Title 132h WAC — Bellevue College

Chapter 132H-106 Bylaws and standing orders of Community College District VIII.

Wash. Admin. Code § 132H-106-010 Board of trustees.

The board of trustees is an agency of the state and derives its authority as described in RCW 28B.50.100 and 28B.50.140. It shall be the responsibility of the board of trustees to establish policy and to evaluate the total college program. The board of trustees shall appoint a college president to administer the college and shall delegate to them the authority and responsibility for implementation of board policy.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-104, s 132H-106-010, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.100 and 28B.50.140. WSR 09-07-048, § 132H-106-010, filed 3/11/09, effective 4/11/09. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-010, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-105-010.

Wash. Admin. Code § 132H-106-020 Offices of the board of trustees.

The board of trustees shall maintain an office at Bellevue College, 3000 Landerholm Circle S.E., Bellevue, Washington 98007-6484, where all records, minutes and the official college seal shall be kept.

Persons may obtain information from and submit written comments or requests to the secretary of the board who is located in this office.

History

Statutory Authority: RCW 28B.50.100 and 28B.50.140. WSR 09-07-048, § 132H-106-020, filed 3/11/09, effective 4/11/09. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-020, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-105-020.

Wash. Admin. Code § 132H-106-030 Meetings of the board of trustees.

Meetings may be held upon request by the chair or by a majority of the members of the board.

The board of trustees customarily holds a regular meeting at such time and place as it may designate every four to six weeks from January through June and from October through December. Exact board meeting dates may be found in the Washington State Register or on the board of trustees website.

(1) All regular and special meetings of the board of trustees shall be announced and held in accordance with chapter 42.30 RCW (the Open Public Meetings Act).

(2) No official business shall be conducted by the board of trustees except during a regular or special meeting.

(3) The board of trustees may convene in executive session whenever it is deemed necessary pursuant to RCW 42.30.110.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-104, s 132H-106-030, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 02-10-067, § 132H-106-030, filed 4/26/02, effective 5/27/02. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-030, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-105-030.

Wash. Admin. Code § 132H-106-040 Officers of the board.

The board annually elects from its membership a chair and vice chair to serve for the ensuing year. The president of Bellevue College or the president's designee serves as secretary to the board of trustees as specified by RCW 28B.50.100.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-104, s 132H-106-040, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.100 and 28B.50.140. WSR 09-07-048, § 132H-106-040, filed 3/11/09, effective 4/11/09. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-040, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-105-070.

Wash. Admin. Code § 132H-106-050 Seal and name of the college.

The board of trustees of Community College District VIII shall maintain an official seal for use upon any or all official documents of the board. The seal shall have inscribed upon it the name of the college which shall be: Bellevue College.

History

Statutory Authority: RCW 28B.50.100 and 28B.50.140. WSR 09-07-048, § 132H-106-050, filed 3/11/09, effective 4/11/09. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-050, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-105-110.

Wash. Admin. Code § 132H-106-055 Organization/operation of the college.

(1) Organization: Bellevue College, Community College District VIII is established in Title 28B RCW as a public institution of higher education. The institution is governed by a six-member board of trustees, appointed by the governor. The board employs a president, who acts as the senior executive officer of the institution. The president establishes the structure of the administration.

(2) Operation: The administrative office is located at the following address: 3000 Landerholm Circle S.E., Bellevue, Washington 98007-6484. Educational operations may be located at other sites throughout the district. The office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. During the summer months the college operates on an alternate schedule, and throughout the year, some evening services are provided. Specific information is available through the college public information office and at the college website.

(3) Additional and detailed information concerning the educational offerings may be obtained at the college website bellevuecollege.edu.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-104, s 132H-106-055, filed 3/19/25, effective 4/19/25.

Wash. Admin. Code § 132H-106-060 Bylaws of the board of trustees.

Bylaws of the board may be revised by majority vote of the board.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-13-093 (Order 111, Resolution No. 202), § 132H-106-060, filed 6/17/92, effective 7/18/92. Formerly WAC 132H-106-060.

Chapter 132H-108 Formal hearing rules for contested case hearings.

Wash. Admin. Code § 132H-108-410 Model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found at 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 adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-410, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-420 Appointment of presiding officers.

The president or president's 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 their designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 24-05-058, § 132H-108-420, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-420, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-430 Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available, pursuant to the model rules of procedure in WAC 10-08-170.

History

Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-430, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-440 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing, and signed by the applicant or the applicant's representative. The application for an adjudicative proceeding should specify the issue to be decided in the proceeding. Applications should be submitted to the office of the president in person or by mail at the following address: 3000 Landerholm Circle, S.E., Bellevue, Washington 98007.

Written application for an adjudicative proceeding should be submitted to the above address within 20 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(13) and chapter 34.05 RCW. WSR 24-05-058, § 132H-108-440, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-440, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-450 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.491, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;

(2) Disputes concerning educational records;

(3) Student conduct proceedings. The procedural rules in chapter 132H-126 WAC apply to these procedures;

(4) Parking violations. The procedural rules in chapter 132H-116 WAC apply to these proceedings;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132H-400 WAC.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 24-05-058, § 132H-108-450, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-450, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-460 Discovery.

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

History

Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-460, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-470 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should 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 10 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 therefore in writing within 20 days of receiving the request.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 24-05-058, § 132H-108-470, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-470, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-108-480 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132H-108-410, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-480, filed 4/18/90, effective 5/19/90.

Chapter 132H-116 Parking and traffic rules.

Wash. Admin. Code § 132H-116-015 Purpose.

(1) Under RCW 28B.50.140(10) the board of trustees of Community College District VIII has the authority to establish rules and regulations for pedestrian and vehicular traffic over property owned, operated, or maintained by the college district.

(2) The objectives of these regulations are:

(a) To protect and control pedestrian and vehicular traffic on property owned, operated, or maintained by the college district.

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

(d) To facilitate the operation of the college by providing adequate access to vehicles.

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

(f) To protect state property.

(3) If any provision of this chapter is adjudged by a court to be contrary to law, the remaining provisions shall continue to be in effect.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-015, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-025 Definitions.

For the purpose of this chapter, the following terms and definitions shall apply:

(1) Board: The board of trustees of Community College District VIII, state of Washington.

(2) Campus: Any and all real property, operated, controlled, or maintained by Bellevue College.

(3) Public safety office: Unit of the college accountable to the vice president of administrative services and responsible for campus security, public safety, emergency operations, parking and traffic control.

(4) Public safety officers: Employees of the college accountable to the vice president of administrative services and responsible for campus security, public safety, emergency operations, and parking and traffic control.

(5) Student: 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. Persons who withdraw, graduate, or complete courses after the date of a reported violation, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students."

(6) Faculty members: Any person employed by the college as an instructor, counselor, librarian, program or department chair, or in any other position for which the training, experience, or responsibilities are comparable as determined by the appointing authority.

(7) Staff: The administrative employees, classified members, and part-time staff employed by the college.

(8) Visitor(s): Person(s) who come on to campus as guest(s), or who lawfully visit the campus and are neither employees nor students of the institution.

(9) Pedestrian: A person who is not driving or otherwise occupying a vehicle.

(10) Permit: A properly displayed document, card, or sticker, issued by the public safety office, that authorizes a vehicle to park in designated areas on the campus. Parking permits may also be virtual in nature and identified by other means, such as a license plate.

(11) Carpool: Groups of two or more people, including faculty, staff, or students, who commute to the college in the same vehicle and who have obtained a carpool permit.

(12) Vehicle: Any motorized or electric automobile, truck, motorcycle or moped that requires a DMV license plate to be displayed.

(13) Foot propelled device: Wheeled devices including, but not limited to, bicycles, skateboards, roller skates, or roller blades that are designed or used for recreation and/or transportation purposes. Foot propelled devices may be supplemented by battery power.

(14) Idling: The running of an engine that supplies the motive power for a vehicle, when not for the purpose of moving the vehicle with the normal flow of traffic on a street or roadway.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-025, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-035 Parking permits and parking locations.

(1) The vice president of administrative services or designee is authorized to issue all parking permits.

(2) Parking permit fees shall be established, as appropriate, by the college's board of trustees. Once fees have been established and approved the college president may adjust the fees. For represented employees, fees will be in accordance with applicable collective bargaining agreements (CBAs).

(3) No person shall park, or leave any vehicle, whether attended or unattended, on the campus of Bellevue College without a valid Bellevue College permit, a valid disability placard or license plate, or a government agency license plate.

(4) Permits issued by the public safety office shall be displayed in accordance with the instructions issued with the permit. Permits not displayed in accordance with the instructions issued with the permit are invalid. Vehicles that fail to display a permit in accordance with the instructions shall be subject to citation.

(5) Parking permit types: Bellevue College parking permits include current, temporary, or special permits and are valid for the date(s), times, and locations specified on the permits. Parking permits are required and lots are monitored 24 hours a day and seven days a week. All permits must be displayed according to the instructions on the permit or as described below. Bellevue College parking permits are issued by the public safety office or through authorized distribution points (e.g., a temporary parking permit kiosk). Permits include, but are not limited to, the following:

(a) Carpool permits: Faculty, staff, or students can apply for this permit through public safety. One permit will be issued for each carpool and may only be used among the registered members of the group. Carpool vehicles must also display or obtain a regular student or employee permit.

(b) Daily and hourly permits: Daily and hourly parking permits are available through the public safety office or through designated locations across campus.

(c) Employee permits: Parking permits for faculty and staff of Bellevue College. Registered volunteers are eligible for an employee permit.

(d) Discount student permits: Discounted student parking permits for students of Bellevue College that may be used in general parking lots.

(e) Guest permits: Temporary permits may be issued to guests of the college (including, but not limited to, guest speakers, job candidates, or visiting officials).

(f) Motorcycle permits: Issued by the public safety office for motorcycles.

(g) Special events: Temporary reserved parking for conferences, seminars, and other special events, can be reserved through the events office or public safety. Requests should be submitted by at least 10 business days in advance.

(h) Student permits: Parking permits for students of Bellevue College.

(6) Transfer of permits:

(a) With the exception of carpool permits, parking permits are not transferable. If a vehicle is sold or traded, the permit holder may retain their permit and use it on a different vehicle so long as they update their vehicle information with the public safety office.

(b) Permits may be reissued as authorized by the director of public safety.

(7) Parking permit refunds: In cases where a permit is no longer needed, employee or student permit holders may request a partial refund from public safety using the refund form on the public safety web page. Refund amounts will be based on the following:

(a) Parking permit fees will be refunded at 100 percent less five dollars when the refund form is received by the fifth instructional day of the quarter.

(b) Parking permit fees will be refunded at 50 percent when the refund form is received by the sixth instructional day through the 20th instructional day of the quarter.

(c) Parking permit fees will not be refunded when the refund form is received after the 20th instructional day of the quarter.

(d) The parking permit document, card, or sticker must be returned with the refund form when requesting a refund for it to be considered submitted. In the case of a virtual permit, the permit holder must notify public safety in writing using the refund form; however, no physical permit must accompany the form.

(8) A map of the designated parking lots/spaces on campus can be found on the college website and are also noted across campus with parking lot signs. When parking on campus, license plates must be clearly visible.

(9) Students, staff, faculty, and visitors may park on campus as follows:

(a) Student parking permits are valid only in areas designated for student parking, daily metered parking, and general parking.

(b) Staff/faculty parking permits are valid in the areas designated for employee parking, daily metered parking, and general parking.

(c) Visitors are subject to the parking regulations of Bellevue College and are required to have a valid temporary permit. Temporary parking permits are valid only in the area(s) designated in the temporary parking permit.

(10) Parking locations include, but are not limited to, the following:

(a) Disability parking spaces: Only vehicles displaying a valid state of Washington placard or license plate may park in designated disability spaces. Vehicles with disability placards or plates may park in any employee, student, metered, or general parking area on campus.

(b) Electric charging stations: A valid parking permit is required to park in electric vehicle charging spaces. Vehicles must be actively charging while parked in electric charging spaces.

(d) Employee parking: Requires an employee permit. Bellevue College also provides 24-hour employee parking where employees may leave their vehicle overnight after notifying public safety.

(e) General parking: Available for use by all permit holders.

(f) Guest or special event parking: Guests may park in designated areas with either a guest or special event permit issued by the public safety office.

(g) Motorcycle parking: Motorcycles may park in employee or student lots in accordance with the permit type or areas designated for motorcycle parking.

(h) Reserved parking: Includes loading docks or other specially reserved areas (including, but not limited to, emergency response, college, or official visitor vehicles).

(i) Student parking: Requires a student permit (daily permits are allowed). Also includes limited weekday permits (including, but not limited to, Monday/Wednesday and Tuesday/Thursday student permits).

(j) Visitors: Visitors may park in designated lots with the purchase of an hourly or daily permit.

(11) Parking within designated spaces:

(a) No vehicle shall be parked on the campus except in those areas set aside and designated as parking areas.

(b) 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 shall not constitute an excuse for a violation of this section.

(c) No vehicle shall be parked at any time in campus roadways, fire lanes, bus zones, loading zones, service driveways, walkways, courtyards, or in the landscaping except emergency vehicles, college owned vehicles, and designated service vehicles.

(d) No recreational vehicle (RV), motorhome, or vehicle used as a temporary or permanent dwelling shall be parked on campus overnight.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-035, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-045 Traffic and parking regulations.

(1) The authority and powers conferred upon the vice president of administrative services or the director of public safety by these regulations may be delegated to other college employees.

(2) Parking shall be allocated by the vice president of administrative services consistent with the objectives of these regulations.

(3) The applicable parking and traffic rules and regulations for Bellevue College include:

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

(b) The traffic code of the city of Bellevue.

(d) In case of conflict among the provisions of the motor vehicle and other traffic laws of the state of Washington or the traffic code of the city of Bellevue and Bellevue College parking and traffic regulations, the provisions of the state of Washington motor vehicle laws shall govern.

(4) Regulatory signs, markings, barricades:

(a) The vice president of administrative services is authorized to erect signs, barricades, and other structures and to paint marks and other directions upon the streets and parking areas owned, operated, and maintained by the college.

(b) Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions erected pursuant to this section. Drivers shall also comply with directions given to them by a campus public safety officer or other authorized college personnel controlling and regulating traffic or parking.

(c) No person without authorization from the vice president of administrative services shall move, deface, or in any other way change a sign, barricade, structure, marking or direction so placed, or previously placed, for the purpose of regulating traffic or parking.

(5) The regulations governing permits and parking within designated spaces shall not apply to the drivers of state-owned vehicles operated by Bellevue College in the performance of assigned functions.

(6) During special occasions that may cause additional and/or heavy traffic and during emergencies, the director of public safety is authorized to impose additional traffic and parking regulations to achieve the specified objectives of this chapter.

(7) The registered owner of the vehicle is responsible for their vehicle parked on campus. They shall be held responsible for all violations of these rules and regulations charged to that vehicle. However, the operator of a vehicle will not be relieved of responsibility for violating any rule or regulation of this chapter simply because they are not also the registered owner of the vehicle.

(8) Vehicles shall not exceed five miles per hour in parking lots, or 20 miles per hour on campus roads, or such lower speeds as may be reasonable and prudent based on the circumstances or as otherwise posted.

(9) No person driving or otherwise responsible for a motor vehicle shall permit it to stand unattended without first:

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

(b) Stopping the engine, turning off the vehicle or otherwise rendering the vehicle immobile.

(10) Vehicles standing or stopped, whether idling or parked, are subject to the rules under RCW 46.61.570 and Bellevue College policies and procedures and may be subject to citation or impoundment in accordance with such rules. Engine idling is prohibited in no parking zones on campus. Outside of no parking zones, employees, students, and visitors are encouraged to avoid unnecessary idling in order to create a safer and cleaner campus.

(11) Pedestrian's right of way:

(a) The operator of a vehicle shall yield right of way, slowing down or stopping, if need be, to so yield to any pedestrian, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible or unsafe for the driver to yield.

(b) 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 such a vehicle which has slowed or stopped to yield to pedestrian traffic.

(12) Motorcycles and mopeds:

(a) Motorcycles and mopeds are subject to all traffic and parking rules and regulations controlling other vehicles.

(b) Motorcycles and mopeds must be parked in designated areas.

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

(13) Foot propelled devices:

(a) Bicycles shall be secured in designated areas only. Unattended or improperly secured bicycles may be removed by public safety officers. Public safety patrol bicycles are exempt.

(b) No foot propelled devices shall be operated on or in campus walkways, corridors, courtyards, hallways or buildings unless their use is required as part of the educational process in an authorized program, with the exception of public safety patrol bicycles.

(14) The operator of any vehicle or foot propelled device involved in an accident on campus shall within 24 hours report such accident to the public safety office. This does not relieve any person so involved in an accident from their responsibility to file a state of Washington motor vehicle accident report.

(15) Any vehicle theft or theft from a vehicle that occurs on campus should be reported to the public safety office promptly.

(16) Except for college owned and/or operated vehicles, the college assumes no liability under any circumstances for vehicles on college properties.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-045, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-055 Disability parking.

Vehicles displaying a valid state of Washington disability parking placard or license plate may park in parking spaces or areas reserved for persons with physical disabilities pursuant to RCW 46.19.030.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-055, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-065 Enforcement.

(1) The vice president of administrative services is responsible for parking and traffic management on campus. The director of public safety has the authority to enforce all college parking and traffic rules and regulations and to delegate that authority.

(2) Parking rules and regulations will be enforceable throughout the calendar year on a 24-hour daily basis.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-065, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-075 Citations.

(1) Citations will be issued based on reasonable cause to believe that a violation of these rules and regulations has occurred. Citations are issued by affixing a copy of the citation on the vehicle.

(2) Grounds for the issuance of citations include, but are not limited to:

(a) No valid parking permit displayed or on record;

(b) Blocking or impeding traffic;

(d) Improperly displayed parking permit;

(e) Improper use of carpool permit;

(f) Parking a nonelectric/hybrid vehicle in an electric/hybrid space;

(g) Vehicles parked:

(i) In a disability space without a valid placard or license plate;

(ii) Over designated time limit;

(iii) In an area not designated for parking;

(iv) In an area not authorized;

(v) On or blocking a walkway;

(vi) In a marked no parking area;

(vii) In landscaping;

(viii) In a reserved area without a special permit;

(ix) In fire lane or impeding access to a fire hydrant;

(x) In two or more spaces;

(xi) In excess of 24 hours without prior approval.

(3) The college charges the following monetary fines for the following violations:

(a) Twenty-five dollar fine:

(i) No valid parking permit displayed or on record;

(ii) Improperly displayed parking permit;

(iii) Parked over designated time limit;

(iv) Parked in two or more spaces;

(v) Parked in excess of 24 hours without prior approval;

(vi) Parking a nonelectric/hybrid vehicle in an electric/hybrid space;

(vii) Parking in an electric/hybrid vehicle charging space while not actively charging.

(b) Fifty dollar fine:

(i) Blocking or impeding traffic;

(ii) Parked on or blocking a walkway;

(iii) Parked in an area not designated for parking;

(iv) Parked in an area not authorized;

(v) Parked in a marked no parking area;

(vi) Parked in landscaping;

(vii) Parked in a reserved area without a special permit;

(viii) Parked in a fire lane or impeding access to a fire hydrant;

(ix) Improper use of a carpool permit;

(x) Parked in a reserved area without a special permit.

(d) Two hundred fifty dollar fine: Parked in a disability space without a valid placard or license plate.

(4) The registered owner of the vehicle is responsible for all fees and fines associated with violations of the college's parking rules and policies.

(5) Citations that are not appealed within 21 calendar days or paid within 21 calendar days may be subject to the following actions:

(a) Vehicle impoundment in accordance with WAC 132H-116-085;

(b) Denial of future parking privileges, whether student, employee, or visitors;

(6) An accumulation of citations that are not responded to and resolved, by payment or appeal, by a student or college employee may be cause for disciplinary action. Students in violation may be referred to the student conduct officer for disciplinary action. Employees in violation may be referred to human resources for disciplinary action. For represented employees, disciplinary action will be in accordance with applicable CBAs.

(7) Parking permits are the property of the college, and may be denied or revoked by the public safety director for any of the following reasons:

(a) When the purpose for which the permit was issued changes or no longer exists;

(b) When a permit is used by an unregistered vehicle or by an unauthorized person;

(d) Counterfeiting or altering a permit;

(e) Falsification on a parking permit application;

(f) Failure to comply with a final decision of the citation review committee or appeal authority.

(8) Vehicles displaying revoked permits will be subject to citation.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-075, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-085 Impoundment.

(1) In addition to imposing fines, the vice president of administrative services and the director of public safety are authorized to impound a vehicle parked on college property on the following grounds:

(a) Creating a safety hazard.

(b) Leaving a vehicle running and unattended.

(c) Vehicles parked in excess of 72 consecutive hours without prior approval from the public safety office are considered abandoned or unattended and are subject to impoundment at the registered owner's risk and expense. No vehicle, other than college owned or leased vehicles, shall be parked on college property in excess of 24 hours without prior documented approval from the public safety office. Vehicles parked on campus in excess of 24 hours, without prior documented approval from the public safety office, are subject to citation. Once a vehicle has accumulated three consecutive citations, public safety will place one impound warning on a vehicle. After 24 hours have passed since an impound warning was placed on a vehicle it may be towed.

(d) Parking:

(i) In a marked "tow away" or "no parking" zone.

(ii) Without a valid disability permit or license plate in a space reserved for persons with physical disabilities.

(iii) Anywhere other than a designated parking area.

(e) Vehicles impeding access to:

(i) A roadway so as to impede the flow of vehicular and pedestrian traffic;

(ii) A walkway so as to impede the flow of pedestrian traffic;

(iii) A fire lane or impeding access to a fire hydrant including parking within 15 feet of a fire hydrant; or

(iv) The use of another legally parked vehicle.

(f) Accumulation of unpaid citations: An individual who accumulates four or more unpaid citations, after the deadline issued on the citations or after any appeal, is subject to having their vehicle impounded.

(2) Vehicles shall be impounded subject to the following terms and conditions:

(a) The expenses of impoundment and storage shall be charged to the registered owner of the vehicle and must be paid prior to the vehicle's release.

(b) The college shall not be liable for loss or damage of any kind resulting from the impound or storage of an impounded vehicle.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-085, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 132H-116-095 Appeals.

(1) Appeals of fines and penalties:

(a) Anyone who receives a citation for an alleged violation of these parking and traffic rules has the right to appeal.

(b) Appeals must be submitted within 21 calendar days from the date the citation is issued. Appeals are to be submitted in writing through the online form on the public safety website. A person who fails to file a written appeal in conformance with these rules shall be deemed to have waived the right to appeal.

(c) If an individual is in possession of an ADA placard that was not visibly present on the vehicle while parking in an ADA space their citation will be automatically waived, if they can provide documentation to public safety that the placard is registered to them.

(d) Grounds for parking citation appeals include, but are not limited to, the following:

(i) Incomplete or incorrect citation;

(ii) Received citation within 20 minutes of paying for parking;

(iii) Financial hardship.

(2) Citation review committee:

(a) Appeals shall be considered by the Bellevue College citation review committee in a brief adjudicative proceeding pursuant to procedures set forth in chapter 132H-108 WAC. The citation review committee may uphold, reduce, or waive the fine(s) associated with the parking and traffic citation.

(b) Any fine(s) still levied against the appellant must be paid within the specified deadline in the committee's initial order, unless the appellant seeks review of the committee's initial order.

(c) Nonpayment after the deadline has passed may result in any of the college actions referred to under WAC 132H-116-075 and 132H-116-085.

(d) The committee is made up of one student, one faculty representative and one classified staff representative. An exempt employee may substitute for a classified staff or faculty member for no longer than 120 days while an appropriate classified staff or faculty member can be identified. The committee members are appointed by the vice president of administrative services upon consultation with representative groups. The assistant director of public safety will serve as the nonvoting presiding officer of the committee. A public safety representative will serve as a nonvoting advisor and provide administrative support to the committee.

(e) The citation review committee will hold regularly scheduled meetings throughout the academic year.

(f) The committee shall consider each appeal on its merits based upon the parking and traffic regulations.

(g) Appellants may request to present their case to the appeals committee. In such case, an appellant will be notified of the hearing date and location via the email address they provided in their appeal. Hearings may be held virtually. If an appellant does not request to present their appeal or does not appear at the hearing, the committee will make a decision in the appellant's absence and consider the written appeal during its deliberations.

(h) The committee will issue an initial order containing a brief statement with the reasons for its decision within 10 calendar days after the hearing. Decisions will be communicated by email and first-class mail. Any fine(s) levied against the appellant in the initial order must be paid within 21 calendar days after the committee has issued a decision and mailed its initial order, unless the appellant seeks review of the initial order.

(i) Default decision: If the committee, without a showing of good cause, fails to conduct a hearing on an appeal within 60 days of receiving the notice of appeal, the fine shall automatically be considered waived.

(3) Review of initial order: An appellant who is not satisfied with the initial order has the right to seek review by the director of public safety. The appellant must submit their appeal using the online appeal form. An appeal from the initial order must be submitted within 21 calendar days of receiving the initial order. The director of public safety will issue a final order containing a written explanation of their decision within 10 calendar days after receiving the request for review. The director of public safety's decision constitutes final agency action and may be judicially appealed pursuant to the procedures set forth in chapter 34.05 RCW.

(4) Any appellant who has paid the fine(s) affirmed or set by the citation review committee has forfeited the right to an appeal.

(5) Right to appeal revocation: As established by WAC 132H-108-450(4), parking permit denials or revocations may be appealed to the vice president of administrative services. Appeals are to be submitted in writing through the online form on the public safety website.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 22-13-135, § 132H-116-095, filed 6/17/22, effective 7/18/22.

Chapter 132H-121 General conduct.

Wash. Admin. Code § 132H-121-010 Smoking.

It shall be the policy of Bellevue College, consistent with its efforts to promote wellness, fitness, and a campus environment conducive to work, study, and activities for staff, students, and the public, to maintain a smoke/tobacco free indoor campus environment. Smoking and tobacco use is permitted only in designated locations. Receptacles for smoking materials are provided and are required to be used to maintain litter free campus grounds.

Information regarding the Bellevue College smoking policy is available in Campus Operations, located in K100.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-08-008, § 132H-121-010, filed 3/25/21, effective 4/25/21. Statutory Authority: RCW 28B.15.605. WSR 00-21-013, § 132H-121-010, filed 10/6/00, effective 11/6/00. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-051, § 132H-121-010, filed 9/10/92, effective 10/11/92.

Wash. Admin. Code § 132H-121-030 Definitions.

For the purposes of this chapter, the following definition shall apply:

"College property" shall include, but not be limited to, all campuses of the college, wherever located, and all college-controlled land, buildings, facilities, vehicles, equipment, and any other property owned or used by the college, including study abroad program, retreat, and conference sites.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-08-008, § 132H-121-030, filed 3/25/21, effective 4/25/21.

Wash. Admin. Code § 132H-121-040 Weapons.

Possessing, holding, wearing, transporting, storing, or exhibiting any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohibited on college property, subject to the following exceptions:

(1) Commissioned law enforcement personnel or legally authorized military personnel are not subject to these restrictions while in performance of their duties;

(2) Bank-related security personnel required by their office to carry such weapons or devices are not subject to these restrictions;

(3) Licensed and bonded third-party security personnel hired for hosted events are not subject to these restrictions, subject to approval by the director of public safety;

(4) An individual with a valid concealed weapons permit may store a pistol in their vehicle parked on college property in accordance with RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view;

(5) The president or their designee may grant permission to bring a weapon on campus upon a determination that the weapon is reasonable and related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission;

(6) Possession of a knife or ceremonial dagger for religious purposes is not prohibited. Maximum length of the knife or ceremonial dagger should not exceed seven inches in length;

(7) Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited;

(8) Possession of knives for cooking or cutting instruments used for the purposes of work on campus is not prohibited.

Violations of this section will be subject to appropriate disciplinary and/or legal action.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-08-008, § 132H-121-040, filed 3/25/21, effective 4/25/21.

Wash. Admin. Code § 132H-121-050 Fireworks.

The possession, distribution, or discharge of fireworks is prohibited on college property. The city of Bellevue prohibits the discharge of fireworks by ordinance within city limits. Violations of this section will be subject to appropriate disciplinary and/or legal action.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-08-008, § 132H-121-050, filed 3/25/21, effective 4/25/21.

Chapter 132H-122 Student financial debts.

Wash. Admin. Code § 132H-122-010 Statement of policy.

(1) Bellevue College expects students who owe a debt for tuition and fees, housing, financial aid, fines, and other fees to pay the amount they owe, or set up a payment plan, and to contact the college for additional information, if needed.

(2) Students have the right to ask for details related to the debt, and to appeal a debt.

(3) The finance office is responsible for the implementation of this policy.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-105, s 132H-122-010, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-04-004, § 132H-122-010, filed 1/19/23, effective 2/19/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-054, § 132H-122-010, filed 9/10/92, effective 10/11/92.

Wash. Admin. Code § 132H-122-020 Student financial debt procedures.

(1) The college may take the following actions for nonpayment of outstanding student debt:

(a) Place a hold, on a student's account if they owe a debt for housing, financial aid, or tuition. A hold prevents enrollment for future quarters.

(b) Drop students for nonpayment of tuition and fees in excess of $300 at any time.

(c) Refer past due debts that exceed $100 to a collection agency. Unpaid charges and balances become past due after the tuition payment deadline of 30 days from the start of the quarter. The college will make no less than three attempts (two balance due notices and a final notice) to notify the student of the outstanding debt. Past due debts may be sent to a collection agency after 30 days have elapsed from the time the final notice was attempted.

(2) Prior to referral, students will receive notice via their Bellevue College email. The notice will include at a minimum the following information:

(a) The amount of the debt owed;

(b) The nature of the debt;

(d) Contact information for the finance office and/or staff member who can provide more information, and/or set up a payment plan;

(e) The deadline for payment of the debt; and

(f) Any consequences that may result from nonpayment of the debt.

(3) Reporting requirements: The college follows the state reporting rules related to the use of holds, debt levels, and collection practices.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-105, s 132H-122-020, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-04-004, § 132H-122-020, filed 1/19/23, effective 2/19/23. Statutory Authority: RCW 28B.50.140. WSR 02-14-008, § 132H-122-020, filed 6/20/02, effective 7/21/02. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-054, § 132H-122-020, filed 9/10/92, effective 10/11/92.

Wash. Admin. Code § 132H-122-030 Debt dispute and appeal.

Students may submit an appeal through the enrollment services website if they believe that an error has been made in the assessment of the debt, if they face undue hardship, or if other extenuating circumstances warrant reconsideration. Directions for appeal can be found on the enrollment services website. Appeals must be submitted within 180 calendar days from the end of the quarter where charges were incurred.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-105, s 132H-122-030, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-04-004, § 132H-122-030, filed 1/19/23, effective 2/19/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-054, § 132H-122-030, filed 9/10/92, effective 10/11/92.

Chapter 132H-126 Student conduct code of Bellevue College.

Wash. Admin. Code § 132H-126-010 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140, delegates to the president of Bellevue College the authority to administer student disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student affairs or designee and/or the designated student conduct officer. A student conduct officer shall serve as the principal investigator and administrator for reported violations of this code.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-010, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-010, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-010, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-020 Statement of student rights.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community.

The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy, which are deemed necessary to achieve the educational goals of the college:

(1) Academic freedom.

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

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

(c) Students shall be protected from academic evaluation that is arbitrary, prejudiced, or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(d) Students have the right to a learning environment that is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

(2) Due process.

(a) The rights of students to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures is guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this code of student conduct is entitled, upon request, to procedural due process as set forth in this chapter.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 19-01-082, § 132H-126-020, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-030 Statement of jurisdiction.

(1) The student conduct code shall apply to conduct by students or student groups that occurs:

(a) On college property;

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

(c) Off-campus, if in the judgment of the college the conduct adversely affects the college community, the pursuit of its objectives, or the ability of a student or staff to participate in the college's programs and activities.

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

(3) The college 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.

(4) Students are responsible for their conduct from the time of application for admission through the actual award of a 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) In addition to initiating discipline 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 shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-030, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-030, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 19-01-082, § 132H-126-030, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-040 Definitions.

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

(1) "Business day" means a weekday, excluding weekends and college holidays.

(2) "College official" is an employee of the college performing assigned administrative, security, professional, or paraprofessional duties.

(3) "Collegeproperty" shall include, but not be limited to, all campuses of the college, wherever located, and all college-controlled, owned, rented, leased, occupied, or used land, buildings, structures, property, vehicles, equipment, office space, parking lots, any other property and/or college-hosted online platforms utilized by the college for any education programs and activities.

(4) "Complainant" is a student or another member of the college community who is allegedly directly affected by a reported violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may report concerns. A complainant who is directly affected by a claimed violation of this student conduct code is afforded certain rights including, but not limited to:

(a) The right to be informed of all orders issued in the disciplinary case in which the person is a complainant;

(b) The right to appeal a disciplinary decision or dismissal of their complaint; and

(5) "Conduct review officer" is the college administrator designated by the president to be responsible for receiving and reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code.

(6) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code. A written or verbal warning is not disciplinary action.

(7) "Disciplinary appeal" is the process by which an aggrieved student party can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or an expulsion are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings (BAP).

(8) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official. Unless otherwise provided, filing shall be accomplished by:

(a) Hand delivery of the document to the specified college official or college official's assistant; or

(b) Sending the document by email to the college official's official college email;

(d) Sending by first class or certified mail to the specified college official's office address.

(9) "Pregnancy or related conditions" means:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(10) "President" is the president of the college. The president is authorized to:

(a) Delegate any of their responsibilities as set forth in this chapter as may be reasonably necessary; and

(b) Reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.

(11) "Respondent" is a student who is alleged to have violated the student conduct code.

(12) "Service" is the process by which a document is officially delivered to a party. Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail. Unless otherwise provided, service upon a party shall be accomplished by:

(a) Hand delivery of the document to the party; or

(b) Sending the document by email to the party's official college email; or

(13) "Sexual misconduct" includes prohibited conduct by a student including, but not limited to, sexual harassment, sexual assault, sexual exploitation, indecent exposure, dating violence, or domestic violence. Sex harassment prohibited by Title IX is defined in the Supplemental Title IX Procedures to this code. See WAC- 132H-126-400. Sex harassment or sexual misconduct that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

(14) "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. Persons who withdraw, graduate, or complete courses after the date of a reported violation, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students" for the purposes of this code.

(15) "Student conduct officer" is a college administrator designated by the president to be responsible for implementing and enforcing the student conduct code.

(16) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education; and whether any reported student conduct code violation occurred while the individual was performing employment-related work.

(17) "Student group" 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.

(18) "Supportive measures" means reasonably available, individualized, and appropriate, nonpunitive and nondisciplinary measures offered by the college to a complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of:

(a) Restoring or preserving a party's access to the college's educational program or activity, including measures that are designed to protect the safety of the parties or the college's educational environment; or providing support during the college's investigation and disciplinary procedures, or during any informal resolution process; or

(b) Supportive measures may include, but are not limited to: Counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more parties; a leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sexual harassment.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-040, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-040, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-040, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-040, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-100 Prohibited student conduct.

The college may impose disciplinary sanctions against a student or a college-sponsored student group who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit act(s) of misconduct:

(1) Abuse of others. Assault, physical abuse, verbal abuse, threat(s), intimidation, or other conduct that harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property unless otherwise protected by law.

(2) Abuse in later life.

(a) Neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or

(b) Domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and

(3) Abuse of the student conduct process.

(a) Abuse of the student conduct process includes:

(i) Attempting to influence the impartiality or participation of any decision maker including a student conduct officer, conduct review officer, or presiding student conduct committee member;

(ii) Influencing or attempting to influence another person to commit an abuse of the student conduct process; or

(iii) Harassment or intimidation of any participant in the student conduct process.

(b) This provision does not apply to reports made or information provided in good faith, even if the respondent is ultimately found not responsible in that conduct proceeding.

(4) Academic dishonesty. Any act of academic dishonesty including, but not limited to, cheating, plagiarism, and fabrication. The decision to bring a student conduct proceeding under this code for academic dishonesty is at the sole discretion of the student conduct officer. Nothing in this code prohibits instructors and/or academic divisions or departments from imposing academic consequences, up to and including a failing grade in an academic course or dismissal from an academic program, in response to academic dishonesty. Policies and procedures governing the imposition of academic consequences for academic dishonesty can be found in the course syllabus and any applicable program handbook.

(a) Cheating. Any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

(b) Plagiarism. Taking and using as one's own, without proper attribution, the ideas, writings, or work of another person or artificial intelligence 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. Falsifying data, information, or citations in completing an academic assignment. Fabrication also includes providing false or deceptive information to an instructor concerning the completion of an assignment.

(d) Deliberate damage. Taking deliberate action to destroy or damage another's academic work or college property in order to gain an advantage for oneself or another.

(5) Acts of dishonesty. Acts of dishonesty include, but are not limited to:

(a) Forgery, alteration, submission of falsified documents, or misuse of any college document, record, or instrument of identification;

(b) Tampering with an election conducted by or for college students;

(c) Furnishing false information, or failing to furnish correct information, in response to the reasonable request or requirement of a college official or employee; or

(d) Knowingly making a false statement or submitting false information in relation, or in response, to a college academic or disciplinary investigation or process.

(6) Alcohol. Use, possession, manufacture, or distribution of alcoholic beverages or paraphernalia (except as expressly permitted by college policies, and federal, state, and local laws), or public intoxication on college property or at college-sponsored events. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person not of legal age.

(7) Cyber misconduct. Cyberstalking, cyberbullying, or online harassment. Use of electronic communications including, but not limited to, electronic mail, text messaging, social media sites, or applications (apps), to harass, abuse, bully, or engage in other conduct that harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's electronic communications or computer activities directly or through spyware, sending threatening emails or messages, disrupting electronic communications with spam or by sending a computer virus, sending false emails or texts to third parties using another's identity (spoofing), nonconsensual recording of sexual activity, and/or nonconsensual distribution of a recording of sexual activity.

(8) 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.

(9) Discriminatory harassment.

(a) Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, not otherwise protected by law, that is directed at a person because of such person's protected status and that is sufficiently severe, persistent, or pervasive so as to:

(i) Limit the ability of a student to participate in or benefit from the college's educational and/or social programs and/or student housing;

(ii) Alter the terms of an employee's employment; or

(iii) Create an intimidating, hostile, or offensive environment for other campus community members.

(b) Protected status includes a person's race; color; creed/religion; national origin; presence of any sensory, mental or physical disability; use of a trained service animal; sex, including pregnancy; marital status; age; genetic information; sexual orientation; gender identity or expression; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; or membership in any other group protected by federal, state, or local law.

(c) Discriminatory harassment may be physical, verbal, or nonverbal conduct and may include written, social media, and electronic communications not otherwise protected by law.

(10) Disorderly conduct. Conduct that is disorderly, lewd, or indecent; disturbing the peace; or assisting or encouraging another person to disturb the peace.

(11) Disruption or obstruction. Disruption or obstruction of any instruction, research, administration, disciplinary proceeding, or other college activity, including the obstruction of the free flow of pedestrian or vehicular movement on college property or at a college activity, or any activity that is authorized to occur on college property, whether or not actually conducted or sponsored by the college.

(12) 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.

(13) Economic abuse. Behavior that is coercive, deceptive, or unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to:

(a) Restrict a person's access to money, assets, credit, or financial information;

(b) Unfairly use a person's personal economic resources, including money, assets, and credit, for one's own advantage; or

(c) Exert undue influence over a person's financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.

(14) Ethical violation. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major.

(15) Failure to comply with directive. Failure to comply with the reasonable direction of a college official or employee who is acting in the legitimate performance of their duties, including failure to properly identify oneself to such a person when requested to do so.

(16) Harassment or bullying. Conduct unrelated to a protected class that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities.

(a) Harassing conduct may include, but is not limited to, physical, verbal, or nonverbal conduct, including written, social media and electronic communications unless otherwise protected by law.

(b) For purposes of this code, "bullying" is defined as repeated or aggressive unwanted behavior not otherwise protected by law when a reasonable person would feel humiliated, harmed, or intimidated.

(c) For purposes of this code, "intimidation" is an implied threat. Intimidation exists when a reasonable person would feel threatened or coerced even though an explicit threat or display of physical force has not been made. Intimidation is evaluated based on the intensity, frequency, context, and duration of the comments or actions.

(17) Hazing. Any act committed as part of a person's recruitment, initiation, pledging, admission into, affiliation with, or maintenance of membership in a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person, including 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, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Consent is not a valid defense against hazing. Examples of hazing include, but are not limited to:

(a) 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;

(b) Humiliation by ritual act;

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

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

(f) Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone's body, or similar activity; or

(g) Any activity that includes a criminal violation of federal, state, local, or tribal law.

(18) Indecent exposure. The intentional or knowing exposure of a person's genitals or other private body parts when done in a place or manner in which such exposure is likely to cause affront or alarm. Breastfeeding or expressing breast milk is not indecent exposure.

(19) Cannabisor other drugs.

(a) Cannabis. The use, possession, growing, delivery, sale, or being visibly under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form, or the possession of cannabis paraphernalia on college property or college-sponsored events. While state law permits the recreational use of cannabis, federal law prohibits such use on college property or in connection with college activities.

(b) Drugs. The use, possession, production, delivery, sale, or being under the influence of any prescription drug or possession of drug paraphernalia, 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.

(20) Misuse of electronic resources. Theft or other misuse of computer time or other electronic information resources of the college. Such misuse includes, but is not limited to:

(a) Unauthorized opening of a file, message, or other item;

(b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item;

(d) Use of computer time or resources to interfere with someone else's work;

(e) Use of computer time or resources to send, display, or print an obscene or abusive message, text, or image;

(f) Use of computer time or resources to interfere with normal operation of the college's computing system or other electronic information resources;

(g) Use of computer time or resources in violation of applicable copyright or other law;

(h) Adding to or otherwise altering the infrastructure of the college's electronic information resources without authorization;

(i) Failure to comply with the college's electronic use policy;

(j) Unauthorized access, data theft, malware distribution, or system disruption; or

(k) Unauthorized use, installation, or distribution of pirated or unlicensed software on college's systems or networks.

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

(22) Retaliation. Harming, threatening, intimidating, coercing, or other adverse action taken against any individual for reporting, providing information, exercising one's rights or responsibilities, participating, or refusing to participate, in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or college policies.

(23) Safety violations. Nonaccidental, reckless, or unsafe 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, or triggering false alarms or other emergency response systems.

(24) Sexual exploitation. Taking nonconsensual or abusive sexual advantage of another for the respondent's own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, when the behavior does not otherwise constitute one of the other sexual misconduct offenses described herein. Examples of sexual exploitation may include, but are not limited to:

(a) Invading another person's sexual privacy;

(b) Prostituting another person;

(c) Nonconsensual photography and digital or video recording of nudity or sexual activity, or nonconsensual audio recording of sexual activity;

(d) Unauthorized sharing or distribution of photographs or digital or video recording of nudity or sexual activity, or audio recording of sexual activity, unless otherwise protected by law;

(e) Engaging in voyeurism. A person commits voyeurism if they knowingly view, photograph, record, or film another person, without that person's knowledge and consent, while the person being viewed, photographed, recorded, or filmed is in a place where the person has a reasonable expectation of privacy;

(f) Knowingly or recklessly exposing another person to a significant risk of sexually transmitted disease or infection; or

(g) Causing the nonconsensual indecent exposure of another person, as defined by subsection (18) of this section.

(25) Sexual harassment. A form of discrimination and means unwelcome sexual or gender-based conduct, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently serious as to deny or limit an individual's ability to participate in the college's programs or activities, including the following conduct:

(a) Quid pro quo harassment. A student, employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct.

(b) Hostile environment. Unwelcome sexual or gendered conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant's ability to access the college's education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties' ages, roles within the college's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sexual harassment in the college's education program or activity.

For sexual harassment prohibited under Title IX, refer to WAC 132H-126-410.

(26) Sexual assault. A type of sexual harassment that includes nonconsensual intercourse, nonconsensual sexual contact, incest, statutory rape, and sexual coercion.

(a) Consent is knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity.

(i) Effective consent cannot result from force, or threat of physical force, coercion, dishonesty, or intimidation.

(ii) Physical force means someone is physically exerting control of another person through violence. Physical force includes, but is not limited to, hitting, kicking, and restraining.

(iii) Threatening someone to obtain consent for a sexual act is a violation of this policy. Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual activity to which they otherwise would not have consented.

(iv) Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

(v) A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(b) Nonconsensual sexual intercourse. Any sexual intercourse (anal, oral, or vaginal), however slight, with any object, 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.

(c) Nonconsensual sexual contact (fondling or criminal sexual contact). Any actual or attempted intentional 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.

(d) Sexual coercion. Unreasonably pressuring another for sexual contact. When a complainant makes it clear through words or actions that they do not want to engage in sexual contact, want to stop, or do not want to go past a certain point of sexual interaction, continued pressure beyond that point is presumptively unreasonable and coercive. Other examples of coercion may include using blackmail or extortion, or administering drugs and/or alcohol to overcome resistance or gain consent to sexual activity. Sexual contact that is the result of coercion is nonconsensual.

(e) 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.

(f) Statutory rape(rape of a child). Nonforcible sexual intercourse with a person who is under the statutory age of consent.

(27) 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. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such an intent.

(28) Technological abuse. An act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology including, but not limited to: Internet-enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.

(29) Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, and related products is prohibited in any building owned, leased, or operated by the college or in any location where such use is prohibited, including 25 feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased, or operated by the college. The use of tobacco, electronic cigarettes, and related products on the college campus is restricted to designated smoking areas. The use of tobacco, electronic cigarettes, and related products is prohibited in vehicles owned, leased, rented, or operated by the college. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, vaporizers, and snuff.

(30) Unauthorized access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to college property, or unauthorized entry onto or into college property. Providing keys to an unauthorized person or providing access to an unauthorized person is also prohibited.

(31) Unauthorized recording. The following conduct is prohibited:

(a) Making audio, video, digital recordings, livestreams, or photographic images of a person without that person's consent in a location where that person has a reasonable expectation of privacy (e.g., counseling center, restroom or residence hall room or hallway).

(b) Storing, sharing, publishing, or otherwise distributing such recordings or images by any means.

(c) The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation.

(32) Violation of other laws or policies. Violation of any federal, state, or local law, rule, or regulation or other college rules or policies, including on-campus housing policies and college traffic and parking rules.

(33) Weapons. Possessing, holding, wearing, transporting, storing, or exhibiting any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus, and in conjunction with college programming and activities, subject to the following exceptions:

(a) Commissioned law enforcement personnel or legally authorized military personnel while in performance of their official duties.

(b) Students with legally issued concealed weapons permits may store their weapons in vehicles parked in accordance with RCW 9.41.050 on campus provided the vehicle is locked and the weapon is concealed from view.

(c) The president or delegate may authorize possession of a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to any terms or conditions in the written permission.

(d) Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-100, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-100, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-100, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-100, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-110 Corrective action, disciplinary sanctions—Terms and conditions.

(1) One or more of the following corrective actions or disciplinary sanctions may be imposed upon a student or upon college-sponsored student groups found responsible for violating the student code of conduct:

(a) Warning. A verbal or written statement to a student that there is a violation and that continuation of the same or similar behavior may result in more severe discipline. Warnings are corrective actions, not disciplinary, and may not be appealed.

(b) Written reprimand. Notice in writing that the student has violated one or more terms of this student conduct code and that continuation of the same or similar behavior may result in more severe disciplinary action.

(c) Disciplinary probation. Formal action placing specific conditions and restrictions upon the student's continued attendance, depending upon the seriousness of the violation, which may include a deferred disciplinary sanction.

(i) Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

(ii) If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction, which may include, but is not limited to, a suspension or expulsion from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation.

(d) Disciplinary suspension. Separation from the college and from the student status for a stated period of time.

(i) There will be no refund of tuition or fees for the quarter in which the action is taken.

(ii) Conditions of suspension may be imposed and will be specified. Except as otherwise specified in the final order, all conditions must be fulfilled before the end of the suspension period. Failure to fulfill all conditions of suspension in a timely manner may extend the suspension period and any conditions and may result in additional disciplinary sanctions.

(iii) The college may put a conduct hold in place during the suspension period.

(e) Expulsion. The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or college-controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the action is taken.

(2) Disciplinary terms and conditions that may be imposed in conjunction with the imposition of a disciplinary sanction include, but are not limited to, the following:

(a) Education. Participation in or successful completion of an educational assignment designed to create an awareness of the student's misconduct.

(b) Loss of privileges. Denial of specified privileges for a designated period of time.

(c) No contactdirective. An order directing a student to have no contact with a specified student, college employee, a member of the college community, or prohibiting a student from entering a particular college facility or participating in specified college programs or activities.

(d) Not in good standing. A student found to be "not in good standing" with the college shall be subject to the following restrictions:

(i) Ineligible to hold an office in any student group recognized by the college or to hold any elected or appointed office of the college.

(ii) Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation.

(e) Professional evaluation. Referral for drug, alcohol, psychological, or medical evaluation by an appropriately certified or licensed professional.

(i) The student may choose the professional within the scope of practice and with the professional credentials as defined by the college.

(ii) The student will sign all necessary releases to allow the college access to any such evaluation.

(iii) The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

(f) Residence hall suspension. Separation of the student from a residence hall or halls for a definite period of time, after which the student may be eligible to return. Conditions may be imposed before a student is permitted to return to a residence hall.

(g) Residence hall dismissal. Permanent separation of the student from a residence hall or halls.

(h) Restitution. Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, or other compensation.

(i) Trespass or restriction. A student may be restricted from any or all college property and/or college-sponsored activities based on the violation.

(3) More than one of the disciplinary terms and conditions listed above may be imposed for any single violation.

(4) If a student withdraws from the college or fails to reenroll before completing a disciplinary sanction or condition, the disciplinary sanction or condition must be completed either prior to or upon the student's reenrollment, depending on the nature of the sanction, condition, and/or the underlying violation. Completion of disciplinary sanctions and conditions may be considered in petitions for readmission to the college.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-110, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 19-01-082, § 132H-126-110, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-115 Hazing prohibited—Sanctions.

(1) 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.

(2) 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.

(3) Any student group that knowingly permits 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.

(4) Any student group 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.

(5) Any student who is found responsible for engaging, participating, or conspiring to participate in hazing may be sanctioned in accordance with this student conduct code.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-115, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-115, filed 1/25/23, effective 2/25/23.

Wash. Admin. Code § 132H-126-120 Initiation of disciplinary action.

(1) Any member of the college community may file a complaint against a student or student group for possible violations of the student conduct code.

(2) Upon receipt, a student conduct officer, or designee, may review and investigate any complaint to determine whether it appears to state a violation of the student conduct code.

(3) Informal resolution options. If a student conduct officer determines that a complaint appears to state a violation of the student conduct code, the student conduct officer will consider whether the matter might be resolved through agreement with the respondent or through alternative dispute resolution proceedings involving the respondent and complainant.

(a) Informal dispute resolution shall not be used to resolve sexual misconduct reports without written permission from both the complainant and the respondent.

(b) If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time.

(4) If the student conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or alternative dispute resolution, the student conduct officer may investigate and/or initiate disciplinary action against the respondent.

(a) Investigations will be completed in a timely manner according to college procedures and the results of the investigation shall be referred to the student conduct officer for student disciplinary action.

(b) Investigations of hazing by student groups. A student conduct officer, or designee, may review and investigate any complaint or allegation of hazing by a student group. A student group will be notified through its named officer(s) and address on file with the college. A student group may designate one representative who may speak on behalf of a student group during any investigation and/or disciplinary proceeding. A student group will have the rights of a respondent as set forth below.

(5) Both the respondent and the complainant, when applicable, shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary process and to appeal any disciplinary decision.

(6) All disciplinary actions will be initiated by a student conduct officer. If that officer is the subject of a complaint initiated by the respondent or the complainant, the president shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the complaint.

(7) A student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing them to attend a disciplinary meeting.

The notice shall briefly describe the factual allegations, the provision(s) of the student conduct code the respondent is reported to have violated, the range of possible sanctions for the reported violation(s), and it will specify the time and location of the meeting.

(8) At the disciplinary meeting, the student conduct officer will present the allegations to the respondent, and the respondent shall be afforded an opportunity to explain what occurred.

If the respondent fails to attend the meeting, the student conduct officer may take disciplinary action based upon the available information.

(9) Within 10 business days of the initial disciplinary meeting and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting the decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. This period may be extended at the sole discretion of the student conduct officer, if additional information is necessary to reach a determination. The student conduct officer will notify the parties of any extension period and the reason therefore.

(10) A student conduct officer may take any of the following disciplinary actions:

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s), with or without condition(s), as described in WAC 132H-126-110 and 132H-126-115.

(c) Refer the matter directly to the student conduct committee for such disciplinary action as the committee deems appropriate. Such referral shall be in writing, to the attention of the chair of the student conduct committee, with a copy served on the respondent.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-120, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-120, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-120, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-120, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-130 Appeal from disciplinary action.

(1) The respondent, and when applicable a complainant, may appeal a disciplinary decision by filing a written notice of appeal with the conduct review officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

(2) The notice of appeal must include a brief statement explaining why the respondent or complainant is seeking review.

(3) The parties to an appeal shall be the respondent, complainant when applicable, and the student conduct officer. If a case involves allegations of sexual misconduct, a complainant also has a right to appeal a disciplinary decision or to intervene in the respondent's appeal of a disciplinary decision to the extent the disciplinary decision, sanctions or conditions relate to allegations of sexual misconduct against the respondent.

(4) A respondent, complainant when applicable, who timely appeals a disciplinary action or whose case is referred to the student conduct committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

(5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary action and any sanction by a preponderance of the evidence.

(6) Imposition of disciplinary action and any sanction for a violation of the student conduct code shall be stayed pending appeal, unless the respondent has been summarily suspended.

(7) The student conduct committee shall hear appeals from:

(a) Disciplinary suspensions in excess of 10 instructional days;

(b) Expulsions;

(d) Discipline cases referred to the committee by the student conduct officer, the conduct review officer, or the president.

(8) Student conduct appeals from the imposition of the following disciplinary sanctions shall be reviewed through a brief adjudicative proceeding:

(a) Residence hall dismissals;

(b) Residence hall suspensions;

(d) Disciplinary probation;

(e) Written reprimands;

(f) Sanctions against a student group, other than those set forth in subsection (7)(a) and (b) of this section; and

(g) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-130, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-130, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-130, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-130, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-140 Conduct hold on student records.

(1) A student conduct officer or other designated college official may place a conduct hold on the student's record if the student is the respondent in a pending complaint of prohibited conduct, a pending conduct proceeding under this code, or in conjunction with a disciplinary sanction or condition under this code.

(2) A conduct hold may restrict the student from registering for classes, requesting an official transcript, or receiving a degree from the college until the hold has been removed.

(3) If the conduct hold is placed pending or during a conduct proceeding, the student will be notified of the hold and be advised how to raise an objection about the hold or request that it be made less restrictive. The hold will remain in place until lifted by the student conduct officer or other designated college official with authority to do so.

(4) Implementation of any conduct hold prior to disciplinary action does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under this conduct code.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-140, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-140, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-150 Amnesty policy.

(1) Bellevue College values the health, safety and wellness of those in our college community. Students are encouraged to report crimes, share concerns, and seek medical attention for themselves or others in need.

(2) A student conduct officer may elect not to initiate disciplinary action against a student who, while in the course of helping another person seek medical or other emergency assistance, admits to a possible policy violation under this student conduct code, provided that any such violations did not and do not place the health or safety of any other person at risk.

(3) A student conduct officer may elect not to initiate disciplinary action against a student who, while in the course of reporting violence, sexual misconduct, or a crime in progress, admits to personal consumption of alcohol or drugs at or near the time of the incident, provided that any such use did not place the health or safety of any other person at risk.

(4) While policy violations cannot be overlooked, the college may elect to offer educational options or referrals, rather than initiating disciplinary action against students who report crimes, serve as witnesses, or seek medical attention as described is this section.

(5) This amnesty policy may not apply to students who repeatedly violate college policies in regards to alcohol, drugs, or other prohibited conduct.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 19-01-082, § 132H-126-150, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-160 Interim measures.

(1) After receiving a report of sexual misconduct or other serious student misconduct, a student conduct officer or designee may implement interim measures which may include, but are not limited to:

(a) A no-contact directive prohibiting direct or indirect contact, by any means, with a complainant, a respondent, a reporting party, other specified persons, and/or a specific student organization;

(b) Reassignment of on-campus housing;

(d) Modified on-campus employment schedule or location;

(e) Restrictions on access to portions of campus including, but not limited to, on-campus housing; or

(f) Alternative safety arrangements such as campus safety escorts.

(2) If an interim measure is put in place pending or during a conduct proceeding, the student will be notified of the interim measure and be advised how to raise an objection about the interim measure or request that it be made less restrictive. The student conduct officer may adjust or modify interim measures as students' situations and schedules change and evolve over time. Interim measures will remain in place until the student receives notice they have been lifted or modified from the student conduct officer.

(3) Implementation of any interim measure does not assume any determination of, or create any presumption regarding responsibility for, a violation under this student conduct code.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-160, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-160, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-160, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-170 Summary suspension.

(1) Summary suspension is a temporary exclusion from specified college premises or denial of access to all activities or privileges for which a respondent might otherwise be eligible, while an investigation and/or formal disciplinary procedures are pending.

(2) The student conduct officer may impose a summary suspension if there is reasonable basis to believe that the respondent:

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

(b) Presents an immediate danger to the health, safety, or welfare of members of the college community; or

(3) Notice. Any respondent who has been summarily suspended shall be served with oral or written notice of the summary suspension. If oral notice is given, a written notification shall be served on the respondent within two business days of the oral notice.

(4) The written notice shall be entitled "Notice of Summary Suspension" and shall include:

(a) The reasons for imposing the summary suspension, including a description of the conduct giving rise to the summary suspension and reference to the provisions of the student conduct code or the law reportedly violated;

(b) The date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter or remain on college premises has been withdrawn and that the respondent shall be considered to be trespassing and subject to arrest for criminal trespass if the respondent enters the college campus. The respondent may be authorized to access college premises for the limited purpose of meeting with the student conduct officer, the conduct review officer, or to attend a disciplinary hearing. All such meetings and hearings shall be confirmed in writing in advance and the respondent entering college premises shall be required to produce the written permission to a college official on request.

(5) The conduct review officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension.

(a) During the summary suspension hearing, the issue before the conduct review officer is whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.

(b) The respondent shall be afforded an opportunity to explain why the summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope.

(c) If the respondent fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.

(d) As soon as practicable following the hearing, the conduct review officer shall issue a written decision which shall include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right to appeal.

(e) To the extent permissible under applicable law, the conduct review officer shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

(6) In cases involving allegations of sexual misconduct, the complainant shall be notified that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-170, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-170, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-180 Records.

(1) Student conduct code records are maintained in accordance with the college's records retention schedule.

(2) The disciplinary record is confidential, and is released only as authorized under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 19-01-082, § 132H-126-180, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-200 Brief adjudicative proceedings—Initial hearing.

(1) Brief adjudicative proceedings shall be conducted by a conduct review officer designated by the president. The conduct review officer shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

(2) Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

(a) An opportunity to be informed of the agency's view of the matter; and

(b) An opportunity to explain the party's view of the matter.

(3) The conduct review officer shall serve a decision upon the parties within 10 business days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the decision. If no request for review is filed within 21 calendar days of service of the initial decision, the initial decision shall be deemed the final decision.

(4) The conduct review officer may affirm, reverse, or modify the disciplinary sanctions and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanctions or conditions as authorized herein. If the conduct review officer, upon review, determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than 10 instructional days or expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-200, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-200, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-200, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-210 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president, provided the respondent files a written request for review with the conduct review officer within 21 calendar days of service of the initial decision.

(2) The president shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

(3) During the review, the president shall give each party an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to determine whether the findings or sanctions should be modified or whether the proceedings should be referred to the student conduct committee for a formal adjudicative hearing.

(4) The decision on review must be in writing, include a brief statement of the reasons for the decision and typically must be served on the parties within 20 calendar days of the request for review. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within 20 calendar days after the request is submitted without a response from the president.

(5) If the president, upon review, determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than 10 instructional days or expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

(6) In cases involving allegations of sexual misconduct, the president, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant of the decision, the reasons for the decision, and a description of any disciplinary sanctions and/or conditions that may have been imposed upon the respondent. The notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-210, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-210, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-210, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-300 Student conduct committee.

(1) The student conduct committee shall consist of six members:

(a) Two full-time students appointed by the student government;

(b) Two faculty members appointed by the president;

(c) Two administrative staff members, other than an administrator serving as a student conduct or conduct review officer, appointed by the president prior to the beginning of the academic year for alternating two-year terms.

(2) One of the administrative staff members shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee. The administrative staff members shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

(3) Hearings may be heard by a quorum of three members of the committee, so long as one faculty member, one student, and one administrative staff member are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

(4) Members of the student conduct committee shall not participate in any case in which they:

(a) Are a complainant or witness;

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

(5) Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

(6) The college may, in its sole discretion, contract with an administrative law judge or other qualified person to act as the presiding officer, authorized to exercise any or all duties of the student conduct committee and/or committee chair.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-300, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-300, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-300, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-310 Student conduct committee—Prehearing.

(1) 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. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.

(2) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven calendar 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 both parties agree, and also may continue the hearing to a later time for good cause shown.

(3) The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions concerning the extent and form of any discovery, issuance of protective decisions, and similar procedural matters.

(4) Upon request, filed at least five calendar days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present to the committee. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.

(5) The committee chair may provide to the committee members in advance of the hearing copies of: (a) The conduct officer's notice of discipline, or referral to the committee; and (b) the notice of appeal, or any response to referral, by the respondent or, in a case involving allegations of sexual misconduct, the complainant. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

(6) The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.

(7) The student conduct officer, upon request, shall provide reasonable assistance to the respondent and complainant in obtaining relevant and admissible evidence that is within the college's control.

(8) Communications between committee members and other hearing participants regarding any issue in the proceeding, other than procedural communications necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate. Any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

(9) All parties may be accompanied at the hearing by a process advisor of their choice, which may be an attorney retained at the party's expense.

(10) Attorneys for students must file a notice of appearance with the committee chair at least four business days before the hearing. Failure to do so may, at the discretion of the committee chair, result in a waiver of the attorney's ability to represent the student at the hearing, although an attorney may still serve as an advisor to the student.

(11) The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened, assistant attorney general.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-310, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-310, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-310, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-320 Student conduct committee—Presentation of evidence.

(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 and issuance of its decision; or

(b) Serve a decision of default in accordance with RCW 34.05.440.

(2) The hearing will ordinarily be closed to the public. However, if all parties agree on the record that some or all of the proceedings be open, the chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the chair may exclude that person from the hearing room.

(3) The chair shall cause the hearing to be recorded by a method that they select, in accordance with RCW 34.05.449. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.

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

(5) The student conduct officer, unless represented by an assistant attorney general, shall present the college's case.

(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 chair has the discretion to determine whether a respondent may directly question any witnesses; and if not, to determine whether questions must be submitted to the chair to be asked of witnesses, or to allow questions to be asked by an attorney or advisor for the respondent.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-320, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-320, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-320, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-330 Student conduct committee—Initial decision.

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

(2) Within 20 calendar days following the conclusion of the hearing or the committee's receipt of closing arguments, whichever is later, the committee shall issue a decision in accordance with RCW 34.05.461 and WAC 10-08-210. The decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified.

(3) The committee's decision shall also include a determination on appropriate sanctions, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanctions or conditions, if any, as authorized in the student conduct code. If the matter is an appeal by a party, the committee may affirm, reverse, or modify the disciplinary sanctions and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanctions and/or conditions as authorized herein. The decision will also inform the respondent of their appeal rights.

(4) The committee chair shall cause copies of its decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-330, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-330, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-330, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-340 Student conduct committee—Review of an initial decision.

(1) Any party, including a complainant when applicable, may appeal the committee's decision to the president by filing a notice of appeal with the president's office within 21 calendar days of service of the committee's initial decision or a written notice. Failure to file a timely appeal request within this time frame constitutes a waiver of the right and the decision shall be deemed final.

(2) The written appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain an argument as to why the appeal should be granted. Appeals may be based upon, but are not limited to:

(a) Procedural irregularity that would change the outcome;

(b) New evidence that would change the outcome and that was not reasonably available when the decision was made; and

(c) The investigator or decision maker had a conflict of interest or bias for or against a respondent or complainant individually or respondents or complainants generally.

(3) Upon receiving a timely appeal, the president or a designee will promptly serve a copy of the appeal on all nonappealing parties, who will have 10 business days from the date of service to submit a written response addressing the issues raised in the appeal to the president or a designee and serve it on all parties. Failure to file a timely response constitutes a waiver of the right to participate in the appeal.

(4) The president's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to those issues and arguments raised in the notice of appeal. If necessary to aid review, the president may ask for additional briefing from the parties on issues raised on appeal.

(5) The president shall provide a written decision to all parties within 20 calendar days after receipt of the notice of appeal or receipt of the response from nonappealing parties, whichever is later. The president's decision shall be final subject to judicial review pursuant to chapter 34.05 RCW, Part V.

(6) The president shall not engage in an ex parte communication with any of the parties regarding an appeal.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-340, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-340, filed 12/2/20, effective 1/2/21
WSR 19-01-082, § 132H-126-340, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 132H-126-400 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. Part 106. To the extent these supplemental hearing procedures conflict with the college's standard disciplinary procedures, WAC 132H-126-100 through 132H-126-340, these supplemental procedures shall take precedence. Bellevue 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: Chapter 34.05 RCW and RCW 28B.50.140. WSR 23-04-040, § 132H-126-400, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-400, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-410 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. Sec. 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 types of conduct:

(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 (fondling or criminal sexual contact). Any actual or attempted intentional 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(rape of a child). Nonforcible sexual intercourse with a person who is under the statutory age of consent.

(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) Economic abuse. In the context of domestic violence dating violence, economic abuse includes behavior that is coercive, deceptive, or unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to:

(a) Restrict a person's access to money, assets, credit, or financial information;

(b) Unfairly use a person's personal economic resources, including money, assets, and credit, for one's own advantage; or

(7) Technological abuse. An act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology including, but not limited to: Internet-enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.

(8) 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 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-410, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-410, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-410, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-420 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

(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 reported 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) of this section 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 132H-126 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 part to both parties explaining why some or all of the Title IX claims have been dismissed.

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-420, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-430 Initiation of discipline.

(1) Upon receiving the 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, the complainant, and their respective advisors. The notice must:

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

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

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

(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 their 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

(3) 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 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-430, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-430, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-440 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 132H-126-310. In no event will the hearing date be set less than ten 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-440, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-450 Rights of parties.

(1) The student conduct code of Bellevue College, chapter 132H-126 WAC, 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: Chapter 34.05 RCW
and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-450, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-460 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 reported 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) 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.

(5) 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;

(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.

(6) 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.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-460, filed 4/8/26, effective 5/9/26
WSR 23-04-040, § 132H-126-460, filed 1/25/23, effective 2/25/23. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-460, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-470 Initial order.

(1) In addition to complying with WAC 132H-126-330, 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;

(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 sanction or conditions imposed against the respondent, if the committee determines the respondent violated the conduct code;

(g) Describes 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 president.

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

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-470, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-470, filed 12/2/20, effective 1/2/21.

Wash. Admin. Code § 132H-126-480 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 part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the president's office 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 president's office 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 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 president's office 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 president's office.

(4) The president, or their designee, 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) President's office shall serve the final decision on the parties simultaneously.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-09-036, s 132H-126-480, filed 4/8/26, effective 5/9/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13)
P.L. 113-4, 20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-01-008, § 132H-126-480, filed 12/2/20, effective 1/2/21.

Chapter 132H-133 Commercial activity of Community College District VIII.

Wash. Admin. Code § 132H-133-010 Title.

WAC 132H-133-010 and 132H-133-050 shall be known as the commercial activity of Community College District VIII.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-102, s 132H-133-010, filed 3/19/25, effective 4/19/25
WSR 92-19-049, § 132H-133-010, filed 9/10/92, effective 10/11/92.

Wash. Admin. Code § 132H-133-050 Commercial activity.

To promote the mission of Bellevue College it is often necessary to engage in commercial activities that provide goods and services that meet special needs of students, faculty, staff, and members of the public participating in college activities and events.

Chapter 28B.63 RCW establishes standards for institutions of higher education to follow in conducting commercial activities. The purpose of the policy statement and standards that follow is to ensure that Bellevue College pursues commercial activities in compliance with chapter 28B.63 RCW and that all commercial activities of the college serve the mission of the college.

(1) Policy statement. Bellevue College may engage in the providing of goods, services, or facilities for a fee only when such are directly and substantially related to the educational mission of the college. Fees charged for goods, services, and facilities shall reflect their full direct and indirect costs, including overhead. They shall also take into account the price of such items in the private marketplace.

(2) Approval and review of commercial activities. The vice president of administrative services or designee shall be responsible for the approval of new commercial activities and the periodic review of existing ones. It shall be the responsibility of this office to ensure that each commercial activity meets the criteria established for commercial activities of the college. Proposals for new or altered services shall be approved by the vice president of administrative services or designee prior to implementation.

(3) Criteria for commercial activities serving members of the campus community. Each of the following criteria shall be used in assessing the validity of providing goods or services to members of the campus community:

(a) The goods or services are substantially and directly related to the mission of the college.

(b) Provision of the goods, services, or facilities on campus represents a special convenience to the campus community or facilitates extracurricular activities.

(c) Fees charged for the goods, services, or facilities shall take into account the full direct and indirect costs, including overhead. They shall also reflect the costs of such items in the private marketplace.

(d) Procedures adequate to the circumstances shall be observed to ensure that the goods and services are provided only to students, faculty, staff, or invited guests.

(4) Criteria for providing commercial activities to the external community.

(a) The goods, services, or facilities provided relate substantially and directly to the mission of the college and are not commonly available or otherwise easily accessible in the private marketplace and are in demand from the external community.

(b) Fees charged for the goods, services, or facilities shall take into account the full direct and indirect costs, including overhead. They shall also reflect the price of such items in the private marketplace.

(5) Definitions and limitations. "Commercial activity" means an activity which provides a product or service for a fee which could be obtained from a commercial source. This definition shall be used to determine which activities shall be governed by this policy, except that this policy shall not apply to:

(a) The initiation of or changes in academic or vocational programs of instruction in the college's regular, extension, evening, or continuing education programs;

(b) Fees for services provided in the practical aspects of instruction;

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-102, s 132H-133-050, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 03-01-009, § 132H-133-050, filed 12/5/02, effective 1/5/03. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-049, § 132H-133-050, filed 9/10/92, effective 10/11/92.

Chapter 132H-136 Library media center.

Wash. Admin. Code § 132H-136-010 Title.

WAC 132H-136-010 through 132H-136-030 will be known as the library media center policy of Community College District VIII.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-22-019, § 132H-136-010, filed 10/20/23, effective 11/20/23. Statutory Authority: RCW 28B.50.140. WSR 05-17-013, § 132H-136-010, filed 8/4/05, effective 9/4/05
Order 13, § 132H-136-010, filed 3/9/73.

Wash. Admin. Code § 132H-136-015 Purpose.

The library media center (LMC) provides information resources to accomplish Bellevue College's mission and goals by being student-centered and committed to teaching excellence. In order to advance the lifelong educational development of students, the LMC continually strengthens its collections and services in breadth and depth, supporting increased curricular offerings and varied instructional modes of delivery. This policy applies to all BC employees, students, and library users who use any of the LMC resources and facilities.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-22-019, § 132H-136-015, filed 10/20/23, effective 11/20/23. Statutory Authority: RCW 28B.50.140. WSR 05-17-013, § 132H-136-015, filed 8/4/05, effective 9/4/05.

Wash. Admin. Code § 132H-136-025 Services.

The LMC maintains a website summarizing information about the LMC, including:

• Hours of service;

• Circulation of collections;

• Services and resources available.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-22-019, § 132H-136-025, filed 10/20/23, effective 11/20/23. Statutory Authority: RCW 28B.50.140. WSR 05-17-013, § 132H-136-025, filed 8/4/05, effective 9/4/05.

Wash. Admin. Code § 132H-136-030 Fines.

Fines are not charged for overdue materials, except for reserve materials and equipment. A fine schedule is posted at the circulation desk area and the LMC website. Charges are levied for lost or damaged materials and equipment. Replacement charges for different types of items vary.

Students, employees, and other library users may appeal the imposition of a library charge, fine, or penalty by filing a written notice of appeal with the director of LMC or their designee within 21 days of receiving notice of the charge, fine, or penalty.  An individual who fails to file a timely notice of appeal will be deemed to have waived their right to appeal.

The appeal will be heard as a brief adjudicative proceeding, pursuant to chapter 132H-108 WAC.  Before issuing a decision, the director of LMC or their designee will conduct an informal hearing and provide both the person challenging the charge, fine, or penalty and a representative from the LMC (collectively, "the parties") an opportunity to present their views on the matter.  The director of LMC or their designee will serve the parties with their initial decision within 10 business days of the informal hearing.  The initial decision will briefly set forth the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within 21 days of service of the initial decision, the initial decision will be deemed the final decision.

An initial decision is subject to review by the dean or their designee, provided the impacted student, employee, or other library user files a written request for review with the dean's office within 21 days of receiving the initial decision.  During the review, the dean shall give each party an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to determine whether the findings or sanctions should be modified. The decision on review will briefly set forth the reasons for the decision and will typically be served to the parties within 21 days of receiving all responsive documentation from the parties. The decision on review will contain a notice that judicial review may be available.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 23-22-019, § 132H-136-030, filed 10/20/23, effective 11/20/23. Statutory Authority: RCW 28B.50.140. WSR 05-17-013, § 132H-136-030, filed 8/4/05, effective 9/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 92-19-052, § 132H-136-030, filed 9/10/92, effective 10/11/92
Order 35, § 132H-136-030, filed 10/10/75
Order 13, § 132H-136-030, filed 3/9/73.

Chapter 132H-140 College property use.

Wash. Admin. Code § 132H-140-020 Statement of purpose.

The purpose of this chapter is to establish procedures and reasonable controls for the use of and access to college property by all college and noncollege groups. Bellevue College is an educational institution provided and maintained by the people of the state of Washington. The college reserves its property for activities that are related to its broad educational mission. When not being used for those purposes, college property may be made available and accessible to other individuals and organizations.

Consistent with RCW 28B.50.140(7) and 28B.50.140(9), college property should be available for a variety of uses which are of benefit to either the college community or the general public if such uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make its property available to the general public for private purposes.

When determining whether to authorize a particular use, primary consideration shall be given at all times to activities related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, student programming, or other college-sponsored programs.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-01-150, s 132H-140-020, filed 12/19/25, effective 1/19/26. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-020, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-140-020, filed 3/14/05, effective 4/14/05
WSR 02-14-007, § 132H-140-020, filed 6/20/02, effective 7/21/02
WSR 82-11-039 (Order 80, Resolution No. 149), § 132H-140-020, filed 5/12/82
WSR 79-10-051 (Order 64, Resolution No. 121), § 132H-140-020, filed 9/17/79
Order 28, § 132H-140-020, filed 3/7/75.

Wash. Admin. Code § 132H-140-022 Definitions.

For the purposes of this chapter, the following definition shall apply:

"College property" shall include, but not be limited to, all campuses of the college, wherever located, and all college-controlled, owned, rented, leased, occupied, or used land, buildings, structures, property, vehicles, equipment, office space, parking lots, and any other property and/or college hosted online platforms utilized by the college for any education programs and activities.

"Nonpublic areas" include, but are not limited to: Classrooms while classes are in session, offices, meeting rooms, labs, shops, closets, and other workspaces primarily dedicated to college operations, and other areas designated by the college as a restricted access area to prevent disruption of the educational process and business of the institution, and protect safety, security, or confidentiality.

"Public area" refers to spaces on BC property and grounds that are generally open to the public, such as primary public entrance lobbies of buildings, rotundas and adjoining public mezzanines, and exterior plazas and lawns.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-01-150, s 132H-140-022, filed 12/19/25, effective 1/19/26. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-022, filed 10/20/21, effective 11/20/21.

Wash. Admin. Code § 132H-140-025 Applicability to expressive activity.

Use of college property for expressive activity is governed by the rules set forth in chapter 132H-142 WAC.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-025, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-140-025, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-140-030 Request for use of college property.

Requests by individuals or groups from outside the college shall be made to the vice president of administrative services or a designee, who shall be the agent of the college in consummating rental and use agreements.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-030, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-140-030, filed 3/14/05, effective 4/14/05
WSR 02-14-007, § 132H-140-030, filed 6/20/02, effective 7/21/02
WSR 79-10-051 (Order 64, Resolution No. 121), § 132H-140-030, filed 9/17/79
Order 28, § 132H-140-030, filed 3/7/75.

Wash. Admin. Code § 132H-140-050 Scheduling and reservation practices.

The primary purpose of college property use is to advance the mission of the college. However, college property, when not required for scheduled college purposes, may be available for use by the public in accordance with current fee schedules and other relevant terms and conditions developed and maintained by the vice president of administrative services.

No college property may be used by individuals or groups from outside the college without first executing a written contract, signed by the vice president of administrative services or designee, reserving the property and setting forth the fees, terms, and conditions of use.

In determining whether to accept a request for the use of college property, the administration shall use the college mission statement and the following items, listed in priority order, as guidelines:

(1) Bellevue College scheduled programs, activities, and events.

(2) Foundation related events.

(3) Noncollege (outside individual or organization) events.

Arrangements for use of college property must be made through the office of the vice president of administrative services.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-050, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-140-050, filed 3/14/05, effective 4/14/05
WSR 02-14-007, § 132H-140-050, filed 6/20/02, effective 7/21/02
WSR 82-11-039 (Order 80, Resolution No. 149), § 132H-140-050, filed 5/12/82
WSR 79-10-051 (Order 64, Resolution No. 121), § 132H-140-050, filed 9/17/79
Order 28, § 132H-140-050, filed 3/7/75.

Wash. Admin. Code § 132H-140-065 Limitations and denial of use.

Bellevue College is a state agency and exists to serve the public. However, the college may deny use of its property to any individual, group or organization if the requested use would:

(1) Interfere or conflict with the college's mission including, but not limited to, instruction, student services, support programs, research, or public service programs;

(2) Interfere with the free flow of pedestrian or vehicular traffic on campus;

(3) Involve illegal activity or fail to comply with college policies, procedures, contracts, or the Washington Administrative Code;

(4) Create a hazard or result in damage to college property; or

(5) Create undue stress on college resources.

Where college space is used for an authorized function, groups must obey or comply with directions of college officials.

Any individual or group granted permission to use college property shall agree in advance to abide by all college rules and regulations. Use of college property by college personnel, students, college organizations and the general public is also subject to local, state, and federal laws.

The college reserves the right to deny use of college property to any individual or group whose past conduct indicates a likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization that used college property in the past and caused damage, left college buildings and grounds in excessive disorder, or failed to cooperate with college officials concerning use of the property.

College property may be used for purposes of political campaigning by or for candidates who have filed for public office, if the campaigning is directed to members of the public, and only when the full fee for the property is paid. Use of state funds to pay for or subsidize a political campaign's use of college property is prohibited.

If at any time actual use of college property by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate; all persons engaged in such use shall immediately vacate the premises and leave the college property upon direction of a designated college official.

Advertising or promotional materials for any event being held on or in college property must comply with college policies and procedures.

Use of audio amplifying equipment is permitted only in locations and at times that will not disrupt, or disturb, or interfere with the normal conduct of college affairs including, but not limited to, the use of classrooms, offices, libraries, and laboratories; and previously scheduled college events or activities.

Use of college property for commercial purposes must be preapproved by the vice president of administrative services and comply with chapter 132H-133 WAC.

Alcoholic beverages will not be served without the approval of the provost or designee. It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations and those of Bellevue College.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-01-150, s 132H-140-065, filed 12/19/25, effective 1/19/26. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-065, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-140-065, filed 3/14/05, effective 4/14/05
WSR 02-14-007, § 132H-140-065, filed 6/20/02, effective 7/21/02.

Wash. Admin. Code § 132H-140-070 Other requirements.

(1) When using college property, an individual or organization may be required to make an advance deposit, post a bond and/or obtain insurance to protect the college against costs or other liability.

(2) When the college grants permission to an individual or organization to use its property it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-070, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 02-14-007, § 132H-140-070, filed 6/20/02, effective 7/21/02
WSR 82-11-039 (Order 80, Resolution No. 149), § 132H-140-070, filed 5/12/82.

Wash. Admin. Code § 132H-140-085 College property use fees.

Use fees will be charged in accordance with a schedule developed by the vice president of administrative services, which is available at the events office. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-085, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 02-14-007, § 132H-140-085, filed 6/20/02, effective 7/21/02.

Wash. Admin. Code § 132H-140-110 Animals on campus.

Pets on the grounds of Bellevue College shall be in the physical control of their owner in accordance with the city of Bellevue dog leash and waste removal required ordinance, chapter 8.05.

Animals are prohibited from entering buildings operated by Bellevue College, with the exception of service animals or as approved as an accommodation for a disability in accordance with Bellevue College policies and procedures.

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-110, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 02-14-007, § 132H-140-110, filed 6/20/02, effective 7/21/02
WSR 82-11-039 (Order 80, Resolution No. 149), § 132H-140-110, filed 5/12/82.

Wash. Admin. Code § 132H-140-120 Trespass.

Individuals or groups who are not students or members of the faculty or staff and who violate these rules or whose conduct jeopardizes the health or safety of others, or whose conduct unreasonably impedes the college in pursuit of its educational mission will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the college president or designee to leave the college property. Such a request prohibits the entry of and withdraws the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave. Such person(s) shall be subject to arrest under the criminal trespass provisions of chapter 9A.52 RCW or Bellevue city code.

When the college revokes the license or privilege of any person(s) to be on college property, temporarily or for a stated period of time, that person(s) may appeal that decision by submitting to the college president by certified mail, return receipt requested, a letter stating the reasons the person(s) should not be barred from college property. The college president or designee shall respond in writing within 15 calendar days with a final decision of the college. Absent exceptional circumstances as determined by the college president or designee, person(s) shall continue to be barred from college property while an appeal is pending.

Students, faculty, and staff of the college who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with this chapter or with other applicable rules, regulations, or policies.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-01-150, s 132H-140-120, filed 12/19/25, effective 1/19/26. Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 21-22-004, § 132H-140-120, filed 10/20/21, effective 11/20/21. Statutory Authority: RCW 28B.50.140. WSR 02-14-007, § 132H-140-120, filed 6/20/02, effective 7/21/02.

Chapter 132H-142 Use of college property for expressive activity.

Wash. Admin. Code § 132H-142-010 Title.

WAC 132H-142-010 through 132H-142-060 shall be known as use of college property for expressive activity.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-010, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-142-010, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-015 Definitions.

(1) "College groups" means individuals or groups who are currently enrolled students or current employees of Bellevue College, or guests of Bellevue College who are sponsored by an officially recognized or chartered student organization, employee organization, or the administration of the college.

(2) "College property" shall include, but not be limited to, all campuses of the college, wherever located, and all college-controlled, owned, rented, leased, occupied, or used land, buildings, structures, property, vehicles, equipment, office space, parking lots, and any other property and/or college hosted online platforms utilized by the college for any education programs and activities.

(3) "Expressive activity" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of assemblies to share information, perspective, or viewpoints.

(4) "Limited public forum" means public and common areas of the campus where college groups may assemble for expressive activity, subject to time, place, and manner regulations. College buildings, rooms, and athletic fields also may be rented in accordance with the college's property use policy.

(5) "Noncollege groups" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of Bellevue College and who are not officially affiliated or associated with, or invited guests of a recognized or chartered student organization, recognized employee group, or the administration of the college.

(6) "Public use areas" means outdoor areas of campus that the college has chosen to open as places where noncollege groups may assemble for expressive activity protected by the first amendment, subject to reasonable time, place, or manner restrictions. College buildings, rooms, and athletic fields also may be rented in accordance with the college's property use policy. While state property constitutes traditional open public space, group restrictions are intended for safety, security, the operation of campus, and educational program and activities.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-015, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 12-24-044, § 132H-142-015, filed 11/29/12, effective 12/30/12
WSR 05-07-069, § 132H-142-015, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-020 Statement of purpose.

Bellevue College is an institution of higher education provided and maintained by the people of the state of Washington. The college reserves its property for activities that are related to its broad educational mission. College property is reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, substantially interferes with, or otherwise disrupts the normal activities to which the college's property is dedicated. Accordingly, the college designates common areas (e.g., building courtyards, building lobbies) of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy.

The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college property. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups seeking to assemble in common areas of the campus for expressive activity. Bellevue College recognizes that college groups should be accorded the opportunity to utilize the property of the college to the fullest extent possible.

The college designates the following public use area(s) for use by noncollege groups for expressive activities on campus:

• Building C courtyard between building C and D extending east out from the fountain for groups less than 30; and

• South courtyard, just north of Carlson Theater if over 30 participants are expected.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-020, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 12-24-044, § 132H-142-020, filed 11/29/12, effective 12/30/12
WSR 05-07-069, § 132H-142-020, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-030 Time, place, and manner restrictions.

(1) Subject to the regulations and requirements of this policy, groups may use limited public forums and public use areas for expressive activities between the hours of 7:00 a.m. and 10:00 p.m.

(2) Use of audio amplifying equipment is permitted only in locations and at times that will not disrupt, or disturb, or interfere with the normal conduct of college affairs including, but not limited to, the use of classrooms, offices, libraries, and laboratories; and previously scheduled college events or activities.

(3) Groups are encouraged to notify the campus public safety department no later than 24 hours in advance of an event. However, unscheduled events are permitted so long as the event does not materially disrupt any other function occurring at the facility.

(4) All sites used for expressive activity should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary clean up or for the repair of damaged property.

(5) All fire, safety, sanitation, or special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of expressive activity conducted pursuant to this policy.

(6) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or property, or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees to the college.

(7) The event must not substantially and materially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees, or invitees to the college.

(8) There shall be no camping on college property. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(9) College property may not be used for commercial sales, solicitations, advertising, or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department or office or officially chartered student club.

(10) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances, and state or federal laws.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-030, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 12-24-044, § 132H-142-030, filed 11/29/12, effective 12/30/12
WSR 05-07-069, § 132H-142-030, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-040 Additional requirements for noncollege groups.

Public use areas may not be used on the same date as any previously scheduled college event or activity at the site (aside from regularly scheduled classes) when it is reasonably anticipated that more than 500 people will attend the college event or activity.

Noncollege groups may use public use areas identified in WAC 132H-142-020 for expressive activity between the hours of 7:00 a.m. and 10:00 p.m.

Noncollege groups that seek to engage in expressive activity on the designated public use area(s) are encouraged to provide notice to the campus public safety office no later than 24 hours prior to the event, along with the following information solely to ensure:

(1) The area is not otherwise scheduled; and

(2) To give the college an opportunity to assess any security needs:

(a) The name, address, and telephone number of a contact person for the individual, group, entity, or organization sponsoring the event; and

(b) The date, time, and requested location of the event; and

(d) The estimated number of people expected to participate in the event.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-040, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 12-24-044, § 132H-142-040, filed 11/29/12, effective 12/30/12
WSR 05-07-069, § 132H-142-040, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-050 Distribution of materials.

College groups may post information on bulletin boards, kiosks, and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. Compliance with relevant procedure(s) around posting of materials on campus is expected.

Noncollege groups may distribute materials only at the site(s) designated for noncollege groups.

All materials shall be dated and posted in accordance with Bellevue College policies and procedures for posting materials on campus.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-050, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-142-050, filed 3/14/05, effective 4/14/05.

Wash. Admin. Code § 132H-142-060 Trespass.

Noncollege groups who violate these rules, or whose conduct jeopardizes the health or safety of others, or whose conduct unreasonably impedes the college in pursuit of its educational mission will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the college president or designee to leave the college property. Such a request prohibits the entry of and withdraws the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave. Such person(s) shall be subject to arrest under the criminal trespass provisions of chapter 9A.52 RCW or Bellevue city code.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-14-120, s 132H-142-060, filed 7/1/25, effective 8/1/25. Statutory Authority: RCW 28B.50.140. WSR 05-07-069, § 132H-142-060, filed 3/14/05, effective 4/14/05.

Chapter 132H-160 Admissions, registration, graduation, and tuition and fee waivers for Community College District VIII.

Wash. Admin. Code § 132H-160-010 Title.

WAC 132H-160-010 through 132H-160-530 will be known as the admissions, registration, graduation, and tuition and fee waivers for Community College District VIII as established by the board of trustees pursuant to the authority granted to them by RCW 28B.50.140 and chapter 28B.15 RCW.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-010, filed 2/25/26, effective 3/28/26. Statutory Authority: RCW 28B.50.140. WSR 78-07-026 (Order 58, Resolution No. 112), § 132H-160-010, filed 6/15/78
Order 14, § 132H-160-010, filed 4/18/73.

Wash. Admin. Code § 132H-160-025 Registration.

Registration procedures and deadlines are published on the college website and available on campus in student services.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-025, filed 2/25/26, effective 3/28/26.

Wash. Admin. Code § 132H-160-035 Graduation.

Due dates and deadlines for graduation applications are published on the college academic calendar each quarter, with dates published up to one year in advance.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-035, filed 2/25/26, effective 3/28/26.

Wash. Admin. Code § 132H-160-052 Tuition and fee waivers.

(1) The board of trustees of Community College District VIII may periodically establish tuition and fee waivers for specific categories of students as permitted by state law and by the state board for community and technical colleges. Such waivers will be established in accordance with state statutes and with regular college fiscal processes.

(2) Information regarding current waivers will be available on the college's website and in student services.

(3) A student who wishes to appeal the determination of their tuition and fee waiver eligibility may submit a written appeal to enrollment services, which will initiate a brief adjudicative proceeding according to RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-052, filed 2/25/26, effective 3/28/26. Statutory Authority: RCW 128B.50.140. WSR 98-03-044, § 132H-160-052, filed 1/15/98, effective 2/15/98
WSR 95-19-049, § 132H-160-052, filed 9/14/95, effective 10/15/95.

Wash. Admin. Code § 132H-160-182 Student schedule changes—Refund policy and administrative fees.

The Community College District VIII board of trustees has authorized the head of enrollment services (or designee) to collect an administrative fee when a student adds or drops course(s) or withdraws from the college. In addition, the head of enrollment services (or designee) is authorized to refund tuition and/or fees when a student withdraws from college or a course(s), in accordance with RCW 28B.15.605 and the refund policies approved by the board of trustees. The head of enrollment services (or designee) has the authority to make judgments regarding refunds in extraordinary circumstances. A student who is requested to withdraw for disciplinary reasons will not be eligible for a refund. Refund provisions for students receiving Title IV Federal Aid are described in WAC 132H-160-185 Refund for Title IV Federal Aid Recipients.

The specific refund procedure and rates are available online in the college catalog and the quarterly schedule of classes.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-182, filed 2/25/26, effective 3/28/26. Statutory Authority: RCW 28B.15.605. WSR 00-11-102, § 132H-160-182, filed 5/18/00, effective 6/18/00. Statutory Authority: RCW 28B.50.140. WSR 96-01-056, § 132H-160-182, filed 12/15/95, effective 1/15/96
WSR 94-01-181, § 132H-160-182, filed 12/22/93, effective 1/22/94.

Wash. Admin. Code § 132H-160-185 Refund for Title IV federal aid recipients.

Community College District VIII board of trustees has authorized the registrar to refund fees to the appropriate federal account(s), in concurrence with rules governing financial assistance from the federal government, for students receiving Federal Title IV assistance in the amounts mandated by current federal regulation when the student withdraws, or the college withdraws the student, from the college or a course(s).

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 93-16-051, § 132H-160-185, filed 7/28/93, effective 8/28/93.

Wash. Admin. Code § 132H-160-270 Selective admission programs.

(1) Academic and other programs may require additional criteria for admission based on the following:

(a) Demand exceeds supply of space in the program.

(b) Program accreditation requires additional criteria for admission or graduation.

(d) The International Education program requires its applicants to meet federal, division, and specific program entrance requirements.

(2) Selective admission programs may charge a fee in addition to the general college admission fee. Applicants must follow the requirements and processes established for the college and each selective admission program. Selective admission programs may deny admission based on the additional criteria.

(3) Prospective students who plan to participate in a selective or competitive academic program must first complete the online general college admission application and pay any published fees. Applicants should review the academic programs' web page for program requirements and the admission process.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-270, filed 2/25/26, effective 3/28/26
Order 15, § 132H-160-270, filed 4/18/73.

Wash. Admin. Code § 132H-160-500 Military withdrawal.

The college complies with RCW 28B.10.270: Rights of Washington national guard and other military reserve students called to service. Servicemembers should refer to the college website for additional resources.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-06-059, s 132H-160-500, filed 2/25/26, effective 3/28/26
Order 15, § 132H-160-500, filed 4/18/73.

Wash. Admin. Code § 132H-160-530 Special instructional programs.

Community College District VIII offers special classes which may not coincide with the normal quarter and because of the nature and content of these programs, special rules and regulations may be developed to implement them. These rules and regulations are made available to students at such time as the class is scheduled. Students interested in special class offerings should contact the registrar's office.

History

Order 15, § 132H-160-530, filed 4/18/73.

Chapter 132H-169 Access to public records at Bellevue College.

Wash. Admin. Code § 132H-169-020 Purpose.

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

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-020, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-020, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-025 Description of college.

(1) Governance. Bellevue College is a public institution of higher education established under chapter 28B.50 RCW as a community college, which offers associate and 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) Main campus. The main campus of the college is located at 3000 Landerholm Circle S.E., Bellevue, Washington.

(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 132H of the Washington Administrative Code (WAC). Other college policies approved by the administration are published in policies and procedures available on the college website.

(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 minutes, motions, and resolutions. 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 https://www.bellevuecollege.edu provides general information about the college and its board of trustees, 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(13) and chapter 34.05 RCW. WSR 24-09-030, § 132H-169-025, filed 4/10/24, effective 5/11/24. Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-025, filed 2/19/19, effective 3/22/19.

Wash. Admin. Code § 132H-169-030 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 Bellevue College.

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-030, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-030, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-035 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 address:

Public Records Officer

Bellevue College

3000 Landerholm Circle S.E.

Bellevue, WA 98007

425-564-2477

recordsofficer@bellevuecollege.edu

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

History

Statutory Authority: RCW 28B.50.140(13) and chapter 34.05 RCW. WSR 24-09-030, § 132H-169-035, filed 4/10/24, effective 5/11/24. Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-035, filed 2/19/19, effective 3/22/19.

Wash. Admin. Code § 132H-169-040 Requests for public records.

(1) Written requests preferred. Request for public records of the college may be addressed to the public records officer at the address given in WAC 132H-169-035. The college encourages, but does not require, requestors to use the public records request form made available by the public records office or online at https://www.bellevuecollege.edu/legal/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;

(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 request.

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-040, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-040, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-050 Processing of records requests.

(1) Applicable law. Requests for public records will be processed in accordance with these rules and applicable provisions of 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 for clarification.

(4) Providing records by installment. If a requestor submits multiple records requests, or if a request 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 the records officer reasonably believes the request was automatically generated by a computer program or script.

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-050, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-050, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-060 Review of denials of records request.

(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, Washington 98504-0100.

(3) Judicial review. A requestor may petition the superior court for judicial review of the college's decision denying a public records request, whether in whole or in part, by following the procedures in RCW 42.56.550. The denial of a petition for internal administrative review under subsection (1) of this section shall constitute the final agency action subject to judicial review.

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-060, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-060, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-070 Records exempt from inspection for 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 officer 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 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-070, filed 2/19/19, effective 3/22/19. Statutory Authority: RCW 28B.50.140. WSR 99-10-045, § 132H-169-070, filed 4/30/99, effective 5/31/99.

Wash. Admin. Code § 132H-169-085 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 and 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.

(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 or 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 https://www.bellevuecollege.edu/legal/publicrecords/.

(5) Advance 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 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 check or money order payable to Bellevue College. The college prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.

(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 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-085, filed 2/19/19, effective 3/22/19.

Wash. Admin. Code § 132H-169-095 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 the chapter shall be construed as either requiring or prohibiting the college's application to the court for such an order.

History

Statutory Authority: RCW 42.56.040 and 28B.50.140(13). WSR 19-05-067, § 132H-169-095, filed 2/19/19, effective 3/22/19.

Chapter 132H-400 Grounds for athletic ineligibility—Legend drugs—Prescription drugs.

Wash. Admin. Code § 132H-400-005 Title.

Chapter 132H-400 WAC will be known as Grounds for athletic ineligibility—Legend drugs—Prescription drugs.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-005, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 90-09-067 (Order 103, Resolution No. 190), § 132H-400-005, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-400-007 Definitions.

"Legend drugs" means any drugs which are required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-007, filed 3/19/25, effective 4/19/25.

Wash. Admin. Code § 132H-400-010 Grounds for ineligibility.

Any student found by Bellevue College to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use or sale of legend drugs, including anabolic steroids, will be disqualified from participation in any school-sponsored athletic event or activity.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-010, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 90-09-067 (Order 103, Resolution No. 190), § 132H-400-010, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-400-020 Suspension procedure—Right to informal hearing.

Any student notified of a claimed violation of WAC 132H-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the vice president of student affairs or designee within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-020, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 90-09-067 (Order 103, Resolution No. 190), § 132H-400-020, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-400-030 Hearing.

If a timely written request for a hearing is made, the vice president of student affairs or designee shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482-494.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-030, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 90-09-067 (Order 103, Resolution No. 190), § 132H-400-030, filed 4/18/90, effective 5/19/90.

Wash. Admin. Code § 132H-400-040 Decision.

The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered, or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than 20 days after the request for hearing is received by the vice president of student affairs.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 25-07-107, s 132H-400-040, filed 3/19/25, effective 4/19/25. Statutory Authority: RCW 28B.50.140. WSR 90-09-067 (Order 103, Resolution No. 190), § 132H-400-040, filed 4/18/90, effective 5/19/90.

Chapter 132H-450 Environmental protection policy for Community College District VIII.

Wash. Admin. Code § 132H-450-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Bellevue College District VIII 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 131-24 WAC.

(2) The president of the district or designee shall be responsible for administering and implementing this policy.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 26-03-084, s 132H-450-010, filed 1/20/26, effective 2/20/26. Statutory Authority: RCW 28B.50.140. WSR 03-01-008, § 132H-450-010, filed 12/5/02, effective 1/5/03
WSR 02-10-068, § 132H-450-010, filed 4/26/02, effective 5/27/02.