party to file a timely appeal or request for review at any stage of the proceeding waives that party's right to appeal. However, in a proceeding involving sexual misconduct allegations, if any party appeals, the college official receiving the appeal or request for review will notify the other parties and will afford each party the opportunity to participate in the appeal or review proceeding.

(3) Effect of appeal – Stay. The implementation of disciplinary action imposing a conduct suspension of any length or imposing a conduct expulsion shall be stayed pending the time for filing an appeal and the conclusion of disciplinary proceedings. Other disciplinary sanctions shall not be stayed.

(4) Reviewing authority.

(a) Appeals of disciplinary action taken by the student conduct officer will be heard by the conduct review officer or student conduct committee as further provided in these rules.

(b) Appeals of disciplinary action taken by the conduct review officer in a brief adjudicative proceeding will be heard by the vice president (or designee) as further provided in these rules.

(c) Disciplinary action recommended by the student conduct committee will be heard by the conduct review officer as further provided in these rules.

(5) Ex parte communications. Reviewing authorities (the conduct review officer, student conduct committee members, and vice president) may not communicate with any of the parties regarding an appeal without providing notice and an opportunity for all parties to participate.

(6) Disqualification. Reviewing authorities may not participate in a proceeding in which they:

(a) Are a complainant or witness;

(b) Have a direct or personal interest, prejudice, or bias; or

(c) Have acted previously in another capacity.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-045, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-053 Disciplinary action—Appeals.

(1) Respondent. The student respondent may appeal the disciplinary action of the student conduct officer in accordance with the following rules:

(a) The respondent may appeal disciplinary action imposing a conduct reprimand, conduct probation, or conduct suspension not in excess of ten days by filing a written notice of appeal with the conduct review officer within ten days of service of the disciplinary decision.

(b) The respondent may appeal disciplinary action imposing a conduct suspension in excess of ten days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within twenty days of service of the disciplinary decision.

(2) Complainant. The complainant in a proceeding involving sexual misconduct allegations may appeal the disciplinary action of the student conduct officer with respect to such allegations in accordance with the following rules:

(a) The complainant may appeal disciplinary action dismissing the proceeding or imposing a conduct reprimand, conduct probation, or conduct suspension not in excess of ten days by filing a written notice of appeal with the conduct review officer within ten days of service of the disciplinary decision.

(b) The complainant may appeal disciplinary action imposing a conduct suspension in excess of ten days or a conduct dismissal by filing a written notice of appeal with the conduct review officer within twenty days of service of the disciplinary decision.

(3) If no appeal is filed within the applicable time period, the disciplinary action of the student conduct officer shall be final.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-053, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-055 Conduct review hearings—Initial decision.

(1) Conduct review officer – Authority.

(a) The conduct review officer will hear a respondent's appeal of disciplinary action imposing a conduct reprimand, conduct probation, or conduct suspension not in excess of ten days.

(b) In a proceeding involving sexual misconduct allegations, the conduct review officer will hear a complainant's appeal of disciplinary action dismissing the sexual misconduct allegations or imposing, with respect to such allegations, a conduct reprimand, conduct probation, or conduct suspension not in excess of ten days.

(c) The conduct review officer shall have the same authority as the student conduct officer to dismiss a proceeding, to impose a disciplinary sanction of conduct reprimand, conduct probation, or conduct suspension not in excess of ten days, or to refer the matter for disciplinary action by the student conduct committee.

(2) Appeal hearing. Appeals heard by the conduct review officer will be conducted as informal administrative hearings consistent with the rules for "brief adjudicative proceedings" under RCW 34.05.482 and WAC 132Z-108-050. The review officer shall provide each party an opportunity to explain the party's view of the matter.

(3) Initial decision – Service.

(a) Within ten days of consideration of the appeal, the conduct review officer will serve an initial decision upon the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct allegations. The initial decision will explain the reasons for the decision and will provide notice of any right to request further administrative review.

(b) In a proceeding involving sexual misconduct allegations, the initial decision will explain the reasons for modifying any disciplinary action taken with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct allegations.

(c) A decision by the conduct review officer to refer the appeal to the student conduct committee is not subject to further administrative review.

(4) Initial decision – Request for review. The respondent (or any complainant) may request administrative review of the initial decision by filing a written request for review with the vice president within twenty-one days of service of the initial decision. If no request for review is filed, the initial decision of the conduct review officer shall be final.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-055, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-065 Conduct review hearings—Review of initial decision.

(1) Requests for review of the initial decision of the conduct review officer will be heard by the vice president (or designee). The vice president shall have the same authority on review as the conduct review officer to take disciplinary action.

(2) The vice president will review the hearing record and will afford the parties the opportunity to file written statements explaining their views of the matter. The vice president may make any inquiries necessary to ascertain whether the proceeding should be referred to the student conduct committee for a formal hearing.

(3) Within twenty days of the date for the parties to submit written statements, the vice president will serve a written review decision upon the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct allegations. The review decision will explain the reasons for the decision and will provide a notice that judicial review may be available.

(4) In a proceeding involving sexual misconduct allegations, the review decision will explain the reasons for modifying any disciplinary action taken with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct allegations.

(5) The review decision of the vice president (or designee) shall be final.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-065, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-073 Student conduct committee.

(1) The student conduct committee shall consist of three members appointed by the president in consultation with student and faculty leadership:

(a) A full-time student;

(b) A full-time faculty member; and

(c) A full-time exempt administrative staff member who shall serve as chair of the committee.

(2) The student conduct committee will hear appeals of disciplinary action imposing a conduct suspension in excess of ten days or a conduct dismissal. The committee will hear such other matters as may be referred to the committee by the student conduct officer, conduct review officer, or vice president. The committee shall have the authority to recommend dismissing a proceeding or to recommend imposing any of the disciplinary sanctions under WAC 132Z-115-035.

(3) Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act (chapter 34.05 RCW) and by the model rules of procedure (chapter 10-08 WAC), as supplemented by these rules.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-073, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-075 Student conduct committee—Prehearing procedure.

(1) The student conduct committee chair shall cause all parties to be served written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if the parties agree, and may continue the hearing to a later time for good cause shown.

(2) The committee chair is authorized to conduct prehearing conferences and to make prehearing decisions concerning the forms and extent of any discovery, issuance of protective orders, and similar procedural matters.

(3) The committee chair may direct the parties prior to the hearing to exchange lists of witnesses and copies of exhibits that the parties reasonably expect to present to the committee. Failure to participate in good faith in such an exchange may be cause for excluding from the hearing any witness or exhibit not disclosed.

(4) The committee chair in advance of the hearing may provide committee members with copies of (a) any notice of disciplinary action (or referral to the committee) and (b) any notice of appeal filed by the respondent (or any complainant). However, such "pleadings" shall not be regarded as evidence of any facts they may allege.

(5) Any party may be accompanied at the hearing by a nonattorney advisor of the party's choice. A respondent (or any complainant) may be represented by an attorney at such party's own cost, but will be deemed to have waived that right unless, at least four instructional days before the hearing, the attorney files and serves a notice of appearance. If the respondent (or complainant) is represented by an attorney, the student conduct officer may be represented by the college's assistant attorney general.

(6) The student conduct committee may itself be advised in any proceeding by an independently assigned assistant attorney general who shall have had no other involvement in the matter and who shall be appropriately screened from any other assistant attorney general appearing in the proceeding.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-075, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-083 Student conduct committee—Hearing procedure.

(1) Upon the failure of any party to attend or participate in a hearing, the student conduct committee may either:

(a) Proceed with the hearing; or

(b) Serve an order of default in accordance with RCW 34.05.440.

(2) Committee hearings shall be closed to the public, unless all parties (including any complainant) agree on the record that all or parts of the proceeding may be open. The committee chair shall determine any extent to which the hearing will be open. The chair may exclude from the hearing any person who disrupts the proceeding.

(3) The committee chair shall cause the hearing to be recorded pursuant to RCW 34.05.449 by a method the chair selects. Other recording shall be permitted in accordance with WAC 10-08-190. The chair shall maintain the official record of the proceeding that is required by RCW 34.05.476. Such record shall be made available upon request for inspection and copying by any party to the extent permitted by applicable laws.

(4) The committee chair shall preside at the hearing and shall decide procedural questions that arise during the hearing, except as overridden by a majority vote of the committee.

(5) The student conduct officer (or assistant attorney general) shall present the case for imposing disciplinary sanctions and shall bear the burden of establishing the alleged violations by a preponderance of the evidence.

(6) All testimony shall be given under oath or affirmation. Evidence shall be admitted or excluded in accordance with RCW 34.05.452.

(7) The respondent and a complainant in any proceeding involving sexual misconduct allegations shall not directly question or cross-examine one another. All questions shall be directed to the committee chair, who will act as an intermediary and pose questions on behalf of the parties.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-083, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-085 Student conduct committee—Recommended decision.

(1) At the conclusion of the hearing, the student conduct committee shall permit the parties to make closing arguments in whatever form the committee wishes to receive them. The committee may permit each party to propose findings, conclusions, and/or a proposed decision for its consideration.

(2) Within twenty days following the later of the conclusion of the hearing or the receipt of closing arguments, the student conduct committee shall issue a recommended decision in accordance with RCW 34.05.461 and WAC 10-08-210. The recommended decision shall contain findings on all material issues of fact, conclusions concerning which, if any, provisions of the student conduct code were found to be violated, and any recommended sanction(s). Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) The committee chair shall cause the recommended decision to be served on the respondent, the student conduct officer, and any complainant in a proceeding involving sexual misconduct allegations. In a proceeding involving sexual misconduct allegations, the decision will state whether the sexual misconduct allegations were substantiated and will describe any sanctions or conditions recommended for the complainant's protection. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential information not relating to the sexual misconduct allegations.

(4) The committee chair shall promptly transmit the committee's recommended decision and the record of the proceedings for review by the conduct review officer who shall enter a final decision.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-085, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-095 Student conduct committee—Review of recommended decision.

(1) The recommended decision of the student conduct committee will be reviewed by the conduct review officer. The conduct review officer shall have the same authority on review as the student conduct officer to take disciplinary action.

(2) The review by the conduct review officer will be limited to the hearing record made before the student conduct committee. The conduct review officer will afford all parties the opportunity to file written statements explaining why they agree or disagree with the committee's recommended decision. The conduct review officer may notify the parties that the review will be limited to reviewing the specific issues raised by the parties.

(3) The conduct review officer will serve a written decision upon all parties (including the complainant in any proceeding involving sexual misconduct allegations) within twenty days of the date for the parties to submit written statements. The decision will adopt or modify the conduct committee's recommended decision and will provide a notice that reconsideration and/or judicial review may be available.

(4) In a proceeding involving sexual misconduct allegations, the review decision will explain the reasons for modifying any recommended disciplinary action with respect to such allegations. The copy of the decision provided to a complainant will be redacted as needed to exclude any confidential student information not relating to the sexual misconduct allegations.

(5) The decision of the conduct review officer shall be final.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-095, filed 6/19/15, effective 7/20/15.
Wash. Admin. Code § 132Z-115-105 Summary suspension.

(1) A summary suspension is the temporary exclusion of a student from all or specified portions of college premises, programs, or activities pending an investigation and/or disciplinary proceeding relating to alleged student code violations.

(2) The vice president (or designee) may summarily suspend a student when the vice president has cause to believe that the student:

(a) Has violated any provision of the student code; and

(b) Presents an immediate danger to the safety or security of the campus community and/or poses an ongoing threat of serious disruption or interference with college operations.

(3) Notice of a summary suspension, if given orally, must be followed by service of a written notice within two instructional days of the oral notice. The written notice shall include:

(a) The duration and scope of the suspension, including any conditions under which the student may access college premises or contact members of the campus community;

(b) The reasons for the suspension, including reference to the student code provisions allegedly violated, together with notice of any resulting or pending disciplinary action; and

(c) Notice of a summary suspension hearing to be held within three instructional days before a reviewing officer not otherwise involved in disciplinary proceedings relating to the student.

(4) The reviewing officer will conduct the summary suspension hearing as an emergency proceeding under RCW 34.05.479. The issue before the reviewing officer shall be whether probable cause exists to continue the summary suspension. The student shall be afforded an opportunity at the hearing to explain why the suspension should not be continued or why the suspension should be less restrictive in scope. If the student fails to appear or to participate in the hearing, the reviewing officer may order that the suspension continue pending the conclusion of disciplinary proceedings.

(5) The reviewing officer, within two instructional days of the hearing, shall issue a written decision either terminating the summary suspension or explaining the immediate danger and policy reasons justifying the continuation and/or modification of the summary suspension. The reviewing officer will provide a copy of the decision to all persons who may be bound or protected by it.

(6) The student may request review of the reviewing officer's decision before the student conduct committee. Such review will be scheduled promptly and shall be consolidated with any pending disciplinary proceeding arising from the same conduct.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-14-013, § 132Z-115-105, filed 6/19/15, effective 7/20/15.

Chapter 132Z-116 Parking and traffic rules of Cascadia College.

Wash. Admin. Code § 132Z-116-005 Authority.

RCW 28B.50.140(10) authorizes the board of trustees of Cascadia College to adopt rules for pedestrian and vehicular traffic on the college campus. RCW 28B.10.560 similarly authorizes the board of regents of the University of Washington to adopt rules governing pedestrian and vehicular traffic and parking upon lands and facilities of the university. The rules set forth in this chapter have been jointly developed and agreed upon by the two institutions of higher education, and adopted and codified in separate chapters of the Washington Administrative Code by each of the two institutions.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-109, § 132Z-116-005, filed 3/18/15, effective 4/18/15. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-005, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-010 Objectives of parking and traffic rules.

The objectives of these rules are:

(1) To protect and control pedestrian and vehicular traffic on the campus of University of Washington, Bothell and Cascadia College.

(2) To ensure access at all times for emergency equipment.

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the institutions by ensuring access to vehicles.

(5) To allocate limited parking space for the most efficient use.

(6) To protect state property.

(7) To encourage and support travel to the campus by means other than single occupancy vehicle.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-010, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140. WSR 15-07-109, § 132Z-116-010, filed 3/18/15, effective 4/18/15. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-010, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-012 Knowledge of parking and traffic rules.

It is the responsibility of all individuals parking or operating a vehicle on the campus to comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-012, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-020 Definitions.

The following definitions apply to this chapter:

(1) Authorized valid payment: Any payment accepted by commuter services, including the online, mobile application, and pay stations.

(2) Bicycle: Any device defined as a bicycle in RCW 46.04.071.

(3) Campus: The colocated campus of University of Washington, Bothell and Cascadia College to include those lands and leased facilities where parking is managed or controlled by commuter services.

(4) Campus safety officers: Employees of the college or the university who are responsible for campus security, safety, parking, and traffic control.

(5) Carpool: A group of two or more employees or students who commute to campus in the same vehicle and complete the campus commuter services carpool registration process.

(6) Citation: Formal written notice of a parking violation.

(7) College: Cascadia College, and collectively those responsible for its control and operations.

(8) Commuter services: The campus department that manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.

(9) Day: Unless otherwise specified, the term "day" refers to a calendar day.

(10) Disability parking: See persons with a disability.

(11) Disability zone/area: A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.

(12) Electric assisted bicycle: As defined under RCW 46.04.169.

(13) Employee: Any individual hired as or appointed to the faculty, staff, or administration of the college or university.

(14) Fee: A charge for the use of services provided and facilities managed by commuter services.

(15) Fine: Monetary penalty for a parking violation.

(16) Immobilization: The attachment of a device to a parked motor vehicle so that the vehicle cannot be moved.

(17) Impoundment: The removal of the vehicle to a storage facility by an authorized agent of campus safety, commuter services, or an authorized agent of commuter services.

(18) Institutions: The college and the university.

(19) License plate recognition (LPR): Technology that uses optical character recognition to automatically read license plate characters.

(20) Meter: A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit issuance machine.

(21) Moped: As defined under RCW 46.04.304.

(22) Motorcycle: As defined under RCW 46.04.330.

(23) Motor vehicle: As defined under RCW 46.04.320.

(24) Nonmotorized vehicle: A device other than a motor vehicle used to transport persons including, but not limited to, bicycles, skateboards, in-line skates, hover boards, personal conveyance devices, and roller skates.

(25) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.

(26) Overtime parking: The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit, meter, or permit-issuance machine.

(27) Parking product: A product issued by commuter services to manage motorized and nonmotorized access to the campus. Parking products include, but are not limited to, visual permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.

(28) Parking space: A space for parking one motor vehicle normally designated by lines painted on either side of the space, a wheel stop positioned in the front of the space, a sign or signs, or other markings.

(29) Pay station: A commuter services deployed and managed machine that issues virtual permits.

(30) Permit: A visual permit or virtual permit.

(31) Persons with disability: For the purpose of this chapter, persons with disability shall refer to a person or persons with a disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.

(32) Registered owner: The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.

(33) Roller skate/in-line skate: A device used to attach wheels to the foot or feet of a person.

(34) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.

(35) Student: A person enrolled in the college or the university.

(36) Traffic: The movement of motorized vehicles, nonmotorized vehicles and pedestrians in an area or along a street as is defined in RCW 46.04.590.

(37) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.

(38) Vehicle: As defined under RCW 46.04.670.

(39) Virtual permit: An authorization to park, issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(40) Visitor: A person who is neither an employee nor a student of the university or college and who only visits campus on an occasional basis.

(41) Visual permit: A physical permit issued by campus commuter services that when properly filled out and displayed according to instructions, authorizes a vehicle to park on campus.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-020, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140. WSR 15-07-109, § 132Z-116-020, filed 3/18/15, effective 4/18/15. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-020, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-030 Applicable parking and traffic rules.

The applicable parking and traffic rules upon the campus are:

(1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW.

(2) The parking and traffic rules in this chapter and chapter 478-117 WAC.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-030, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-030, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-035 Severability—Savings clause.

If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-035, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-040 Enforcement of parking and traffic rules.

The institutions share responsibility for parking and traffic management on campus. Duly appointed campus safety officers, designated commuter services employees, or independent contractors hired by the institutions are authorized to enforce these parking and traffic rules and may conduct traffic control on campus.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-040, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-040, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-042 Liability of institutions.

Except for vehicles that the institutions own or operate, the institutions assume no liability under any circumstances for vehicles on the campus. No bailment, but only a license, is created by the purchase and/or issuance of a permit.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-042, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-043 General parking regulations.

(1) No person may utilize any vehicle parked on campus as a living unit without specific approval from the campus safety director. Violators may be cited and/or towed.

(2) Vehicles are to be maintained in operating condition at all times while on campus, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the commuter services manager or designee.

(3) A vehicle which appears to be abandoned, with or without a current parking product or license plate(s), may be impounded after an attempt is made to locate and notify the owner of the impending action.

(4) Stopped or parked vehicles must do so in line with the flow of traffic where they are located.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-043, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-050 Permits required for all motorized vehicles parked on campus.

No person shall park or leave any motor vehicle, whether attended or unattended, upon the campus without a permit issued by the institutions. Permission to park on campus will be shown by the display of a valid visual permit or registration of a valid virtual permit. Persons wishing to obtain virtual permits are required to complete a registration process established by commuter services and pay the corresponding fee. A vehicle associated with a virtual permit must have a visible license plate.

(1) A valid permit is:

(a) A current unexpired, visual permit issued by commuter services, or an authorized agent designated by commuter services, and displayed in accordance with the instructions given at the time of issuance.

(b) A current unexpired virtual permit issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(i) Vehicles with virtual permits associated with a vehicle's license plate must have the license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(ii) Parking permits are not transferable, except as provided in WAC 132Z-116-060 and 132Z-116-090.

(2) Commuter services reserves the right to refuse to issue parking products.

(3) The institutions may allow persons without permits to drive through the campus without parking.

(a) This section does not apply to vehicles that the institutions own or operate.

(b) Any vehicle, attended or unattended, must have a valid parking permit when parked on the campus, unless the vehicle is:

(i) Parked in a metered parking space with meter payment;

(ii) Parked in a loading zone in compliance with posted limits;

(iii) Parked in a lot that does not require a permit during specified times as posted;

(iv) Parked in a posted short-term parking space in compliance with posted time limits; or

(v) Public safety or emergency vehicle parked while performing emergency services.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-050, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-050, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-055 Overtime parking violations.

After a motor vehicle has been cited for parking beyond the time posted, the vehicle may be cited at a frequency of one additional citation for each period of time equal to the maximum time limit posted for the space.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-055, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-060 Carpool and disability parking permits.

(1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the institutions for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. A carpool permit may be used with only one vehicle per day. Members of the campus carpool program must register their carpool with commuter services.

(2) The institutions provide parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.

(3) Use of disability accommodation parking on campus requires payment for parking in the form of a campus parking permit issued by commuter services, payment at a pay station, or payment at a parking meter for the designated space to which the vehicle is parked.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-060, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-060, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-090 Transfer of parking products limited.

(1) As provided herein, a permit holder may transfer a permit between motor vehicles when used by that permit holder. Improper transfer of a permit shall include, but is not limited to, the wrongful sale, the resale, lending, or transfer of a parking product or parking permit other than as provided herein. Multiple motor vehicles may be associated with a virtual permit but only one vehicle associated with a specific virtual permit may be parked on campus per calendar day. If more than one vehicle associated with a virtual permit is parked on campus during the course of a day, all additional vehicles are subject to a parking citation unless each additionally parked vehicle has a separate valid permit.

(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-090, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-090, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-100 Responsibility of person to whom parking product issued.

(1) The person(s) to whom a parking product is issued is responsible for paying for the product until it expires or is returned to commuter services, unless stated otherwise in these rules. All associated outstanding commuter services related fees and fines must be satisfactorily settled before a parking product may be issued, reissued, or renewed.

(2) When requested, a parking permit holder shall provide commuter services with the current valid license plate number of any vehicle(s) with which they intend to use a parking permit.

(3) Subject to WAC 132Z-116-340, the person(s) to whom a parking product is issued is responsible for any violations of this chapter associated with a vehicle with which the product is used during the time the product is valid and up to the date and time the product expires or is reported lost or stolen.

(4) Commuter services may also require proof of a vehicle registration for certain designated parking products.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-100, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-100, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-110 Display of permits.

(1) Visual permits shall be prominently displayed in accordance with the instructions printed in the permit and shall be fully visible from the exterior of the vehicle. Virtual permits are associated with a vehicle's license plate, and accordingly, a vehicle associated with a virtual permit must have its license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(2) Instructions relating to the display and assignment of a permit to a vehicle(s) will be provided by commuter services at the time of issuance and are located on the commuter services website.

(3) Motorcycle and scooter permits shall be registered with commuter services.

(4) Commuter services may authorize certain designated virtual permit holders to use a vehicle's license plate as a permit. Certain designated virtual permits may require the completion of a permit registration process. Virtual permit instructions will be provided at the time of permit issuance.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-110, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140. WSR 15-07-109, § 132Z-116-110, filed 3/18/15, effective 4/18/15. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-110, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-200 Parking fees.

The institutions' governing boards shall adopt parking fees, specifying the charge per day, quarter, and year. Each institution may set its own rates for quarterly and yearly permits, but the rates for daily parking permits must be uniform for both institutions. Commuter services, or its designee, shall sell quarterly and yearly permits to the institutions' employees and students. Commuter services, or its designee, may also sell quarterly and yearly permits at its discretion to regular visitors to each institution. A person who parks a vehicle in a metered parking space must pay for time used during posted times of operation.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-200, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-200, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-210 Allocation of parking spaces.

The parking space available on the campus shall be allocated in a manner that will best attain the objectives of these rules.

During special occasions causing additional or heavy traffic and during emergencies, the institutions may impose additional traffic and parking policies to achieve the specified objectives of this chapter.

History

  • Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-210, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-220 Parking within designated spaces.

(1) No motor vehicle shall be parked on the campus except in areas designated as parking areas, unless expressly authorized by commuter services or campus safety.

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.

(3) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, parking lot drive aisle, or roadway, or obstruct pedestrian movement along any plaza, path, or sidewalk unless expressly authorized by commuter services or campus safety.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-220, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-220, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-230 Parking—Operator's responsibility.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

(1) Stopping the engine, locking the ignition, and removing the key.

(2) Effectively setting the brake and transmission to prevent movement of the vehicle.

History

  • Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-230, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-235 Denial or revocation of parking privileges.

Commuter services reserves the right to deny or revoke parking privileges to anyone who has:

(1) Had a permit revoked.

(2) Falsified a parking application or registration.

(3) Counterfeited or altered a permit.

(4) Failed to pay outstanding citations.

(5) Been found to be in possession of or using a lost, refunded, or stolen permit.

(6) Removed an immobilization device without authorization.

(7) Been banned from campus.

(8) Failed to comply with commuter services directions.

(9) Damaged campus property while driving or parking on campus.

(10) Verbally abused or assaulted staff, including commuter services staff.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-235, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-240 Regulatory signs, markings, barricades, etc.

(1) The institutions may erect permanent or temporary signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within the campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by commuter services employees, campus facilities employees, campus safety officers, or authorized commuter services contractors in the control and regulation of traffic. Drivers shall also comply with directions given to them by commuter services employees, campus safety officers, or authorized commuter services contractors in the assignment of parking space and in the collection of parking fees.

(2) No person without authorization from the institutions shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-240, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-240, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-250 Speed.

No vehicle shall be operated on the campus at a speed in excess of posted limits. If no limit is posted, no vehicle shall exceed twenty miles per hour or such lower speed as is reasonable and prudent in the circumstances.

History

  • Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-250, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-260 Pedestrian's right of way.

(1) The operator of a vehicle shall yield right of way to any pedestrian. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible or unsafe for the driver to yield.

(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.

(3) Where a sidewalk is provided, pedestrians shall proceed upon the sidewalk.

History

  • Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-260, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-270 Motorcycles, bicycles, scooters.

(1) Motorcycles, bicycles, and scooters are subject to all traffic rules controlling other motor vehicles.

(2) Motorcycles and motorized scooters must be parked in designated motorcycle parking areas.

(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.

(5) No bicycles or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including but not limited to skateboards, roller skates, and roller blades.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-270, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-270, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-300 Issuance of parking citations.

Upon probable cause that a violation of these rules has occurred, a campus safety officer, commuter services employee, or contractor designated by commuter services may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the license plate number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-300, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-300, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-310 Fines, immobilization, and impounding.

(1) The current schedule of fines shall be published by the institutions and made available for review online and in the commuter services office.

(2) All fines are due upon receipt of the citation and must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the UW Bothell cashier's office, paid online, or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the institution shall impose an additional fine of ten dollars per offense and may:

(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid.

(b) Delay registration for the following quarter.

(c) Impound or immobilize the violator's vehicle.

(d) Deny future parking privileges to the violator.

(e) Refuse to issue keys to a violator who is an employee or student.

(f) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and institutional procedure.

(3) In addition to imposing fines, campus safety officers, commuter services employees, or authorized commuter services contractors or agents may immobilize and/or impound any vehicle parked on campus in violation of these rules. Grounds for impounding or immobilizing vehicles shall include, but not be limited to the following:

(a) Blocking a roadway so as to impede the flow of traffic.

(b) Blocking a walkway so as to impede the flow of pedestrian traffic.

(c) Blocking a fire hydrant or fire lane.

(d) Creating a safety hazard.

(e) Blocking another legally parked vehicle.

(f) Parking in a marked "tow-away" zone.

(g) Leaving a vehicle unattended on campus for longer than two days, unless the vehicle has a valid student housing resident permit.

(h) Failing to pay a fine(s) imposed under this chapter.

(i) Parking a vehicle on campus that has no license plate(s) and no observable vehicle identification number.

(4) Not more than one business day after impoundment or immobilization of any motor vehicle, commuter services shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified.

Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, redemption procedures, and an opportunity to contest the immobilization or impoundment as provided in WAC 132Z-116-320. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. All parking fines, fees, the cost of immobilization and/or impoundment (e.g., booting, towing, and storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle. Impounded motor vehicles shall be redeemed only by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for motor vehicle. Proof of ownership may be required before a vehicle is released from immobilization or impound.

(5) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's institution.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-310, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-310, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-320 Appeals of fines, immobilizations, and impoundments.

(1) Any immobilization, impoundment, or fine under this chapter may be appealed in writing, or when available, appealed through the online parking portal, within twenty calendar days from the date of the citation, the notice of immobilization, or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation, notice of immobilization, or notice of impoundment. Commuter services will make appeal forms available at the commuter services office. The notice of appeal must explain the reasons for contesting the citation, immobilization or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal. Online appeal instructions can be accessed through the commuter services website.

(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten calendar days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one calendar days after service of the decision.

(3) A person wishing to contest the written decision may request a review by contacting the institution in writing within twenty-one calendar days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten calendar days after service of the decision.

(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten calendar days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-320, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 28B.50.140(10). WSR 02-11-048, § 132Z-116-320, filed 5/9/02, effective 6/9/02.
Wash. Admin. Code § 132Z-116-325 Permit and parking product revocations.

Parking products are the property of the institutions, and may be recalled by the issuer for any of the following reasons:

(1) When the purpose for which the parking product was issued changes or no longer exists;

(2) When a parking product is used on an unauthorized vehicle, by an unauthorized individual, or in an unauthorized manner;

(3) Falsification on a parking product application;

(4) Multiple or continued violations of parking rules;

(5) Counterfeiting, altering, or using a lost/stolen parking product;

(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer;

(7) Nonpayment of parking product fees or parking fines.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-325, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-330 Right to appeal revocation.

Parking product revocations under this chapter may be appealed pursuant to the procedures in WAC 132Z-116-320.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-330, filed 5/22/19, effective 6/22/19.
Wash. Admin. Code § 132Z-116-340 Motorized vehicles—Responsible parties for illegal parking.

(1) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is registered to a permit holder, there shall be a prima facie presumption that the permit holder was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(3) This section shall not apply to university or college operated motor vehicles. The operator of a university owned or a college owned motor vehicle is personally liable for any citation issued to the motor vehicle.

(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within twenty calendars days of the date of the citation or submitting a petition where the third party agrees to take responsibility.

(5) When mitigating circumstances exist, authorized commuter services personnel may reduce or dismiss fines.

History

  • Statutory Authority: RCW 28B.10.560 and 28B.50.140(10). WSR 19-12-006, § 132Z-116-340, filed 5/22/19, effective 6/22/19.

Chapter 132Z-120 Supplemental sex discrimination student code of conduct and procedures.

Wash. Admin. Code § 132Z-120-005 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. To the extent these supplemental hearing procedures conflict with the college's standard disciplinary procedures, WAC 132Z-115-006 through 132Z-115-095, these supplemental procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-005, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-010 Prohibited conduct under Title IX.

Pursuant to RCW 28B.50.140(13) and Title IX of the Education Amendments Act of 1972, 20 U.S.C. § 1681, the college may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."

For purposes of this supplemental procedure, "sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:

(1) Quid pro quo harassment. A college employee conditioning the provision of an aid, benefit, or service of the college on an individual's participation in unwelcome sexual conduct.

(2) Hostile environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college's educational programs or activities.

(3) Sexual assault. Sexual assault includes the following conduct:

(a) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(b) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.

(d) Statutory rape. Nonforcible sexual intercourse between someone who is 18 years of age or older and someone who is under the age of 16.

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.55.010.

(5) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person:

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship;

(ii) The type of relationship; and

(iii) The frequency of interaction between the persons involved in the relationship.

(6) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-010, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-015 Title IX jurisdiction.

(1) This supplemental procedure applies only if the alleged misconduct:

(a) Occurred in the United States;

(b) Occurred during a college educational program or activity; and

(c) Meets the definition of sexual harassment as that term is defined in this supplemental procedure.

(2) For purposes of this supplemental procedure, an "educational program or activity" is defined as locations, events, or circumstances over which the college exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the college.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, chapter 132Z-115 WAC.

(4) If the student conduct officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the student conduct officer will issue a notice of dismissal in whole or in part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-015, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-020 Initiation of discipline.

(1) Upon receiving a Title IX investigation report from the Title IX coordinator, the student conduct officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.

(2) If the student conduct officer determines that there are sufficient grounds to proceed under these supplemental procedures, the student conduct officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the chair of the student conduct committee and serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for Title IX jurisdiction;

(b) Identify the alleged Title IX violation(s);

(c) Set forth the facts underlying the allegation(s);

(d) Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

(e) Explain that the parties are entitled to be accompanied by their chosen advisors during the hearing and that:

(i) The advisors will be responsible for questioning all witnesses on the party's behalf;

(ii) An advisor may be an attorney; and

(iii) The college will appoint an advisor of the college's choosing at no cost to the party, if the party fails to do so; and

(f) Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in their absence.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-020, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-025 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 132Z-115-075. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

(2) A party may choose to have an attorney serve as their advisor at the party's own expense. This right will be waived unless, at least five days before the hearing, the attorney files a notice of appearance with the committee chair with copies to all parties and the student conduct officer.

(3) In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the college intends to offer the evidence at the hearing.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-025, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-030 Rights of parties.

(1) The college's student conduct procedures, WAC 132Z-115-083, and this supplemental procedure shall apply equally to all parties.

(2) The college bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(3) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

(4) During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing, and the advisor may be an attorney. If a party does not choose an advisor, then the Title IX coordinator will appoint an advisor of the college's choosing on the party's behalf at no expense to the party.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-030, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-035 Evidence.

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(1) Relevance: The committee chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(4) Complainant and respondent may not ask questions directly of one another. Questions may be asked through a party's advisor or by the chair, after the chair determines the question is relevant and not privileged or otherwise impermissible. The chair has discretion to follow this procedure for other witnesses, as well.

(5) No negative inference: The committee may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.

(6) Privileged evidence: The committee shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client and attorney work product privileges;

(c) Privileges applicable to members of the clergy and priests;

(d) Privileges applicable to medical providers, mental health therapists, and counselors;

(e) Privileges applicable to sexual assault and domestic violence advocates; and

(f) Other legal privileges identified in RCW 5.60.060.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-035, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-040 Initial order.

(1) In addition to complying with WAC 132Z-115-085, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

(b) Describes the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(c) Makes findings of fact supporting the determination;

(d) Reaches conclusions applying the conduct code to the facts;

(e) Contains a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;

(f) Describes any disciplinary sanctions or conditions imposed against the respondent, if the committee determines the respondent violated the conduct code;

(g) Determines whether remedies designed to restore or preserve complainant's equal access to the college's education programs or activities will be provided by the college; and

(h) Describes the process for appealing the initial order to the vice president of student success.

(2) The committee chair will serve the initial order on the parties simultaneously.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-040, filed 9/26/25, effective 10/27/25.
Wash. Admin. Code § 132Z-120-045 Appeals.

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or in part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the vice president of student success within 21 days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions in the initial order or notice of dismissal that the appealing party is challenging and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the initial order or notice of dismissal shall be deemed final.

(2) Upon receiving a timely appeal, the vice president of student success will serve a copy of the appeal on all parties, who will have 10 days from the date of service to submit written responses to the vice president's office addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the vice president shall serve copies of the responses to the other parties.

(3) Parties receiving a copy of the responses shall have five days in which to submit a written reply addressing issues raised in the responses to the vice president's office.

(4) The vice president, based on their review of parties' submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal is affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

(5) The vice president's office shall serve the final decision on the parties simultaneously.

(6) All administrative decisions reached through this process may be judicially reviewed pursuant to applicable provisions of chapter 34.05 WAC including, but not limited to, the timelines set forth in RCW 34.05.542.

History

  • Statutory Authority: RCW 28B.50.140(13) and 34 C.F.R. Part 106. WSR 25-20-064, s 132Z-120-045, filed 9/26/25, effective 10/27/25.

Chapter 132Z-122 Withholding services for outstanding debts.

Wash. Admin. Code § 132Z-122-010 Policy.

If any person, including any staff, student or former student, is indebted to the district for an outstanding overdue debt, the district need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, transcripts or other services which have been requested by such person.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-122-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-122-020 Notification.

(1) Upon receiving a request for services where there is an outstanding debt due to the district from the requesting person, the district shall notify the person by first-class mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, requested services will not be provided.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person designated by the president of the district. The proceeding must be requested within twenty days of the date of mailing notification of refusal to provide services.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-122-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-122-030 Procedure for brief adjudicative proceeding.

Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and shall hold an informal hearing concerning whether the individual in fact owes any outstanding debts to the college. The hearing must be conducted within ten working days of the request for a hearing. After the informal hearing, a decision shall be rendered by the president or designee indicating whether in fact the college is correct in withholding services for the outstanding debt. If the outstanding debt is owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within five working days after the hearing. This hearing shall constitute a brief adjudicative proceeding established by the Administrative Procedure Act at RCW 34.05.482 through 34.05.494.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-122-030, filed 7/2/96, effective 8/2/96.

Chapter 132Z-133 Organization.

Wash. Admin. Code § 132Z-133-010 Organization—Operation—Information.

(1) Organization. Cascadia College is established in Title 28B RCW as a public institution of higher education. The college is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the college. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:

Cascadia College

18345 Campus Way N.E.

Bothell, WA 98011

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

(3) Information. Additional information about Cascadia College District 30 may be obtained by calling 425-352-8000, or by addressing a request to:

Cascadia College

18345 Campus Way N.E.

Bothell, WA 98011

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-087, § 132Z-133-010, filed 3/17/15, effective 4/17/15. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-133-010, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-133-010, filed 7/2/96, effective 8/2/96.

Chapter 132Z-134 Designation of rules coordinator.

Wash. Admin. Code § 132Z-134-010 Rules coordinator.

The rules coordinator for Cascadia College as designated by the president is:

The Executive Assistant to the President

Cascadia College

18345 Campus Way N.E.

Bothell, WA 98011

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-088, § 132Z-134-010, filed 3/17/15, effective 4/17/15. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-134-010, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-134-010, filed 7/2/96, effective 8/2/96.

Chapter 132Z-140 Use of college facilities.

Wash. Admin. Code § 132Z-140-010 Definitions.

The following terms shall have the following meaning within chapter 132Z-140 WAC, unless otherwise specified:

"Campus" shall mean the entire joint Cascadia College/University of Washington, Bothell campus;

"College" shall mean Cascadia College;

"College facilities" shall mean those parts of the joint Cascadia College/University of Washington, Bothell campus that are dedicated primarily to Cascadia College use, and shall include those campus buildings dedicated primarily to Cascadia College classrooms, laboratories, and administration, as well as the areas immediately surrounding those buildings.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-089, § 132Z-140-010, filed 3/17/15, effective 4/17/15
  • WSR 06-14-012, § 132Z-140-010, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-020 Use of college facilities.

Cascadia College provides continued educational opportunity for area citizens. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses that are of benefit to the general public if such general uses do not interfere with the educational mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes. Reasonable time, place, and manner restrictions may be placed on the use of college facilities made available for public or private purposes.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-089, § 132Z-140-020, filed 3/17/15, effective 4/17/15
  • WSR 06-14-012, § 132Z-140-020, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-030 Priority of use.

(1) When allocating use of college facilities, the highest priority is always given to activities specifically related to the college's mission. No arrangements will be made that may interfere with or operate to the detriment of the college's own teaching, research, or public service programs. In particular, college buildings, properties, and facilities, including those assigned to student programs, are used primarily for:

(a) The regularly established teaching, research, or public service activities of the college and its departments;

(b) Cultural, educational, or recreational activities of the students, faculty, or staff;

(c) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the sponsorship of the college or its departments.

(d) Public events of a cultural or professional nature brought to the campus at the request of college departments or committees and presented with their active sponsorship and active participation;

(e) Activities or programs sponsored by educational institutions, by state or federal agencies, or by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college. However, the college will not make its facilities available for instructional or related purposes that compete with courses or programs offered by the college.

(2) College facilities may be assigned to student organizations for regular business meetings, social functions, and programs open to the public. Any recognized campus student organization may invite speakers from outside the college community, after following the facility use application procedures in WAC 132Z-140-100. The appearance of an invited speaker on campus does not represent an endorsement by the college, its faculty or administration, or the board of trustees of the speaker's views.

(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned and the time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Arrangements by both organizations and individuals must be made through the designated administrative officer, consistent with the facility use application procedures in WAC 132Z-140-100. Allocation of space shall be made in accordance with college rules and on the basis of time, space, priority of request, and the demonstrated needs of the applicant.

(4) The college may restrict an individual's or a group's use of college facilities if that person or group has, in the past, physically abused facilities the individual or group has used. Charges may be imposed for damage or for any unusual costs for the use of facilities. The individual, group or organization requesting space will be required to state in advance the general purpose of any meeting.

History

  • Statutory Authority: RCW 28B.50.140. WSR 06-14-012, § 132Z-140-030, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-040 Policies limiting use.

(1) College facilities may be used for purposes of political campaigning by or for candidates who have filed for public office, directed to members of the public, only when the full rental cost of the facility is paid. Use of state funds to pay for facility rental costs for political campaigns is prohibited. No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law regarding interference with the mails.

(2) Posters and samples may be posted or distributed only in designated areas of the campus, unless prior permission to post/distribute is obtained from the executive director of communications and marketing. Information on the location of designated poster/distribution areas may be obtained in the office of the executive director of communications and marketing.

(3) WAC 132Z-140-010 through 132Z-140-122 shall apply to recognized student groups using college facilities.

(4) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful may be distributed in designated areas on the campus where, and at times when, such distribution will not interfere with the orderly administration of the college affairs or the free flow of traffic. Prior authorization must be obtained from the executive director of communications and marketing. Any distribution of materials as authorized by the executive director of communications and marketing shall not be construed as support or approval of the content by the college community or the board of trustees.

(5) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs as determined by the vice president for administrative services.

(6) The right of peaceful dissent within the college community will be preserved. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. If any person, group, or organization attempts to resolve differences by means of violence, the college retains the right to take steps to protect the safety of individuals, the continuity of the educational process, and the property of the state.

(7) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises when such premises are open to public use. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits.

(8) Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions or service related activities), groups must obey or comply with directions of the designated administrative officer or individual in charge of the meeting.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-089, § 132Z-140-040, filed 3/17/15, effective 4/17/15
  • WSR 06-14-012, § 132Z-140-040, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-050 Administrative control.

The college may adopt administrative procedures consistent with these rules for the use of college facilities, and adopt rental schedules as appropriate.

History

  • Statutory Authority: RCW 28B.50.140. WSR 06-14-012, § 132Z-140-050, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-090 Basis of fee assessment.

(1) The basis for establishing and charging use fees reflects the college's assessment of the present market and the cost of operations, and an evaluation of the intended purpose and its relationship to the purposes of this college. The board of trustees has determined that groups or organizations affiliated with the college should be permitted access to facilities at the lowest charge on the fee schedule, which may include complimentary use. A current fee schedule is available from the office of the vice president for administrative services.

(2) The college does not wish to compete with private enterprise. Therefore, the college reserves the right to deny applications for facility use when the administration and/or the board of trustees feels a commercial facility is equivalent to the college facility, is available for use, and should be patronized. At no time will facility use be granted for a commercial activity at a rental rate, or upon terms, less than the full and fair rental value of premises used.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-089, § 132Z-140-090, filed 3/17/15, effective 4/17/15
  • WSR 06-14-012, § 132Z-140-090, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-100 Application procedures.

(1) At least seven working days prior to date of intended use of any college facility, an authorized representative of the requesting organization must submit a written application which may be obtained through the college's office of the vice president for administrative services. A single application may be sufficient for a series of meetings by an organization unless those meetings vary significantly in some substantive way; if so, separate applications will be required. The college may consider applications received on less than seven days' notice; however, the college cannot guarantee that such applications will be considered prior to seven days after submission.

(2) Upon approval of the application, an authorized representative of the using organization shall sign the rental agreement. By affixing a signature as representing the using organization, the signatory specifies he or she has authority to enter into agreement on behalf of the organization and if the organization fails to pay the amount due, the signatory becomes responsible for all charges which may include interest payment for overdue accounts as specified on the rental form but not less than one percent per month.

(3) The college may require an advance deposit of up to fifty percent, payable before approval of the application, for large events, events requiring expenditures on the part of the college, or events that require the college to block out significant areas for the renter.

(4) The college reserves the right to make pricing changes without prior notice.

(5) Use of a facility is limited to the facilities specified on the agreement.

(6) The priorities for facility use place primary emphasis on regular college events and activities. The college reserves the right to cancel any permit and refund any payments for use of college facilities and equipment when they deem such action advisable and in the college's best interests.

(7) If an applicant cancels a facility use permit, the applicant is liable for all college costs and expenses in preparing the facility for its use.

(8) Organizations using Cascadia College's facilities shall conduct all activities in accordance with applicable local, state, and federal laws including but not limited to the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, the Rehabilitation Act of 1973, 29 U.S.C. § 794, Washington's law against discrimination, chapter 49.60 RCW, and all rules adopted by the board of trustees.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-089, § 132Z-140-100, filed 3/17/15, effective 4/17/15
  • WSR 06-14-012, § 132Z-140-100, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-140-110 Supervision during facility use.

(1) Organizations using college facilities are responsible for group conduct and are expected to remain with their group during activities. When the use of special facilities makes it necessary that supervision be provided, the trustees reserve the right to require a staff member be present to represent the college at any activity on college facilities. Such service shall be paid at the current rate, by the organization requesting use of the facility, and does not relieve the organization from safeguarding the college's property.

(2) The security staff or some other authority of the college will open and lock all rented facilities. Keys to buildings or facilities will not be issued or loaned on any occasion to any using organization with the exception of keys to designated off-campus locations.

History

  • Statutory Authority: RCW 28B.50.140. WSR 06-14-012, § 132Z-140-110, filed 6/23/06, effective 7/24/06.

Chapter 132Z-141 Use of joint Cascadia College and University of Washington, Bothell, facilities.

Wash. Admin. Code § 132Z-141-010 Purpose.

The colocated campus of Cascadia College and the University of Washington, Bothell, operates joint facilities that provide benefits to each educational institution. The purpose of this chapter is to define the facilities jointly operated by the institutions and to ensure that these joint facilities are reserved primarily for activities related to the educational missions of the institutions. Further, the joint facilities may be used for a variety of activities, providing the primary function the facility or space was intended to serve is not compromised. Reasonable time, place, and manner restrictions may be placed on the use of joint facilities.

The rules set forth in this chapter have been jointly developed and agreed upon by the two institutions of higher education, and adopted and codified in separate chapters of the Washington Administrative Code by each of the institutions. Rules for the use of dedicated facilities of Cascadia College and the University of Washington, Bothell, are governed by chapter 132Z-140 WAC and chapter 478-136 WAC, respectively.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-090, § 132Z-141-010, filed 3/17/15, effective 4/17/15
  • WSR 06-14-013, § 132Z-141-010, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-141-020 Definitions.

(1) "College" shall mean Cascadia College.

(2) "Institutions" shall mean University of Washington, Bothell, and Cascadia College.

(3) "Joint facilities" shall mean those structures, spaces, campus grounds, and parking lots operated jointly by the institutions. Specific rules also apply to parking lots (chapters 132Z-116 and 478-117 WAC).

(4) "University" shall mean University of Washington, Bothell.

(5) "Use of facilities" includes, but is not limited to: The holding of classes, events, the posting and removal of signs, all forms of advertising, commercial and community activities, and charitable solicitation.

(6) "Wetlands" shall mean campus grounds to the east of Campus Way N.E. and east of 110th N.E. between N.E. 185th and Beardslee Blvd., and the Chase House.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-090, § 132Z-141-020, filed 3/17/15, effective 4/17/15
  • WSR 06-14-013, § 132Z-141-020, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-141-030 Administrative authority.

(1) The board of trustees for Cascadia College and the board of regents of the University of Washington have delegated to the president of the college and the chancellor of the university, respectively, the authority to regulate the use of facilities on the colocated campus.

(2) Under this authority, the president of the college and the chancellor of the university designate the coordination for use of joint facilities to an appointed joint committee on facility use and designate the use of the wetlands to the wetlands oversight committee. The president of the college and the chancellor of the university shall each appoint representatives to the joint committee on facility use to develop suggested event procedures. Each designee shall review the use of the facilities; establish administrative procedures governing such use that are consistent with these rules; approve or disapprove requested uses and establish policies regarding fees and rental schedules unique to joint facilities as appropriate. Additionally, the joint committee on facility use shall act as an appeals board for decisions of the wetlands oversight committee regarding wetlands use requests. Inquiries concerning the use of joint facilities may be directed to:

Cascadia College

Office of Administrative Services

Facilities Coordinator

18345 Campus Way N.E.

Bothell, WA 98011

(Phone: 425-352-8000); and

University of Washington, Bothell

Office of Administrative Services

Facilities Use Coordinator

Box 358535

18115 Campus Way N.E.

Bothell, WA 98011

(Phone: 425-352-3556 or email: facuse@uwb.edu).

(3) Preliminary approval of an event by an academic or administrative unit of the college or university implies that a responsible official has applied his or her professional judgment to the content of the program, the qualifications of the individuals conducting the event, the manner of presentation, and has concluded that the event is consistent with the teaching, research, and/or public service mission of the institutions.

(4) Final approval of a joint facilities use request by the appropriate designee on the use of joint facilities implies that the designee has reviewed the proposed event with regard to: The rules in this chapter; the direct and indirect costs to the institutions; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the institutions, surrounding neighborhoods and the general public.

(5) The institutions will not make their joint facilities or services available to organizations that do not assure the institutions that they will comply with the terms of the Americans with Disabilities Act (ADA, 42 U.S.C. 12132, 12182) and the Rehabilitation Act of 1973 (RA, 29 U.S.C. 794). Uses must not impose restrictions nor alter facilities in a manner which would violate the ADA or RA.

(6) The institutions will not make their joint facilities or services available to organizations which do not assure the institution that they do not discriminate on the basis of race, color, religion, gender and/or sex, sexual orientation, national origin, citizenship status, age, marital or veteran status, or the presence of any sensory, mental or physical disability, or genetic information, and is prohibited from discrimination in such a manner by college policy and state and federal law.

(7) Individuals who violate the institutions' use of joint facilities regulations and approved users who violate the institutions' contract terms for use of joint facilities may be advised of the specific nature of the violation and individuals may be requested to leave the property or be refused future use of joint facilities. Failure to comply with a request to leave the property may subject such individuals to arrest and criminal prosecution under provisions of applicable state, county, and city laws.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-090, § 132Z-141-030, filed 3/17/15, effective 4/17/15
  • WSR 06-14-013, § 132Z-141-030, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-141-040 Use of joint facilities.

When allocating use of joint facilities, the highest priority shall be given to activities specifically related to the institutions' missions. No arrangements will be made that may interfere with or operate to the detriment of the institutions' own instruction, research, public assembly, and student activities. In particular, joint facilities are used primarily for:

(1) The regularly established instruction, research, public assembly, and student activities of the institutions and their departments.

(2) Cultural, educational, or recreational activities of the students, faculty, or staff of the college or university.

(3) Short courses, conferences, seminars, or similar events, when arranged under the sponsorship of the institutions or their departments.

(4) Public events of a cultural or professional nature brought to the campus at the request of institution departments or committees or institutionally sanctioned student organizations and presented with their active sponsorship and active participation.

(5) Activities or programs sponsored by other educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the institutions. However, joint facilities will not be made available for instructional or related purposes that compete with courses or programs offered by the institutions.

(6) Faculty, staff, registered or official student organizations of the institutions may use joint facilities to hold events for college or university faculty, staff and students provided such uses comply with these rules on use of joint facilities. These events do not, however, require either preliminary approval by an academic or administrative unit or final approval by the joint committee on facility use.

(7) Faculty, staff, registered or official student organizations of the institutions may use joint facilities to hold events to which the general public is invited when the event has preliminary approval by an academic or administrative unit of one of the institutions and final approval of the appropriate designee. The appearance of an invited speaker on campus does not represent an endorsement by the institutions of the speaker's views.

(8) Noninstitution organizations and individuals may use joint facilities to hold events which have received preliminary approval by an academic or administrative unit of one of the institutions and final approval of the appropriate designee. The general public may be invited to such events.

(9) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and proper maintenance of the facilities. Subject to the same limitations, joint facilities shall be made available for assignment to individuals or groups within the institutions. Arrangements by both organizations and individuals must be made through the appropriate facility designee. Allocation of space shall be made in accordance with these rules and on the basis of time, space, priority of request and the demonstrated needs of the applicant.

History

  • Statutory Authority: RCW 28B.50.140. WSR 06-14-013, § 132Z-141-040, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-141-050 Limitations on use.

(1) Freedom of expression is a highly valued and indispensable quality of college and university life. However, joint facilities may not be used in ways that obstruct or disrupt the institutions' operations, the freedom of movement, or any other lawful activities. Additionally, use of joint facilities may be subject to reasonable time, place and manner restrictions.

(2) Joint facilities may be used for events and forums regarding ballot propositions and/or candidates who have filed for public office providing the event has received preliminary approval by an administrative or academic unit of one of the institutions and final approval by the appropriate facility designee. There are, however, certain limitations on the use of joint facilities for these political activities.

(a) First priority for the use of joint facilities shall be given to regularly scheduled college and university activities.

(b) Joint facilities may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office only when the full rental cost of the facility is paid. Use of state funds for payment of facility rental costs is prohibited.

(c) Forums or debates may be scheduled at full facility rental rates if all parties to a ballot proposition election or all candidates who have filed for office for a given position, regardless of party affiliation, are given equal access to the use of facilities within a reasonable time.

(d) No person shall solicit contributions on joint property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.

(e) Public areas outside joint facility buildings may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office, excluding solicitation of funds, provided the other normal business of the institutions is not disrupted and entrances to and exits from buildings are not blocked.

(f) Joint facilities or services may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.

(3) Joint facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are consistent with the institution's mission, as determined by the appropriate designee.

(4) Nothing in these rules is intended to alter or affect the regular advertising, promotional, or underwriting activities carried on, by, or in the regular media or publications of the institutions. Policies concerning advertising, promotional or underwriting activities included in these media or publications are under the jurisdiction of and must be approved by their respective management or, where applicable, advisory committees, in accordance with applicable state and federal laws.

(5) In accordance with WAC 132Z-141-010 the institutions will make their joint facilities available only for purposes related to their educational missions, including but not limited to instruction, research, public assembly, community programs, and student activities. When permission is granted to use joint facilities for approved instructional or related purposes, as a condition of approval, the user of joint facilities agrees to include in all materials nonendorsement statements in the form approved by the appropriate designee. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in joint facilities. The designee will determine the content, size of print and placement of the nonendorsement language. The institutions will not make their joint facilities available for instructional or related purposes that compete with courses or programs offered by the college or university.

(6) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the college and university community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being conducted.

(7) Electronic amplification on the grounds of the campus shall not be permitted unless approved by the joint committee on facility use.

(8) No person may use joint facilities to camp. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws. This provision does not prohibit use of joint facilities where a college or university employee remains overnight to fulfill the responsibilities of his or her position.

(9) The institutions are committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. In accordance with the Washington Clean Indoor Air Act (chapter 70.160 RCW), the Cascadia College facility use (chapter 132Z-140 WAC) and Use of University of Washington facilities (chapter 478-136 WAC), the following smoking policy is intended to protect nonsmokers from exposure to smoke in their campus-associated environments and to protect life and property against fire hazards. "Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other kind of lighted smoking equipment.

(a) Smoking is prohibited inside all college or university vehicles, inside buildings and parking structures owned or occupied by the college or university and/or used by college or university faculty, staff or students and at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.

(b) The institutions may designate specific outdoor locations as smoking areas. Signage will be placed to indicate the designated locations.

(c) Any student, staff, or faculty member who violates the smoking policy may be subject to disciplinary action. In addition, violations of the smoking policy may be subject to appropriate enforcement.

(10) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only if the procedures set forth in this section are followed.

(a) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor control board.

(b) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor control board must be followed.

(c) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor control board.

(d) Except as provided in (c) of this subsection, alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only under permits/licenses issued by the Washington state liquor control board and only as follows:

(i) Events at which alcohol is to be sold must be approved by the joint committee on facility use and an application to the committee must be accompanied by a request for written authorization under (e) or (f) of this subsection or proof that the seller holds an appropriate license; and

(ii) A college or university unit or an individual or organization applying for a permit/license must have obtained approval under (e) or (f) of this subsection; and

(iii) Sale, service, and consumption of alcohol is to be confined to specified room(s) or area(s) specified on the license or permit.

(e) Written authorization to apply for a special occasion license to sell alcoholic beverages at joint facilities must be obtained from the joint committee on facility use prior to applying for a special occasion license from the Washington state liquor control board. Authorization should be requested through the facilities use coordinator for the joint committee on facility use sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor control board at least forty-five days or more before the event.) Written authorization to apply for such license shall accompany the license application filed with the Washington state liquor control board.

(f) Written authorization to apply for a banquet permit to serve and consume alcoholic beverages at joint facilities must be obtained from the college president or university chancellor prior to applying for the permit from the Washington state liquor control board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. Written authorization to apply for such permit shall accompany the permit application filed with the Washington state liquor control board.

(g) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-090, § 132Z-141-050, filed 3/17/15, effective 4/17/15
  • WSR 06-14-013, § 132Z-141-050, filed 6/23/06, effective 7/24/06.
Wash. Admin. Code § 132Z-141-060 Safety and liability.

(1) It is the responsibility of any person or organization requesting the use of joint facilities to comply with all applicable policies, procedures, rules and regulations of the institutions, and applicable local, state and federal laws, including but not limited to fire, health and safety regulations.

(2) Permission to an organization not affiliated with one of the institutions or to a registered or official student organization of the college or university for the use of joint facilities is granted with the express understanding and condition that such organization assumes full responsibility for any loss, damage or claims arising out of such use.

When the event involves physical activity, or otherwise will increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least one million dollars per occurrence must be provided to the state office of risk management before approval for the requested use will be granted.

History

  • Statutory Authority: RCW 28B.50.140. WSR 06-14-013, § 132Z-141-060, filed 6/23/06, effective 7/24/06.

Chapter 132Z-142 Use of college facilities for expressive activity.

Wash. Admin. Code § 132Z-142-010 Purpose.

This chapter contains the policies of Cascadia College concerning the use of campus facilities by campus and noncampus groups for engaging in free speech and other expressive activities. Cascadia College as an academic institution values freedom of inquiry and expression, civil discourse, and tolerance of competing viewpoints.

At the same time, campus facilities are intended primarily for use by campus groups for educational and related institutional purposes. The college intends to open the campus for expressive use by noncampus groups to the extent that such usage does not substantially and materially interfere with institutional purposes.

It is further intended, both with respect to campus and noncampus groups, that these expressive activity policies shall be interpreted and applied consistently with applicable constitutional law.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 21-06-014, § 132Z-142-010, filed 2/19/21, effective 3/22/21.
Wash. Admin. Code § 132Z-142-020 Definitions.

(1) Campus facilities - Grounds and buildings. The term "campus facilities" as used in this chapter means the grounds and buildings owned, leased, operated, or controlled by Cascadia College.

(a) Grounds. The campus "grounds" consist of those outdoor areas of the campus that are generally open and accessible to the public, including any commons, public square, plaza, patio, pedestrian mall, thoroughfare or walkway, multipurpose field, lawn, or open space.

(b) Buildings. The "buildings" of the campus consist of any academic or administrative building, student union, library, museum or gallery, auditorium, theater, concert or recital hall, laboratory, dining or residence facility, athletic or recreational facility, conference or event center, maintenance or storage facility, parking lot, and any other structure reserved by the college for designated institutional uses.

(2) Campus and noncampus groups. The term "campus groups" means individuals or groups of individuals affiliated with the college as students, faculty or staff, or invited guests sponsored by a recognized student or alumni organization, academic department, or administrative office of the college. A "noncampus group" means individuals or groups of individuals who are not so affiliated with the college.

(3) Expressive activity. The term "expressive activity" means the exercise of those rights of speech, petition, and assembly protected under the federal and state constitutions including, but not limited to, public speech or other expressive conduct, the circulation of petitions or distribution of literature, protests, demonstrations, rallies, picketing, and other gatherings to share information, ideas, beliefs, or viewpoints.

(4) Public forum - Designated or limited. A "public forum" for purposes of this chapter is either "designated" or "limited." A dedicated public forum is available for expressive use both by campus and noncampus groups. A limited forum is available for expressive use only by campus groups and may be limited to designated purposes.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 21-06-014, § 132Z-142-020, filed 2/19/21, effective 3/22/21.
Wash. Admin. Code § 132Z-142-030 Use of campus facilities for expressive activity.

(1) Campus grounds. The grounds of the campus constitute designated public forums available for use for expressive activity both by campus and noncampus groups, as those terms are defined in WAC 132Z-142-020.

(2) Campus buildings. The buildings of the campus constitute limited public forums available for use for expressive activity only by campus groups, as those terms are defined in WAC 132Z-142-020, and may be limited to designated purposes. Campus buildings and other facilities are available for rent by noncollege groups in accordance with the college's facility rental policies.

(3) Limits on usage. The use of campus facilities by campus or noncampus groups for expressive activities is subject to reasonable time, place, and manner regulations as set forth in WAC 132Z-142-040.

(4) Exception - Open public meetings. Nothing in these rules is intended to apply to public participation in meetings of the college's governing board or associated student body that are required to be open to the public under the Open Public Meetings Act, chapter 42.30 RCW.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 21-06-014, § 132Z-142-030, filed 2/19/21, effective 3/22/21.
Wash. Admin. Code § 132Z-142-040 Limitations on use of campus facilities.

Campus or noncampus groups using campus facilities for expressive activities shall be subject to the following rules governing the time, place, and manner of the expressive activity.

(1) Disruption or interference. The expressive activity must not substantially and materially disrupt or interfere with the college's essential academic or administrative functions or with the rights and privileges of the college's students, employees, or invitees.

(2) Hours of activity. Expressive activity on the campus grounds as defined in WAC 132Z-142-020 must be limited between the hours of 8:00 a.m. and 10:00 p.m. Expressive activity in campus buildings must be limited in accordance with the normal hours of operation and other rules applicable to the particular building.

(3) Scheduling conflicts. Campus facilities, including both "grounds" and "buildings" as defined in WAC 132Z-142-020, are not available for unscheduled expressive activities that conflict with previously scheduled uses of the facility.

(4) Sound amplification. Sound amplification, whether by artificial means or otherwise, must be maintained at a volume that does not substantially and materially disrupt or interfere with the college's essential academic or administrative functions.

(5) Traffic obstruction. The expressive activity must not be conducted in such a manner as to obstruct vehicular, bicycle, pedestrian, or other traffic including, but not limited to, access by emergency vehicles or personnel. The activity must not otherwise interfere with access to campus facilities or to other campus activities or events.

(6) Health and safety - Protection of property. The expressive activity must not create health or safety hazards, pose safety risks to others, or cause damage to college property or the property of others. The activity must be conducted in compliance with applicable fire, health, safety, and sanitation regulations.

(7) Advance notice requested. Campus and noncampus groups are requested to notify the college reasonably in advance of a planned or scheduled expressive activity. Such notice does not involve any permit application or approval process. Advance notice is requested for the purpose of avoiding scheduling conflicts and making appropriate security and facility use arrangements. Groups providing the requested notice are encouraged to provide the name and contact information for their group; the date, time and place of the activity; and the estimated number of participants.

(8) Cleanup - Repairs. Campus and noncampus groups using campus facilities for expressive activities are expected to clean up after the activity and return the facilities to their original condition. Reasonable charges may be assessed against responsible parties for the cost of any extraordinary cleanup or for repairing damaged property.

(9) Camping prohibited. There shall be no overnight camping anywhere on or in campus facilities, except as expressly authorized by the college for designated institutional purposes. Camping is defined to include sleeping, cooking, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(10) Other applicable policies or rules. The expressive activity must otherwise be conducted in compliance with any other applicable college policies and rules, local ordinances, and state or federal law.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 21-06-014, § 132Z-142-040, filed 2/19/21, effective 3/22/21.
Wash. Admin. Code § 132Z-142-050 Solicitation—Distribution of materials—Posting.

(1) Solicitation. Commercial solicitation generally is not permitted on college property. Solicitation by campus and noncampus groups for other than commercial purposes is permitted to the same extent applicable to the distribution of materials under subsection (2) of this section. Space in campus buildings may be rented to noncampus groups for commercial or noncommercial purposes in accordance with college policies applicable to the particular campus facility.

(2) Distribution of materials.

(a) Definition. The term "materials" for purposes of this subsection means free literature or other tangible items, other than commercial advertising including, but not limited to, handbills, pamphlets, petitions, surveys, questionnaires, and other printed matter that is otherwise lawful.

(b) Distribution on campus grounds. Campus and noncampus groups may distribute materials anywhere on the campus grounds as defined in WAC 132Z-142-020, provided such distribution does not substantially and materially interfere with essential college functions and is otherwise in compliance with applicable time, place, and manner regulations under WAC 132Z-142-040.

(c) Distribution in campus buildings. The distribution of materials in campus buildings as defined in WAC 132Z-142-020 is limited to campus groups in accordance with college policies applicable to the particular facility.

(d) Littering - Parking lots. Littering is prohibited. The general distribution of materials by placing them on vehicle windshields in college parking lots is deemed to constitute littering.

(3) Posting. The posting by campus groups of noncommercial advertising or other printed announcements is permitted in designated locations and for designated purposes in accordance with policies applicable to the particular campus facility. Posting of noncommercial announcements by noncampus groups is permitted in areas designated for publicizing community events.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 21-06-014, § 132Z-142-050, filed 2/19/21, effective 3/22/21.

Chapter 132Z-276 Access to public records.

Wash. Admin. Code § 132Z-276-010 Purpose.

The purpose of this chapter is to provide for public access to existing, identifiable, nonexempt public records of Cascadia College in accordance with the Public Records Act, chapter 42.56 RCW.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-010, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-010, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-020 Definitions.

(1) Public record. The term "public record" and other terms defined in the Public Records Act shall have the same meaning in this chapter that they have under the Public Records Act.

(2) Public Records Act. References in this chapter to the "Public Records Act" are to chapter 42.56 RCW.

(3) Requestor. A "requestor" is any person or entity requesting public records of the college pursuant to the Public Records Act.

(4) College. The term "college" means Cascadia College District No. 30.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-020, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-020, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-030 Description of the college.

(1) Mission - Governance. Cascadia College is a public institution of higher education established under chapter 28B.50 RCW as a community college offering academic and professional programs leading to the associate and applied baccalaureate degrees. The college is governed by a board of trustees appointed by the governor. The board appoints a president who serves as the chief executive officer responsible for the administration of the college.

(2) College campus. The campus of Cascadia College is located at 18345 Campus Way N.E., Bothell, Washington 98011. The college is collocated with the Bothell campus of the University of Washington. Cascadia College District No. 30 encompasses the boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties.

(3) Policies and procedures. College policies meeting the definition of a "rule" under the Administrative Procedure Act, chapter 34.05 RCW, are adopted by the board of trustees and published in Title 132Z of the Washington Administrative Code (WAC). Other college policies approved by the administration are published in college policies and procedures manuals.

(4) Documents index. As an institution of higher education, the college generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. The secretary of the college's board of trustees does maintain and publish on the college website a documents index of the board's approved meeting agendas and minutes. Inquiries may be directed to the secretary of the board in the office of the president.

(5) College website. The college's official website, available at www.cascadia.edu, provides general information about the college and its governing board, administration, educational programs, and policies and procedures. Persons seeking public records of the college are encouraged to view the records available on the website prior to submitting a records request.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-030, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-030, filed 3/17/15, effective 4/17/15. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-276-030, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-030, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-040 Public records officer.

(1) Designation. A public records officer designated by the college shall be responsible for responding to public records requests in accordance with the provisions of this chapter and applicable provisions of the Public Records Act, chapter 42.56 RCW. The duties of the public records officer under this chapter may be delegated to one or more public records assistants designated by the college.

(2) Duties. The public records officer shall oversee the college's compliance with the Public Records Act. The records officer (or designee) and the college are responsible for providing the fullest assistance to requestors of public records, for ensuring that public records are protected from damage or disorganization, and for preventing records requests from excessively interfering with essential institutional functions or unreasonably disrupting the operations of the college. The college may take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to college staff.

(3) Records office. Inquiries regarding public records of the college may be addressed to the public records officer at the following office address:

Public Records Officer

Cascadia College

18345 Campus Way N.E.

Bothell, WA 98011

425-352-8810

publicrecords@cascadia.edu

(4) Office hours. The regular office hours of the public records office are from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-040, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-040, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-050 Requests for public records.

(1) Written requests preferred. Requests for public records of the college may be addressed to the public records officer at the address given in WAC 132Z-276-040. The college encourages, but does not require, requestors to use the public records request form made available by the public records office on the college website (www.cascadia.edu/publicrecords). Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer.

(2) Contents of records requests. A request for public records must include the following information:

(a) The name and contact information of the person requesting the records;

(b) The requestor's mailing address, which may be an electronic mail address;

(c) The date and time of the request;

(d) A description of the requested records that is sufficiently detailed to enable the public records officer to identify and locate the records; and

(e) A statement indicating whether the requestor wishes to inspect the records or to receive copies of the records in paper or electronic form.

(3) Lists of individuals for commercial purposes. State agencies and institutions are not permitted to provide lists of individuals for commercial purposes. A request for lists of individuals must be accompanied by the requestor's signed declaration that the list will not be used for commercial purposes. The public records officer may inquire as to the requestor's intended use of the list and may deny the request if it is evident from the request that the list will be used for a commercial purpose.

(4) Assistance in identifying records. The public records officer may assist requestors in identifying the specific records sought by the requestor. With limited exceptions, a requestor may not be required to state the purpose of the request. However, the records officer may ask the purpose of the request if such inquiry will assist in identifying the records requested.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-050, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-050, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-050, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-060 Processing of records requests.

(1) Applicable law. Requests for public records will be processed in accordance with these rules and applicable provisions of the Public Records Act, chapter 42.56 RCW. Guidance concerning the application of these rules may be found in the advisory model rules adopted by the attorney general under chapter 44-14 WAC.

(2) Prioritizing of requests. Public records requests generally will be processed in the order in which they are received by the records office and within the staffing limitations of the office. However, the records office may expedite requests for a single record or for only a few records, if such records are easily identifiable and can be readily retrieved. The records office may ask, but not require, a requestor to prioritize the records the requestor is seeking.

(3) Clarification of requests. The public records officer may request clarification of a records request in accordance with applicable provisions of the Public Records Act. The requestor must respond to the request for clarification within thirty days of the request.

(4) Providing records by installment. If a requestor submits multiple records requests, or if a requestor seeks a large number of records or many different types of records, the public records officer may provide access to the records in installments in accordance with applicable provisions of the Public Records Act.

(5) Denial of bot requests. The public records officer may deny a bot request as defined under the Public Records Act, RCW 42.56.080(3), if responding to the multiple requests would cause excessive interference with other essential functions of the college and the records officer reasonably believes the request was automatically generated by a computer program or script.

(6) Closure of requests. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill the requestor's obligations to inspect records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and notify the requestor that the request has been closed.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-060, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-060, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-060, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-070 Records exempt from inspection or copying.

(1) Public Records Act exemptions. The Public Records Act, chapter 42.56 RCW, exempts from inspection or copying certain categories of records as set forth in the Public Records Act or under other statutes. The public records officer will disclose the existence of exempt records as required by law, but will deny the inspection or copying of such records to the extent that the records are exempt from inspection or copying under the Public Records Act or other applicable law.

(2) Commonly applied exemptions. The public records office maintains a list explaining the exemptions most commonly applied by the college in processing requests for public records. A copy of the list can be requested from the public records officer and will typically be provided by the records officer in responding to a request for records that are determined in whole or in part to be exempt from inspection or copying.

(3) Determining applicable exemptions. The public records officer may seek information from the requestor sufficient to determine whether another statute prohibits disclosure of the requested records. For example, student education records generally may not be disclosed to third parties without the student's written consent.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-070, filed 5/23/18, effective 6/23/18. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-276-070, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-070, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-080 Public records available for inspection.

(1) Scheduling of appointments. Public records identified as responsive to a public records request may be made available for inspection and copying during regular office hours by scheduling an appointment with the public records officer. The requestor must review the assembled records, or installment of records, within thirty days of being notified that the records are available for review. The records officer will notify the requestor in writing of this requirement and will ask the requestor to contact the records office to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the college may close the request.

(2) Protection of records. The public records officer will be responsible for providing full access to public records made available for inspection, for protecting the records from damage or disorganization, and for preventing excessive interference with essential college functions. Public records made available for inspection may not be removed from the office without the permission of the records officer.

(3) Copying of records. The public records officer will arrange for copying of any records designated by the requestor and will charge such copying fees as may apply under WAC 132Z-276-090.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-080, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-080, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-080, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-090 Copying fees—Payments.

(1) Fees and payment procedures. The following copying fees and payment procedures apply to requests to the college under chapter 42.56 RCW received on or after the effective date of this section.

(2) Inspection of records. There is no fee for inspecting public records made available for inspection by the public records officer under WAC 132Z-276-080.

(3) Actual costs not calculated. Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (a) The institution does not have the resources to conduct a study to determine all its actual copying costs; (b) to conduct such a study would interfere with other essential college functions; and (c) through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(4) Default fees adopted. The college will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The college will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the college are summarized in the fee schedule available on the college's website at www.cascadia.edu.

(5) Advanced payment required - Fee waivers. Requestors are required to pay for copies in advance of receiving records or an installment of records. The records officer will notify the requestor when payment is due. Fee waivers are an exception and are available for some small requests under the following conditions.

(a) It is within the discretion of the public records officer to waive copying fees when: (i) All of the records responsive to an entire request are paper copies only and consist of twenty-five or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(6) Copying fee deposits. The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceed twenty-five dollars.

(7) Payment method. Payment should be made by credit or debit card or by check or money order payable to Cascadia College. The college prefers not to receive cash. Cash payments will be accepted if made in the exact amount.

(8) Closure of request for nonpayment. The college will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-090, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-090, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-110 Review of denials of records requests.

(1) Petition for internal administrative review. A requestor who objects to the denial, or partial denial, of a records request may petition in writing to the public records officer for a review of that decision. The public records officer will promptly refer the petition to the office of the president. A senior administrator designated by the president will consider the petition and will render a decision within two business days following the initial receipt of the petition by the public records officer. The time for considering the petition may be extended by mutual agreement of the college and the requestor.

(2) Review by attorney general's office. A requestor who objects to the denial, or partial denial, of a records request may request the office of the attorney general to review the matter as provided in RCW 42.56.530 and WAC 44-06-160. Requests for attorney general review must be directed to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100.

(3) Judicial review. A requestor may obtain judicial review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative review.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-110, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-110, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-110, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-276-120 Court protection of public records.

(1) Notifying interested persons. The college, as required or permitted by law or contract, including any collective bargaining agreement, and in other appropriate circumstances, may notify persons named in a public record, or to whom the record specifically pertains, that release of the record has been requested and that such persons may apply to the superior court for a protective order under RCW 42.56.540.

(2) Applying for court protection. The college in appropriate circumstances may apply to the superior court for a protective order enjoining the examination of any specific public record in accordance with the procedures under RCW 42.56.540. Nothing in this chapter shall be construed as either requiring or prohibiting the college's application to the court for such an order.

History

  • Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 18-11-133, § 132Z-276-120, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 28B.50.140. WSR 15-07-091, § 132Z-276-120, filed 3/17/15, effective 4/17/15. Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. WSR 05-06-003, § 132Z-276-120, filed 2/17/05, effective 3/20/05. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-276-120, filed 7/2/96, effective 8/2/96.

Chapter 132Z-300 Grievance rules—Title IX.

Wash. Admin. Code § 132Z-300-010 Preamble.

Cascadia College is covered by Title IX of the Civil Rights Act of 1964 prohibiting sex discrimination in education. Applicants for admission, enrolled students, applicants for employment, or employees of Cascadia College who believe they have been discriminated against on the basis of sex may lodge an institutional grievance by following the procedures contained in this chapter.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-092, § 132Z-300-010, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-300-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-300-020 Informal procedure.

All employees and students should feel free to discuss perceived discrimination with the individual immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Employees and students may also consult directly with the district's affirmative action officer or designee without making a formal written complaint. Employees and students are not required to use the informal process and may go directly to the formal procedure.

Any district official receiving a discrimination complaint shall contact the affirmative action officer or designee as soon as reasonably convenient. The district official shall arrange for the complainant to receive a copy of the complaint procedure.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-300-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-300-030 Formal procedure.

Step one: Employees and students must make a written complaint concerning discriminatory behavior to the affirmative action officer or designee.

(1) Complaints may be held in confidence only to the extent allowed under Washington's public disclosure law, chapter 42.17 RCW. Formal action against the person accused may not be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation.

(2) The complainant may bring a person of his or her choice to the initial or subsequent complaint meetings.

(3) The affirmative action officer or designee shall give a copy of these regulations and any applicable board policy to the person making the formal complaint and to the accused.

(4) The result of that consultation and any investigation made may be communicated to the complainant before any further action is taken.

(5) An informal hearing may be substituted for investigation if the complainant and the accused agree. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the accused. The affirmative action officer will make a written recommendation to the president within a reasonable time following the close of the investigation or hearing.

(6) Appropriate corrective measures will be decided by the president of the district upon consultation with the affirmative action officer and the appropriate administrators or supervisors involved. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through the appropriate staff grievance procedures, if they are covered by an agreement, or the student disciplinary code.

(7) Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken. If no disciplinary action is taken, the affirmative action officer will keep a record of the investigation accessible to the president, the complainant and the accused for a period of three years and then that record will be destroyed. If a formal complaint is filed with an outside state or federal agency, files will be maintained until the complaint is resolved. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-300-030, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-300-040 Other remedies.

These procedures outlined in WAC 132Z-300-010 through 132Z-300-030, are internal district procedures and, as such, serve to resolve complaints within the district's administrative framework. These procedures do not replace an individual's right to timely file a complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-300-040, filed 7/2/96, effective 8/2/96.

Chapter 132Z-310 Grievance procedures—Disability.

Wash. Admin. Code § 132Z-310-010 Preamble.

Cascadia College is covered by section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibiting discrimination on the basis of handicap/disability in education. Applicants for admission, enrolled students, applicants for employment, or employees of Cascadia College who believe they have been discriminated against on the basis of handicap/disability may lodge an institutional grievance by following the procedures contained in this chapter.

History

  • Statutory Authority: RCW 28B.50.140. WSR 15-07-093, § 132Z-310-010, filed 3/17/15, effective 4/17/15. Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-310-010, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-310-020 Informal procedure.

All employees and students should feel free to discuss perceived discrimination with the individual immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Employees and students may also consult directly with the district's affirmative action officer or designee without making a formal written complaint. Employees and students are not required to use the informal process and may go directly to the formal procedure.

Any district official receiving a discrimination complaint shall contact the affirmative action officer or designee as soon as reasonably convenient. The district official shall arrange for the complainant to receive a copy of the grievance procedure.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-310-020, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-310-030 Formal procedure.

Step one: Employees and students must make a written complaint concerning discriminatory behavior to the affirmative action officer or designee.

(1) Complaints may be held in confidence only to the extent allowed by Washington's public disclosure law, chapter 42.17 RCW. Formal action against the person accused may not be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation.

(2) Complainants may bring persons of their choice to the initial or subsequent complaint meetings.

(3) The affirmative action officer or designee shall give a copy of these regulations and any applicable board policy to the person making the formal complaint and to the accused.

(4) The result of that consultation and any investigation made may be communicated to the complainant before any further action is taken.

(5) An informal hearing may be substituted for investigation if the complainant and the accused agree. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the accused. The affirmative action officer will make a written recommendation to the president within a reasonable time following the close of the investigation or hearing.

(6) Appropriate corrective measures will be decided by the president of the district upon consultation with the affirmative action officer and the appropriate administrators or supervisors involved. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through the appropriate staff grievance procedures, if they are covered by an agreement, or the student disciplinary code.

(7) Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken. If no disciplinary action is taken, the affirmative action officer will keep a record of the investigation accessible to the president, the complainant and the accused for a period of three years and then that record will be destroyed. If a formal complaint is filed with an outside state or federal agency, files will be maintained until the complaint is resolved. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-310-030, filed 7/2/96, effective 8/2/96.
Wash. Admin. Code § 132Z-310-040 Other remedies.

These procedures, outlined in WAC 132Z-310-010 through 132Z-310-030, are internal district procedures and, as such, serve to resolve complaints within the district's administrative framework. These procedures do not replace an individual's right to timely file a complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-310-040, filed 7/2/96, effective 8/2/96.

Chapter 132Z-325 State Environmental Policy Act rules.

Wash. Admin. Code § 132Z-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Cascadia Community College that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), chapters 197-11 and 132-24 WAC.

(2) The president of the district or designee shall be responsible for administering and implementing this policy.

History

  • Statutory Authority: Chapter 28B.50 RCW. WSR 96-14-098, § 132Z-325-010, filed 7/2/96, effective 8/2/96.

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