Title 132k WAC — Pierce College

Chapter 132K-04 Board of trustees.

Wash. Admin. Code § 132K-04-001 Introduction.

The Pierce College board of trustees, under law, is charged with the responsibility of Community College District #11. 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 district president to administer the college and shall delegate to him/her the authority and responsibility for implementation of board policy.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-001, filed 6/3/97, effective 7/4/97
• WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-04-001, filed 7/11/86
• D-1, § 1500.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-010 Office of board.

The board of trustees shall maintain an office at 9401 Farwest Dr. S.W., Lakewood, Washington 98499-1999, where all records, minutes, and the official college seal shall be kept. This office shall be open during normal business hours.

Correspondence or other business for the board shall be sent to the secretary of the board, who is located in this office.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-010, filed 6/3/97, effective 7/4/97
• D-1, § 1510.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-020 Board meetings.

The board of trustees customarily holds a regular meeting on the second Wednesday of each month at such time and place as it may designate. Special meetings may be requested by the chair of the board or by a majority of the members of the board.

All regular and special meetings of the board of trustees shall be publicly announced prior to the meeting and shall be open to the general public.

No official business shall be conducted by the board of trustees except during a regular or special meeting held at a preannounced time and place.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-020, filed 6/3/97, effective 7/4/97
• D-1, § 1520.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-030 Board meetings—Information for board members.

Information and materials pertinent to the agenda of all regular meetings of the board shall be sent to the trustees prior to each meeting. Any matters of business or correspondence must be received by the secretary of the board by 12:00 noon three work days before the meeting in order to be included on the agenda. The chair or secretary may, however, present a matter of urgent business received too late for inclusion on the agenda if in his/her judgment the matter is of an emergency nature.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-030, filed 6/3/97, effective 7/4/97
• D-1, § 1521.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-040 Board meetings—Executive sessions.

The board of trustees may convene in executive session whenever it is deemed necessary and in the interest of the college for the purpose of discussing personnel matters, confidential matters, and receiving briefing on agenda items.

No official business of the board of trustees shall be conducted in executive session.

History

• D-1, § 1522.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-050 Board meetings—Participation.

The chair shall announce at the beginning of each meeting that members of the audience may speak to any item on the agenda at the time of its presentation to the board. The chair shall have the right to limit the length of time used by a speaker for the discussion of a subject.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-050, filed 6/3/97, effective 7/4/97
• WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-04-050, filed 7/11/86
• D-1, § 1523.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-060 Board meetings—Records of board action.

All business transacted in official board meetings shall be recorded in minutes and filed for reference.

History

• D-1, § 1524.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-080 Officers of board.

Annually, normally during its September meeting, the board shall elect, from its membership, a chair and vice chair to serve for the ensuing year. The district president shall serve as secretary to the board of trustees as specified by state law. The secretary may, at his/her discretion, appoint an appropriate college staff member to act as recording secretary for all regular and special meetings of the board.

The chair, in addition to any duties imposed by rules and regulations of the state board, shall preside at each regular or special meeting of the board, sign all legal and official documents recording actions of the board, and review the agenda prepared for each meeting of the board. The chair shall, while presiding at official meetings, have full right of discussion and vote.

The vice chair, in addition to any duties imposed by rules and regulations of the state board shall act as chair of the board in the absence of the chair.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-080, filed 6/3/97, effective 7/4/97
• WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-04-080, filed 7/11/86
• D-1, § 1530.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-090 Restriction of individual authority.

Legal authority is vested in the board of trustees and may be exercised only by formal action of the board, taken in regular or special meetings. No individual member of the board may act on behalf of the board unless specifically instructed by action of the board.

History

• D-1, § 1540.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-100 Fiscal year.

The fiscal year of the board shall conform to the fiscal year of the state of Washington and shall be from July 1 to June 30 inclusive.

History

• D-1, § 1550.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-110 Official seal.

The board of trustees 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:

COMMUNITY COLLEGE DISTRICT NO. 11

PIERCE COLLEGE

STATE OF WASHINGTON

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-110, filed 6/3/97, effective 7/4/97
• WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-04-110, filed 7/11/86
• D-1, § 1560.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-120 Revision of bylaws—Procedure.

Bylaws of the board may be revised by majority vote of the board provided such changes are proposed at least one meeting prior to the meeting at which the vote is taken. Bylaws may be revised by unanimous vote of the board at the same meeting at which the revision is originally proposed.

History

• D-1, § 1570.00, filed 9/20/67.

Wash. Admin. Code § 132K-04-130 Delegation of responsibility.

It shall be the responsibility of the Pierce College board of trustees to establish policy and to evaluate the success of the college operation. To administer the college, the board of trustees shall employ a district president and hold him/her responsible for the interpretation of board policy into administrative action and for the administration of the college in general.

Specific policies and their administrative interpretation shall be described in detail in the several sections of the official policies and procedures manual of the district.

History

• Statutory Authority: RCW 28B.50.140. WSR 97-12-071, § 132K-04-130, filed 6/3/97, effective 7/4/97
• WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-04-130, filed 7/11/86
• D-1, § 1600.00, filed 9/20/67.

Chapter 132K-10 State Environmental Policy Act (SEPA) rules.

Wash. Admin. Code § 132K-10-001 Capital projects to comply with SEPA.

It shall be the policy of Community College District No. 11 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA implementation, and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

History

• Order 29, § 132K-10-000 (codified as WAC 132K-10-001), filed 6/16/76.

Wash. Admin. Code § 132K-10-005 Responsible official.

In compliance with WAC 197-10-020, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.

History

• Order 29, § 132K-10-005, filed 6/16/76.

Chapter 132K-24 Continuing teaching excellence and professional improvement policy.

Wash. Admin. Code § 132K-24-010 Purpose.

To facilitate the continuing evaluation of tenured faculty members, every year after the awarding of tenure to a faculty member, division chairman shall review the teaching excellence and professional improvement of each division faculty member. Such review shall be equal and consistent in each case to the review of every other faculty member.

(1) To provide guidelines for individual faculty members to plan a program of professional improvement and to pursue teaching excellence.

(2) To suggest criteria that the division chairmen, other administrative personnel, and/or other concerned personnel may use to carry out their assigned functions of evaluating instructional personnel.

(3) To establish procedures of monitoring and enforcing programs that are generated by division action for individuals.

History

• Order 6, § 132K-24-010, filed 9/17/71.

Wash. Admin. Code § 132K-24-020 Responsibilities.

(1) It is expected that each individual faculty member will provide for his continuing teaching excellence and professional improvement.

(2) Division chairmen may use the "criteria of teaching excellence and professional improvement," listed in section III, as one means of evaluating instructional personnel.

(3) The office of instruction will monitor the programs generated by the division for individual faculty members.

History

• Order 6, § 132K-24-020, filed 9/17/71.

Wash. Admin. Code § 132K-24-030 Criteria of teaching excellence and professional improvement.

It will be considered evidence that faculty members are in compliance with the intent of this policy if they are engaged in any combination of the following activities:

(1) Attendance at professional conferences, conventions, meetings, or workshops relevant to the instructor's area of concern.

(2) Completion of teacher education courses, specialized training, or college credit programs relevant to the instructor's area of concern.

(3) Educational travel or periods of employment in related work.

(4) Changing texts, course outlines, tests, and other class materials to reflect current advancements within the various subject areas.

(5) Developing new courses, expanding current programs and curriculum, to include such things as state or national level programs.

(6) Taking an active part in intracollege programs, councils and committees that are involved in professional improvement.

(7) Research activities and writing for publication.

(8) Establishing and maintaining an appropriate individual program of evaluating classroom effectiveness which should include at least a record of student evaluations and the faculty member's attempts to respond to these critiques.

(9) Involvement in community service activities involving college related activities that are consistent with college objectives.

(10) Carry out functions as outlined in the Policies and Procedures Handbook under "faculty responsibilities and guidelines."

History

• Order 6, § 132K-24-030, filed 9/17/71.

Wash. Admin. Code § 132K-24-040 Procedures.

When a division member is not continuing in his teaching effectiveness or professional improvement, the division chairman will initiate the following procedures:

(1) He will meet with this faculty member and develop a plan for professional improvement to be made during an agreed upon period.

(2) A follow-up conference will be initiated between the division chairman and the concerned faculty member at the end of the agreed upon period.

(3) If the division chairman at that time is convinced that professional improvement is not apparent, the division chairman will convene a planning committee. This planning committee will be composed of the division chairman, a division member elected by the division, the concerned division member and the dean of instruction.

(4) The committee will review the evidence of the faculty member's professional development or teaching effectiveness. If the committee concurs with the division chairman's evaluation, the committee will establish a program of professional improvement for the faculty member together with a schedule for completion of the specific elements of the program.

(5) If, after the schedule for professional improvement has been completed, the committee considers the faculty member's professional improvement or teaching effectiveness to be unsatisfactory for the period, the committee may:

(a) Recommend to the college president that the individual's salary advancement for the ensuing year be withheld or

(b) Recommend to the college president that the faculty member's review committee be formally activated pursuant to WAC 132K-20-050 and 132K-20-060. (Community College District 11 tenure policy)

(6) Any professional staff member, with two professional staff cosigners, may petition for an evaluation of the teaching effectiveness and professional improvement of any division chairman. The evaluation will be initiated by the dean of instruction. If the dean's evaluation indicates that a division chairman's teaching record in this regard is inadequate, the dean will initiate steps one and two (paragraphs 1 and 2 above). If professional improvement is not apparent at the time of the follow-up conference, the dean will convene a planning committee, composed of the dean of instruction, a division member elected by the division, the most senior member of the division (other than the division chairman himself or the elected division member), and the concerned division chairman. The rest of the steps, paragraphs 4 and 5 above, will then become applicable.

History

• Order 6, § 132K-24-040, filed 9/17/71.

Chapter 132K-112 Qualifications and personnel selection policy—Election rules.

Wash. Admin. Code § 132K-112-011 Employment of more than one member of a family.

The appointment of more than one member of a family in the same division or department as a permanent employee in the classified staff service requires special justification in terms of personnel requirements and the unusual qualifications of the individual. Such appointment must have the prior approval of the director and is subject to periodic review. Two persons who are related by blood ties or by marriage may not be appointed to positions where one might exert any influence or produce any consequence upon the employment of the other. In general, people who are so related may not be employed in the same division or department of the college.

History

• Order 12, § 132K-112-011, filed 1/8/73.

Wash. Admin. Code § 132K-112-100 Purpose—Elections and recognition.

The board of trustees of Community College District No. 11 proposes the adoption of policies for the administration of chapter 28B.52 RCW which has as its purpose the strengthening of methods of communication between faculty employees and the community college district by which they are employed. Therefore, the board of trustees of Community College District No. 11 adopts reasonable rules and regulations for the administration of employer-employee relations under this chapter.

History

• Order 23, § 132K-112-100, filed 9/9/74.

Wash. Admin. Code § 132K-112-105 Definitions.

(1) "Employee organization" means any organization which includes as members the faculty employees of Community College District No. 11 and which has as one of its purposes the representation of the employees in their employment relations with the community college district.

(2) "Faculty employee" means any teacher, counselor, librarian, or division head, who is employed by Community College District No. 11, with the exception of those holding administrative appointments as defined by the board of trustees unless included as specified in WAC 132K-112-205 and those employed exclusively in community service courses.

(3) "Full-time appointment" shall be one in which the academic employee receives a full-time contract and works a full-time load for three complete quarters in one academic year. (Fall, winter, spring.)

(4) "Part-time appointment" shall mean employment in a quarterly teaching agreement with specifically assigned duties usually based on contact hours for the two previous, consecutive quarters, exclusive of summer quarter. (For purpose of determining proportion of vote, a full-time load shall consist of a maximum of 25 contact hours, weekly, for high school completion; college level, 20 contact hours; learning labs such as mathematics, reading/individual progress center, counselors and librarians, 40 contact hours. In addition, all full-time faculty are required to have office hours as prescribed by the administration, committee assignments, advising and other assigned duties.)

History

• Order 23, § 132K-112-105, filed 9/9/74.

Wash. Admin. Code § 132K-112-110 Request for election—Canvass of faculty employees by independent and neutral person or association.

Any organization, which includes as members faculty employees of Community College District No. 11, desiring to be recognized as the majority organization representing such employees pursuant to chapter 28B.52 RCW shall request in writing to the board of trustees of Community College District No. 11 that an election be held to determine whether a majority of such employees desire to designate it as their representative for the purposes of the act. Upon the receipt of such a request the board of trustees of Community College District No. 11 will request some independent and neutral person or association to determine whether thirty percent or more, calculated on a weighted basis as specified in WAC 132K-112-125 and 132K-112-200, of the faculty employees of Community College District No. 11 have indicated that they desire to be represented by that organization for such purposes. The independent and neutral person or association shall make such determination upon the basis of records of dues-paying membership, signed authorizations to represent, or other reliable probative evidence.

History

• Order 23, § 132K-112-110, filed 9/9/74.

Wash. Admin. Code § 132K-112-115 Notice of election—Organization to be included on ballot—Time for filing.

If the independent and neutral person or association determines that thirty percent or more of the faculty employees of Community College District No. 11 have indicated that they desire to be represented by that organization for such purposes, the board of trustees of Community College District No. 11 will publish a notice that it will hold an election as soon as practical, during the regular academic year, to determine whether the faculty employees of Community College District No. 11 desire the requesting organization or any other organization to represent them for the purposes of chapter 28B.52 RCW. Any other organization of faculty employees desiring to be designated as the majority organization representing such employees shall, within seven days after publication of such notice by the board of trustees of Community College District No. 11, file with the board of trustees a request in writing that its name be included on the ballot in the election to be held. No organization shall be permitted to have its name placed on the ballot used in the election unless such a request has been received within seven days after the publication of the notice that an election will be held. Such organization must accompany the request for placement on the ballot by written proof of at least ten percent representation, calculated on a weighted basis as specified in WAC 132K-112-125 and 132K-112-200 of the faculty employees within the district.

History

• Order 23, § 132K-112-115, filed 9/9/74.

Wash. Admin. Code § 132K-112-120 Contents of notice of election—Designation of chief election officer—Duties.

The notice published by the board of trustees of Community College District No. 11 pursuant to WAC 132K-112-115 shall state the date, hours, and polling places for the election. The notice shall also designate a chief election officer of the election and charge him with the duty of preparing the ballots and promulgating instructions concerning the details of the election to be conducted pursuant to these rules.

History

• Order 23, § 132K-112-120, filed 9/9/74.

Wash. Admin. Code § 132K-112-125 Lists of faculty employees—Posting of lists.

In any election conducted pursuant to these rules, three lists of faculty employees eligible to vote shall be prepared by the board of trustees for each voting place. List one shall contain the name of faculty employees on full-time appointments and names of academic employees on part-time appointments whose assignment is equal to or greater than a full load. Faculty employees on list one shall be given the election ballot titled full vote as described in WAC 132K-112-135. List two shall contain the names of faculty employees on part-time appointments whose assignments are one-half of a full load or greater but less than full time. Faculty employees on list two shall be given the election ballot titled two-thirds vote as described in WAC 132K-112-135. List three shall contain the names of faculty employees on part-time appointments whose assignments are less than one-half of a full load. Faculty employees on list three shall be given the election ballot titled one-third vote as described in WAC 132K-112-135. Such lists shall be posted at least twenty-four hours before the election. Such lists shall be for informational purposes and shall not be conclusive as to the right of a faculty employee to vote in the election.

History

• Order 23, § 132K-112-125, filed 9/9/74.

Wash. Admin. Code § 132K-112-130 Election inspectors—Duties—Right to challenge voter—Improper conduct.

The election officer shall designate at least one inspector for each polling place to observe the conduct of the election. Any organization whose name shall appear on the ballot in the election shall also be entitled to have one inspector present at each polling place to observe the conduct of the election. Each organization shall also be entitled to have an inspector present at the college district office for the counting of the ballots cast. Such inspectors must refrain from electioneering during the election. They may challenge the eligibility of any person to vote in the election, and, upon such challenge the ballot of that person shall be treated as provided in these rules. Any faculty employee may challenge his/her placement on the election lists by so indicating to the appropriate election inspector at the time of voting, and upon such challenge the ballot of that person shall be treated as provided in these rules. Inspectors shall also report in writing to the chief election officer any conduct which they observe in the course of balloting which they believe may have improperly affected the result of the voting at the polling place at which they serve as observers.

History

• Order 23, § 132K-112-130, filed 9/9/74.

Wash. Admin. Code § 132K-112-135 Ballots.

The ballots used in any election held pursuant to this part shall be in the following forms listing all eligible organizations along with a means of indicating no organization.

History

• Order 23, § 132K-112-135, filed 9/9/74.

Wash. Admin. Code § 132K-112-140 Record of vote—Signature—Challenge.

At the time of the election the name of each employee voting shall be recorded by his signature written beside his name on the voting lists for the polling place at which he votes. Each faculty employee may cast only one ballot in any election held pursuant to these rules, and the presence of a signature beside the name of an employee desiring to vote shall automatically constitute grounds for challenge of his right to cast a ballot in an election.

History

• Order 23, § 132K-112-140, filed 9/9/74.

Wash. Admin. Code § 132K-112-145 Incorrectly marked ballot.

Any voter who incorrectly marks his ballot may obtain a new ballot by returning the incorrectly marked ballot to the chief election officer's inspector. Such incorrectly marked ballot shall be marked void in the presence of the inspectors of organizations participating in the election before the new ballot is delivered to the voter.

History

• Order 23, § 132K-112-145, filed 9/9/74.

Wash. Admin. Code § 132K-112-150 Privacy for voter—Equipment.

Voters shall be provided with tables or desks so arranged that a voter may mark his ballot without making it possible for other persons to observe the manner in which he has marked it.

History

• Order 23, § 132K-112-150, filed 9/9/74.

Wash. Admin. Code § 132K-112-155 Folding ballot—Ballot box.

Each voter shall fold his ballot so that the manner in which he has marked it cannot be observed and shall then place it in the locked box provided at the designated voting place.

History

• Order 23, § 132K-112-155, filed 9/9/74.

Wash. Admin. Code § 132K-112-160 Challenged ballot—Procedure.

A challenged ballot shall be placed in an envelope bearing no identifying marks. It shall then be placed in another envelope upon which shall be written the name of the employee desiring to cast the ballot, the reasons for which the ballot was challenged, by whom it was challenged, and the polling place at which it was challenged, and the envelope shall be sealed and initialed by the election inspectors.

History

• Order 23, § 132K-112-160, filed 9/9/74.

Wash. Admin. Code § 132K-112-165 Employees present entitled to vote—Sealing ballot box—Unused ballots.

At the time for closing the polls, all employees present and waiting at the polling place shall be entitled to vote. The ballot box shall then be sealed. All unused ballots shall then be counted in the presence of election inspectors.

History

• Order 23, § 132K-112-165, filed 9/9/74.

Wash. Admin. Code § 132K-112-170 Election inspectors duties after voting has terminated.

When all voting has terminated at a polling place, the election inspectors will bring to the chief election officer at the community college district office the following: (1) Signed voting list of eligible faculty employees, (2) all unused ballots, (3) all challenged ballots, and (4) the sealed ballot box containing all ballots cast.

History

• Order 23, § 132K-112-170, filed 9/9/74.

Wash. Admin. Code § 132K-112-175 Disposition of challenged ballots—Tally sheets—Investigation by chief election officer.

The challenged ballots previously placed in separate envelopes shall be placed in a sealed envelope marked "challenged ballots" and sent along with the tally sheet to the chief election officer. The challenged ballots shall not be opened or counted unless the counting of such ballots might affect the results of the election. If the challenged ballots might affect the results of the election, the chief election officer shall conduct an investigation into, or if necessary a formal hearing on, the validity of the challenges made. If he concludes that the eligibility challenge was properly made, that ballot shall be excluded from the count. If he concludes that the listing error challenge was properly made, that ballot shall be counted in the appropriate category. Otherwise, such ballots shall be counted as cast.

History

• Order 23, § 132K-112-175, filed 9/9/74.

Wash. Admin. Code § 132K-112-180 Counting of ballots—Procedure—Certification of results of election—Retention of ballots—Signed voting lists.

When ballot boxes from all voting places have been received by the chief election officer's inspector, he shall open them and thoroughly mix all ballots cast so that it is impossible to identify the polling place from which any particular ballot came. The ballots cast shall be separated into the categories as they have been cast for organizations participating in the election, for no organization, and void ballots which are unintelligible or for an organization not participating in the election. The ballots in these categories shall be counted by the chief election officer with the assistance of such of his election inspectors as shall be necessary in the presence of the inspectors for the organizations participating in the election. After the ballots have been so counted the inspector designated by the organizations to serve at the community college district office shall indicate by his signature upon the tally sheet that he agrees with the count made, or in case of disagreement, he shall outline in writing his grounds for disagreement with the count. The chief election officer shall certify to the board of trustees the results of the election within forty-eight hours after the polls have been closed. The used ballots, the unused ballots, the challenged ballots, and the signed voting lists of eligible faculty employees shall be kept by the chief election officer or some person designated by him for one year after the election.

History

• Order 23, § 132K-112-180, filed 9/9/74.

Wash. Admin. Code § 132K-112-185 Electioneering within the polls forbidden.

No election signs, banners, or buttons shall be permitted in the room in which the balloting takes place, nor shall any person in that room discuss the advantages or disadvantages of representation by an organization whether on the ballot or otherwise, nor shall any person in that room engage in any other form of electioneering.

History

• Order 23, § 132K-112-185, filed 9/9/74.

Wash. Admin. Code § 132K-112-190 Contest of election—Time for filing objections—Investigation of objections.

Any organization, the name of which appears on the ballot, or any faculty employee may within five days after the certification of the results of an election under the provisions of this part, file objections to the conduct of the election with the chief election officer designated by the board of trustees pursuant to WAC 132K-112-120 of this part. The election officer shall investigate such objections and, if necessary, hold formal hearings thereon. He shall report thereon to the board of trustees. If the board of trustees shall conclude that the conduct objected to may have improperly affected the results of the election, it shall order a new election. Otherwise, it shall overrule the objections and the results of the election shall be considered final. If the objection(s) of the organization or employee(s) concerns the placement of faculty employee(s) on appropriate voting lists, the board shall review the report of the election officer and shall order a new election only if they disagree with the resolution implemented by the election officer and find that the method used may have improperly affected the results of the election. Objections to the conduct of the election which are not filed in accordance with the provisions of this section shall be waived and of no effect.

History

• Order 23, § 132K-112-190, filed 9/9/74.

Wash. Admin. Code § 132K-112-195 Persons eligible to vote.

For the purposes of eligibility to vote, the term "faculty employee" means any full-time teacher, counselor, librarian, or division head, who is currently employed by Community College District No. 11 with the exception of those holding administrative appointments as defined by the board of trustees unless included as specified in WAC 132K-112-205. "Faculty employee" shall also mean any teacher, counselor, librarian, or division head who has been employed by the college less than fulltime for the previous two consecutive quarters, exclusive of summer quarters, except for those employed exclusively for community service courses.

History

• Order 23, § 132K-112-195, filed 9/9/74.

Wash. Admin. Code § 132K-112-2001 Election determined by majority of valid votes cast calculated on a weighted basis—Run-off election.

An organization of faculty employees which receives a majority of the valid votes cast, calculated on a weighted basis, in an election held in accordance with the rules of this part shall be recognized as representing the faculty employees of Community College District No. 11 pursuant to chapter 28B.52 RCW. If more than one organization of faculty employees has participated in an election and a majority of the valid votes cast, calculated on a weighted basis, has not been either for representation by one of the organizations or for no representation, a run-off election shall be held. In such a run-off, only those two choices receiving the highest weighted number of valid votes cast in the election shall appear on the ballot.

History

• Order 23, § 132K-112-200 (codified as WAC 132K-112-2001), filed 9/9/74.

Wash. Admin. Code § 132K-112-205 Inclusion of those holding administrative appointments except chief executive officer.

Any three persons holding an administrative appointment as defined by the board of trustees of Community College District No. 11 desiring to be included in the faculty employee organization shall request in writing to the board of trustees of Community College District No. 11 that a two-stage election process be held to determine if a majority of those holding administrative appointments as defined by the board of trustees of Community College District No. 11, except the chief executive officer, desire to designate the faculty employee organization as their representative for the purpose of the act. Upon the receipt of such a request the board of trustees of Community College District No. 11 will request some independent and neutral person or association to determine whether thirty percent or more, calculated on a weighted basis as specified in WAC 132K-112-125 and 132K-112-200, of those holding administrative appointments have indicated they desire to be represented by the faculty employee organization for such purposes. The independent and neutral person or association shall make such determination upon the basis of records of dues-paying membership, signed authorizations to represent, or other reliable and probative evidence.

If the independent and neutral person or association determines that thirty percent of those holding administrative appointments, as determined by the board of trustees of Community College District No. 11 have indicated that they desire to be represented by the faculty employee organization for such purposes, the board of trustees of Community College District No. 11 will publish notice of the election, and conduct the election as specified in WAC 132K-112-115, through 132K-112-200 of these rules.

If the majority of those holding administrative appointments, calculated on a weighted basis as specified in WAC 132K-112-125 and 132K-112-200, desire to be represented by the faculty employee organization, the board of trustees of Community College District No. 11 will publish notice of the election to determine if a majority of all members of the faculty employee organization favor the inclusion of those holding administrative appointments in their organization. The board of trustees of Community College District No. 11 shall conduct the election as specified in WAC 132K-112-115 through 132K-112-200 of these rules.

History

• Order 23, § 132K-112-205, filed 9/9/74.

Wash. Admin. Code § 132K-112-210 Time lapse for new election.

If no organization of faculty employees is selected as representative in an election held pursuant to these rules, another election shall not be held until the lapse of one year from the date of the certification of the results of the earlier election. If an organization of faculty employees is selected as the recognized employee organization in an election held pursuant to these rules, another election shall not be held until the lapse of one year from the date of the certification of the results of the earlier election.

History

• Order 23, § 132K-112-210, filed 9/9/74.

Wash. Admin. Code § 132K-112-215 Certification of academic employees' representative.

The employee organization which receives the majority of all votes cast in any election held pursuant to WAC 132K-112-100 through 132K-112-215 shall be certified as the representative of all academic employees as of the expiration or nonrenewal, whichever is sooner, of any collective bargaining agreement between the district and a certified academic employees' representative. In the absence of any such collective bargaining agreement, certification of the prevailing organization shall be effective concurrently with certification of the election results as provided in WAC 132K-112-180.

History

• Order 23, § 132K-112-215, filed 9/9/74.

Chapter 132K-116 Parking and traffic rules.

Wash. Admin. Code § 132K-116-010 Introduction.

Pierce College District Number Eleven hereby establishes these regulations to govern pedestrian and vehicular traffic and parking on property devoted to the educational activities of Pierce College.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-010, filed 3/27/26, effective 4/27/26. Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-116-010, filed 7/11/86
• Order 13, § 132K-116-010, filed 2/20/73.

Wash. Admin. Code § 132K-116-015 Objectives of traffic rules and regulations.

The objectives of these traffic regulations are:

(1) To protect and control pedestrian and vehicular traffic;

(2) To assure access at all times of emergency equipment;

(3) To minimize traffic disturbance during class hours;

(4) To facilitate the work of the college by assuring access to its vehicles and by assigning the limited parking space for the most efficient use.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-015, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-015, filed 2/20/73.

Wash. Admin. Code § 132K-116-020 Applicable traffic rules and regulations—Areas affected.

The traffic regulations which are applicable on property devoted to the educational activities of the college are as follows:

(1) The motor vehicle and other traffic laws of the state of Washington shall be applicable.

(2) The traffic code of Pierce County, Washington shall be applicable on all property located within Pierce County, Washington.

(3) These regulations shall be applicable to all properties which are or may hereafter be devoted to educational, research, recreational, or parking activities of the college.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-020, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-020, filed 2/20/73.

Wash. Admin. Code § 132K-116-025 Permits required for vehicles on campus.

Except as provided in WAC 132K-116-030, no person shall drive any vehicle, nor shall any person stop, park, leave or abandon any vehicle, whether attended or unattended, on the campus of the college without a permit issued by Pierce College campus safety.

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

Abandoned vehicle: For purposes of this chapter, "abandoned vehicle" shall mean any vehicle left on college property in violation of college parking rules and without the written consent of the college for a period of 24 hours or longer. Written consent shall be granted to the owner or operator of an abandoned vehicle who is unable to remove the vehicle from the place where it is located and so notifies campus safety and requests assistance.

Recreational vehicles (RVs), including motor homes and campers, are not allowed to park on campus during the night 10:00 p.m. - 6:00 a.m.

(1) Permission to park on campus will be shown by the display of a valid permit issued by Pierce College campus safety.

(2) A valid permit is:

(a) An unexpired parking sticker properly registered and displayed in accordance with instructions; or

(b) A temporary permit authorized by Pierce College campus safety and displayed in accordance with instructions on the permit.

(3) Parking permits are not transferable.

(4) The college reserves the right to refuse the issuance of a parking permit.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-025, filed 3/27/26, effective 4/27/26. Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-116-025, filed 7/11/86
• Order 36, § 132K-116-025, filed 9/6/77
• Order 31, § 132K-116-025, filed 9/17/76
• Order 13, § 132K-116-025, filed 2/20/73.

Wash. Admin. Code § 132K-116-030 Visitors—Exemption from permit requirements.

All visitors are required to park in designated visitor areas and report vehicle information to campus safety promptly after arriving. A visitor's permit shall be issued without a fee.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-030, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-030, filed 9/17/76
• Order 13, § 132K-116-030, filed 2/20/73.

Wash. Admin. Code § 132K-116-035 Restrictions on use of vehicles with permits.

The college follows Washington state laws for disabled parking.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-035, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-035, filed 9/17/76
• Order 13, § 132K-116-035, filed 2/20/73.

Wash. Admin. Code § 132K-116-040 Speed.

No vehicle shall be operated on the campus at a speed more than 15 miles per hour unless otherwise posted or such lower speed as is reasonable and prudent in the circumstances.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-040, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-040, filed 9/17/76
• Order 13, § 132K-116-040, filed 2/20/73.

Wash. Admin. Code § 132K-116-045 Regulatory signs and directions.

Drivers of vehicles shall obey regulatory signs and signs related to the collection of fees posted by the college. Drivers of vehicles shall also comply with directions given to them by Pierce College campus safety in the control and regulation of traffic.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-045, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-045, filed 9/17/76
• Order 13, § 132K-116-045, filed 2/20/73.

Wash. Admin. Code § 132K-116-060 Parking within designated spaces.

No vehicle shall be parked to occupy any portion of more than one parking space or stall as designated within the parking area.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-060, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-060, filed 2/20/73.

Wash. Admin. Code § 132K-116-065 Disabled and inoperative or abandoned vehicles.

No disabled, inoperative, or abandoned vehicle shall be parked on the campus without approval. Vehicles which have been disabled, inoperative, or abandoned may be towed at the expense of the vehicle's owner or operator following 24 hours notice posted on the vehicle.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-065, filed 3/27/26, effective 4/27/26. Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-116-065, filed 7/11/86
• Order 36, § 132K-116-065, filed 9/6/77
• Order 31, § 132K-116-065, filed 9/17/76
• Order 13, § 132K-116-065, filed 2/20/73.

Wash. Admin. Code § 132K-116-070 Special traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional heavy traffic and during emergencies, Pierce College campus safety is authorized to impose additional traffic and parking regulations and restrictions for the achievement of the objectives in WAC 132K-116-015.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-070, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-070, filed 9/17/76
• Order 13, § 132K-116-070, filed 2/20/73.

Wash. Admin. Code § 132K-116-075 Authorization for issuance of permits.

Pierce College campus safety is authorized to issue permits to park on the campus. Permits may be obtained from Pierce College campus safety. The application for a permit must be accompanied by the applicant's vehicle registration. This will also include multiple vehicle permits.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-075, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-075, filed 9/17/76
• Order 13, § 132K-116-075, filed 2/20/73.

Wash. Admin. Code § 132K-116-080 Lettering and numbering of parking areas.

The college is authorized to designate and mark the various parking areas on the campus with numbers or letters by the posting of signs or by other means in those areas.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-080, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-080, filed 9/17/76
• Order 13, § 132K-116-080, filed 2/20/73.

Wash. Admin. Code § 132K-116-085 Allocation of parking space.

The parking space available on the campus shall be allocated by the college. Certain restricted parking areas on campus are marked as, "disabled," "employee," "carpool," "electric vehicle," "service vehicles," "visitors," "motor pool," "loading zone," etc.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-085, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-085, filed 9/17/76
• Order 13, § 132K-116-085, filed 2/20/73.

Wash. Admin. Code § 132K-116-090 Visitors and guests.

All visitors who are not college employees or students will park in available space as directed by the college. Visitors must check in with campus safety after parking and provide the make and model of their vehicle.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-090, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-090, filed 9/17/76
• Order 13, § 132K-116-090, filed 2/20/73.

Wash. Admin. Code § 132K-116-095 Permit revocations.

(1) Permits are the property of the college and may be recalled for any of the following reasons by campus safety:

(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 individual;

(c) Falsification on a parking permit application;

(d) Continued violations of parking regulations;

(e) Counterfeiting or altering of stickers.

(2) Vehicles displaying canceled permits will be subject to citation or towing.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-095, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-095, filed 9/17/76
• Order 13, § 132K-116-095, filed 2/20/73.

Wash. Admin. Code § 132K-116-120 Display of permits.

The permit issued by Pierce College campus safety shall be placed as per directions on the permit. Permits not displayed in accordance with the provisions of this section shall not be valid.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-120, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-120, filed 9/17/76
• Order 13, § 132K-116-120, filed 2/20/73.

Wash. Admin. Code § 132K-116-125 Responsibility of person to whom permit is issued.

The person to whom a permit is issued pursuant to these regulations shall be responsible for all violations of these rules and regulations involving the vehicle for which the permit was issued and to which it was affixed, provided, however, that such responsibility shall not relieve other persons who violate these rules and regulations.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-125, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-125, filed 2/20/73.

Wash. Admin. Code § 132K-116-130 Refund of fees.

Parking fees are nonrefundable.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-130, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-130, filed 9/17/76
• Order 13, § 132K-116-130, filed 2/20/73.

Wash. Admin. Code § 132K-116-135 Procedure—Issuance of summons or citations.

Upon probable cause to believe that a violation of these regulations has occurred, Pierce College campus safety may issue a citation setting forth the date, the approximate time, location, and the nature of the violation. Citations may be served by attaching a copy to the vehicle allegedly involved in such violation, or by placing a copy on the vehicle. Vehicles not displaying a valid permit may be towed after the third citation has been issued. (See WAC 132K-116-165)

Questions pertaining to citations may be directed to campus safety.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-135, filed 3/27/26, effective 4/27/26. Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-116-135, filed 7/11/86
• Order 36, § 132K-116-135, filed 9/6/77
• Order 31, § 132K-116-135, filed 9/17/76
• Order 13, § 132K-116-135, filed 2/20/73.

Wash. Admin. Code § 132K-116-140 Grievance proceedings—Bond for appearance—Date of hearing.

(1) The citation issued pursuant to WAC 132K-116-135 shall direct the respondent to appear before the college within five business days. At that time, the respondent will be informed of the next meeting of the college parking committee.

(2) The respondent may then elect to waive their right to appear before the college parking committee and pay the appropriate fine or appeal the violation. If the respondent elects to appeal the violation, they will be informed that the appeal must be made in writing to the dean of student services giving full particulars, listing witnesses, evidence, etc., within five business days following the issuance of a citation.

The college parking committee shall consist of Pierce College representatives.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-140, filed 3/27/26, effective 4/27/26. Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-116-140, filed 7/11/86
• Order 36, § 132K-116-140, filed 9/6/77
• Order 31, § 132K-116-140, filed 9/17/76
• Order 15, § 132K-116-140, filed 4/6/73
• Order 13, § 132K-116-140, filed 2/20/73.

Wash. Admin. Code § 132K-116-145 Fines and penalties.

The fines or penalties to be assessed for violation of these regulations shall be as follows:

(1) Parking violations. $15.00 if the five business day requirement of WAC 132K-116-140 is not met.

(2) Exceeding the speed limit. Not less than $38.00 or more than $188.00 and/or loss of parking and driving privileges on campus for up to one year, and appearance before the college parking committee for appropriate disciplinary action.

(3) Any other violations of these regulations. Not less than $15.00 or more than $188.00 and/or loss of parking privileges on campus for up to one year, and appearance before the dean of student services or designee for appropriate disciplinary action.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-145, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-145, filed 9/17/76
• Order 15, § 132K-116-145, filed 4/6/73
• Order 13, § 132K-116-145, filed 2/20/73.

Wash. Admin. Code § 132K-116-150 Mitigation and suspension of penalties.

Upon showing of good cause or mitigating circumstances, the dean of student services or designee may impose any lesser fine or penalty than those established in WAC 132K-116-145, or it may grant an extension of time within which to comply with its determination.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-150, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-150, filed 9/17/76
• Order 15, § 132K-116-150, filed 4/6/73
• Order 13, § 132K-116-150, filed 2/20/73.

Wash. Admin. Code § 132K-116-160 Regulatory signs, markings, barricades, etc.

The college is authorized to erect signs, barricades, and other structures and to paint marks and other directions upon the streets and roadways for the regulation of traffic and parking.

No person without authorization from the college shall move, deface, or in any way change a sign, barricade, structure, marking, or direction so placed, or previously placed, for the purpose of regulating traffic or parking.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-160, filed 3/27/26, effective 4/27/26
• Order 31, § 132K-116-160, filed 9/17/76
• Order 13, § 132K-116-160, filed 2/20/73.

Wash. Admin. Code § 132K-116-165 Towing of vehicles.

Any vehicles parked on property in violation of these regulations including the motor vehicle and other traffic laws of the state of Washington and the traffic code of Pierce County, Washington as incorporated in WAC 132K-116-020 may be towed. The expenses of such towing and storage shall be charged to the owner or operator of the vehicle and paid by them prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such towing and storage.

Towing without notice. A vehicle may be towed without notice to the owner or operator in the following circumstances:

(1) When in the judgment of the college, the vehicle is obstructing or may impede the flow of traffic; or

(2) When in the judgment of the college, the vehicle poses an immediate threat to public safety.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-165, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-165, filed 2/20/73.

Wash. Admin. Code § 132K-116-170 Delegation of authority.

Delegation of this authority has been provided to the vice president of technology and infrastructure and their designees.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-170, filed 3/27/26, effective 4/27/26
• Order 13, § 132K-116-170, filed 2/20/73.

Wash. Admin. Code § 132K-116-175 Liability of college.

The college assumes no liability under any circumstances for vehicles parked on campus.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-175, filed 3/27/26, effective 4/27/26
• Order 15, § 132K-116-175, filed 4/6/73
• Order 13, § 132K-116-175, filed 2/20/73.

Wash. Admin. Code § 132K-116-180 Electric vehicles, motorcycles, bicycles, EPAMDs, and scooters.

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

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

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

(c) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be confiscated and returned to the owner if requested within six months from campus safety lost and found.

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

(2) Installed electric vehicle charging spaces. Electric vehicle charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

(3) Electric vehicle charging infrastructure for accessible parking spaces. When electric vehicle charging infrastructure is required, a minimum of one accessible parking space shall be served by electric vehicle charging infrastructure. The electric vehicle charging infrastructure may also serve adjacent parking spaces not designated as accessible parking.

(4) Electric vehicle charging station signage. Electric vehicle signage will meet the requirements of RCW 46.08.185. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-180, filed 3/27/26, effective 4/27/26.

Wash. Admin. Code § 132K-116-185 Parking—Special exemptions.

Consideration shall be given to provide parking for the following (on a space available basis):

(1) Members of the press, television, and radio on official business.

(2) Vehicles owned by contractors and their employees working on campus construction.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-062, s 132K-116-185, filed 3/27/26, effective 4/27/26.

Chapter 132K-130 Tuition and fee waivers.

Wash. Admin. Code § 132K-130-010 Tuition and fee waivers.

(a) Pierce College may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC and under regular college fiscal processes;

(b) Upon an applicant's request, individual determination on tuition and fee waivers will be reviewed by the college registrar in a brief adjudicative proceeding under RCW 34.05.482 - 34.05.494.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 95-17-072, § 132K-130-010, filed 8/17/95, effective 9/17/95.

Chapter 132K-135 Pierce College—Student conduct code.

Wash. Admin. Code § 132K-135-020 Authority.

The Pierce College board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the chancellor of the college the authority to administer disciplinary action. The chancellor is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president of learning and student success or their designee. The student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-020, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-020, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-030 Definitions.

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

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

(2) "College" means Pierce College district and any other community college centers or premises established within Washington State Community College District No. 11.

(3) "College community" means students, employees, trustees, and volunteers.

(4) "College official" includes any person employed by the college performing assigned duties.

(5) "College premises" shall include all campuses of the college, wherever located, and includes all land, buildings, facilities, vehicles, equipment, and other property owned, used, rented, leased, operated or controlled by the college. College premises extends to distance education classroom environments, and agencies or institutions that have educational agreements with the college.

(6) "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. In any case involving a report of sexual misconduct as defined in this student conduct code, a complainant is afforded certain rights under this student conduct code including, but not limited to:

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

(b) The right to appeal a disciplinary decision; and

(c) The right to be accompanied by a process advisor.

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

(8) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.

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

(10) "Faculty member" and "instructor" are any employee of Community College District No. 11 who is employed on a full-time or part-time basis as a teacher, instructor, counselor, faculty advisor, or librarian.

(11) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. 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) By sending the document by email and first class mail to the specified college email address and official's office address.

Papers required to be filed shall be deemed filed upon actual receipt during office hours at the office of the specified college official.

(12) "President" is the president of a college campus. The president is authorized to delegate any and all responsibilities as set forth in the chapter as may be reasonably necessary.

(13) "Respondent" is the student against whom disciplinary action is initiated.

(14) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:

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

(b) By sending the document by both email, and by either certified mail or first class mail to the party's last known address.

Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail.

(15) "Sexual misconduct" has the meaning ascribed to this term in WAC 132K-135-070(15).

(16) "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 after allegedly violating the code, 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."

(17) "Student conduct officer" is a college administrator designated by the president or vice president of learning and student success to be responsible for implementing and enforcing the student conduct code.

(18) "Student organization" means any number of students who have met the college's formal requirements of clubs or organizations.

(19) "Visitors" means guests, applicants, contractors, vendors, advisory board members, foundation board members, and members of the public on college premises.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-030, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-030, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-040 Statement of jurisdiction.

(1) The student conduct code shall apply to student conduct that occurs:

(a) On college premises;

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

(c) Off-campus where indicated in the rule or that in the judgment of the college adversely affects the college community, visitors, or the pursuit of the college's objectives.

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

(3) Students are responsible for their conduct from the time of notification of acceptance at the college through the actual receipt of a degree or certificate, 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.

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 23-05-035, § 132K-135-040, filed 2/7/23, effective 3/10/23
• WSR 21-11-045, § 132K-135-040, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-040, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-050 Students abroad.

Students who participate in any college-sponsored or sanctioned international program shall observe the following:

(1) The laws of the host country;

(2) The academic and disciplinary regulations of the educational institution or residential housing program where the student is placed;

(3) Any other agreements related to the student's program in another country; and

(4) Pierce College's student conduct code.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-13-102, § 132K-135-050, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-060 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 premises 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 services, 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 student conduct code is entitled to procedural due process as set forth in this chapter.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-060, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-060, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-070 Prohibited student conduct.

The college may impose disciplinary sanctions against a student who commits, attempts to commit, aids, abets, incites, encourages, or assists another person to commit, an act(s) of misconduct which include, but are not limited to, the following:

(1) Abuse of others. Assault, physical abuse, verbal abuse, threat(s), intimidation, or other conduct, which 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) 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 in response to academic dishonesty. Faculty may impose up to and including a failing grade in an academic class and academic divisions or departments may impose up to and including dismissal from an academic program. Policies and procedures governing the imposition of academic consequences for academic dishonesty can be found in the class syllabus and applicable program handbook.

(a) Cheating includes using or any attempt to use, give or obtain unauthorized assistance relating to the completion of an academic assignment, test, or exam.

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

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

(d) Multiple submissions includes submitting the same work in separate classes without the express permission of the instructor(s).

(e) Deliberate damage includes taking deliberate action to destroy or damage another's academic work or college property.

(f) No student shall be allowed to withdraw from a course or from the college to avoid the consequences of academic dishonesty.

(3) 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; or

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

(4) Alcohol. The use, possession, manufacture, distribution, sale, or being under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.

(5) Cyber misconduct. Cyberstalking, cyberbullying, or online harassment. Use of electronic communications including, but not limited to, electronic mail (email), text messaging, social media sites, or applications (apps), to harass, abuse, bully, or engage in other conduct which 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 texts, disrupting electronic communications with spam or by sending a computer virus, or sending false messages to third parties using another's identity (spoofing).

(6) Discriminatory harassment.

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

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

(ii) Create an intimidating, hostile, or offensive environment for other college community members and/or visitors.

(b) Discriminatory harassment may include, but is not limited to, physical, verbal, written, social media, and electronic communications.

(c) Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

(7) Disorderly conduct. Conduct, or assisting or encouraging another person to engage in such conduct, which disrupts campus operations or the college's educational, social, or housing programs.

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

(9) 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.

(10) Failure to comply with directive. Failure to comply with the reasonable direction of a college officer 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.

(11) 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, or duration of the comments or actions.

(12) Hazing. Hazing includes any act, on or off the college premises, committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with 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 attending a public or private institution of higher education or other postsecondary educational institution in this state, 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.

(13) Lewd conduct. Conduct which is vulgar, obscene, or indecent, unless otherwise protected by law.

(14) Marijuana or other drugs.

(a) Marijuana or marijuana products. The use, possession, delivery, sale, or being observably under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

(b) Drugs. The use, possession, delivery, sale, or being observably under the influence of any legend or prescription drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41 RCW, or any other controlled substance, including narcotic drugs or opiates, under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner.

(15) Misuse of computer time or 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 use of such resources or unauthorized opening of a file, message, or other item;

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

(c) Unauthorized use or distribution of someone else's password or other identification;

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

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

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

(g) Use of such 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; or

(i) Failure to comply with the computer information systems resources acceptable use or subsequent similar policy.

(16) Property violation. Damage to, theft of, misappropriation of, unauthorized use or possession of, vandalism of, or other nonaccidental damaging or destruction of, real or personal property or money of:

(a) The college or state;

(b) Any student or college officer, employee, or student organization;

(c) Any other member of the college community, or visitors.

(17) Retaliation. Any intentional, adverse action taken by an accused individual or allied third party, absent legitimate nondiscriminatory purposes, as reprisal against any individual for reporting, providing information, exercising one's rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state or local law, or college policies including, but not limited to, student conduct code provisions prohibiting discrimination and harassment. Retaliatory actions include, but are not limited to, threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism.

(18) Safety violations. Safety violations include committing any reckless or unsafe act that endangers others, failing to follow established safety procedures, or interfering with or otherwise compromising any college policy, equipment, or procedure relating to the safety and security of the college community or visitors including, but not limited to, tampering with fire safety equipment or triggering false alarms and other emergency response systems.

(19) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX defined in the supplemental procedures to this code. See WAC 132K-135-300, et seq.

(a) Sexual harassment. The term "sexual harassment" means unwelcome sexual or gender-based conduct, including unwelcome sexual advances, requests for sexual favors, quid pro quo harassment, and other verbal, nonverbal, or physical conduct of a sexual or a gendered nature that is sufficiently severe, persistent, or pervasive as to:

(i) Deny or limit the ability of a student to participate in or benefit from the college's educational program;

(ii) Alter the terms or conditions of employment for a college employee(s); and/or

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

(b) Sexual intimidation. The term "sexual intimidation" means threatening or emotionally distressing conduct based on sex including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.

(c) Sexual violence. "Sexual violence" is a type of sexual discrimination and sexual harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, intimate partner violence, and stalking are all types of sexual violence.

(i) 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.

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

(iii) 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 eighteen.

(iv) Statutory rape. Consensual intercourse between a person who is eighteen years of age or older, and a person who is under the age of sixteen.

(v) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking 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 26.50.010.

(vi) 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.

(vii) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) Fear for their safety or the safety of others; or

(B) Suffer substantial emotional distress.

(d) For the purposes of this code, "consent" means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. 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.

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 conduct.

(20) Tobacco, electronic cigarettes, and related products. The college community and visitors will abide by all Washington state laws and college policy as it relates to the use of tobacco, electronic cigarettes, and related products, including chapter 70.160 RCW.

(21) 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.

(22) Violation of other laws or policies. Violation of any federal, state, or local law, rule, or regulation, or other college rules or policies, including college traffic and parking rules.

(23) Weapons. Possession, holding, wearing, transporting, storage or presence of 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, subject to the following exceptions:

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

(b) A student with a valid concealed weapons permit may store a pistol in the student's vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view; or

(c) The president or chancellor may grant permission to bring a weapon on campus upon a determination that the weapon is reasonably 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.

(d) This policy does not apply to the possession and/or use of disabling chemical sprays when possessed and/or used for self-defense.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 23-05-035, § 132K-135-070, filed 2/7/23, effective 3/10/23
• WSR 21-11-045, § 132K-135-070, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-070, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-090 Disciplinary sanctions—Conditions.

The following disciplinary sanctions may be imposed upon students found to have violated the student conduct code. Depending upon the misconduct, more than one sanction may be imposed. Other than college dismissal or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's academic record, but are part of the student's disciplinary record. Violation of any disciplinary sanction or condition constitutes a new violation and may subject the student to additional sanctions and/or conditions.

(1) Disciplinary warning. A verbal statement to a student that there is a violation and that continued violations may be cause for further disciplinary action.

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

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

(a) 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 a dismissal 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.

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

(4) Disciplinary suspension. Separation from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken.

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

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:

(6) Educational sanction. The college may require the student to complete an educational activity or experience directly related to the violation committed, at the student's expense.

(7) Professional evaluation. Referral for drug, alcohol, psychological, or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. 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.

(8) Not in good standing. A student may be deemed "not in good standing" with the college. If so, the student shall be subject to the following restrictions:

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

(b) 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.

(9) Restitution or monetary fine. 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, monetary fine, or other compensation.

(10) Hold on transcript or registration. This is a temporary measure restricting release of a student's transcript or access to registration. Upon satisfactory completion of the conditions of the sanction, the hold will be released.

(11) Revocation of admission or degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of standards of conduct for students in obtaining the degree, or for other serious violations committed by a student prior to graduation.

(12) Withholding degree. The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this chapter, including the completion of all sanctions imposed.

(13) No trespass order. A student may be restricted from college property based on misconduct.

(14) No contact order. An order directing a student to have no contact with a specified member of the college community, visitor, or a particular college facility.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-090, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-090, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-100 Initiation of disciplinary action.

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

(2) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing the student to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the student conduct code the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting. At the meeting, the student conduct officer will present the allegations to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting, after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

(3) The student conduct officer, prior to taking disciplinary action in a case involving sexual misconduct, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions, if any, that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

(4) Within ten 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.

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

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s) and/or condition(s) as described in WAC 132K-135-090.

(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.

(6) In cases involving allegations of sexual misconduct, the student conduct officer, on the same date that a disciplinary decision is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant and ensure prompt notice of the protective disciplinary sanctions and/or conditions.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-100, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-100, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-110 Appeal from disciplinary action.

(1) The respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within ten business 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 is seeking review.

(3) The parties to an appeal shall be the respondent and the conduct review officer.

(4) A respondent, 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 sanction by a preponderance of the evidence.

(6) Imposition of disciplinary action for violation of the student conduct code shall be stayed pending appeal, unless respondent has been summarily suspended. Interim measures, including no contact orders, may remain in place pending appeal if the student conduct officer determines they are necessary.

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

(a) The imposition of disciplinary suspensions in excess of ten days;

(b) Dismissals; and

(c) 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) Suspensions of ten days or less;

(b) Disciplinary probation;

(c) Written reprimands; and

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

(9) Except as provided elsewhere in these rules, disciplinary warnings and dismissals of disciplinary actions are final action and are not subject to appeal.

(10) In cases involving allegations of sexual misconduct, the complainant has the right to appeal the following actions by the student conduct officer following the same procedures as set forth above for the respondent:

(a) The dismissal of a sexual misconduct complaint; or

(b) Any disciplinary sanction(s) and conditions imposed against a respondent for a sexual misconduct violation, including a disciplinary warning.

(11) If the respondent timely appeals a decision imposing discipline for a sexual misconduct violation, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

(12) Except as otherwise specified in this chapter, a complainant who timely appeals a disciplinary decision or who intervenes as a party to a respondent's appeal of a disciplinary decision shall be afforded the same procedural rights as are afforded the respondent.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-110, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-110, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-120 Brief adjudicative proceedings—Initial hearing.

(1) Brief adjudicative proceedings shall be conducted by a conduct review officer. The conduct review officer shall not participate in any case in which involved as a complainant or witness, or in which there is direct or personal interest, prejudice, or bias, or in which previous actions have been taken in an advisory capacity.

(2) The parties to a brief adjudicative proceeding are the respondent, the student conduct officer, and the complainant in cases involving sexual misconduct. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

(a) An opportunity to be informed of the college'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 an initial decision upon both the respondent and the student conduct officer within ten business days of the completion of the informal hearing. 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 initial decision. If no request for review is filed within ten business days of service of the initial decision, the initial decision shall be deemed the final decision.

(4) In cases involving allegations of sexual misconduct, the conduct review officer, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection. The notice will also inform the complainant of their appeal rights.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-120, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-120, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-130 Brief adjudicative proceedings—Review of an initial decision.

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

(2) The president shall not participate in any case in which involved as a complainant or witness, or in which there is direct or personal interest, prejudice, or bias, or in which previous actions have been taken 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 ascertain whether the 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 and must include a brief statement of the reason for the decision and must be served on the parties within twenty business days of the initial decision or of the request for review, whichever is later. 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 twenty business days after the request is submitted.

(5) If the president, upon review, determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than ten days or dismissal, 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 whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. The notice will also inform the complainant of their appeal rights.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-130, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-130, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-140 Student conduct committee.

(1) The student conduct committee shall consist of five members appointed by the chancellor:

(a) Two full-time classified staff members;

(b) Two faculty members;

(c) One administrator (other than an administrator serving as a student conduct officer or conduct review officer).

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

(3) Hearings may be heard by a hearing panel consisting of a quorum of three members of the committee, so long as one member is the chair. Committee action may be taken upon a majority vote of all committee members presiding over the hearing.

(4) Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-13-102, § 132K-135-140, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-150 Appeal—Student conduct committee.

(1) Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act, chapter 34.05 RCW.

(2) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven business days in advance of the hearing date. 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 business days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third business 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 notification of the imposition of discipline, or referral to the committee, and (b) the notice of appeal, or any response to referral, by the respondent. 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 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 that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

(9) Each party may be accompanied at the hearing by a nonattorney assistant of the party's choice. A respondent, or complainant in a case involving allegations of sexual misconduct, may elect to be represented by an attorney at their own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by an assistant attorney general. If the respondent 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(13). WSR 21-11-045, § 132K-135-150, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-150, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-160 Student conduct committee hearings—Presentations 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 the chair selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. 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 case for imposing disciplinary sanctions.

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

(7) In cases involving allegations of sexual misconduct, neither party shall directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross examination questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-13-102, § 132K-135-160, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-170 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 thirty business days following the later of the conclusion of the hearing, or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial 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 initial decision shall also include a determination on appropriate discipline, if any. If the matter was referred to the committee by the student conduct officer, the committee shall identify and impose disciplinary sanction(s) or condition(s), if any, as authorized in the student conduct code. If the matter is an appeal by the respondent, the committee may affirm, reverse, or modify the disciplinary sanction(s) and/or condition(s) imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or condition(s) as authorized herein.

(4) The committee's initial decision shall also include a statement of the available procedures and time frames for seeking reconsideration or appeal.

(5) The committee chair shall cause copies of the initial 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.

(6) In cases involving allegations of sexual misconduct, the chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. Complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-170, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-170, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-180 Appeal from student conduct committee initial decision.

(1) A respondent who is aggrieved by the findings or conclusions issued by the student conduct committee may appeal the committee's initial decision to the president by filing a written notice of appeal with the president's office within ten business days of service of the committee's initial decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.

(2) The written notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. The president's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of 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.

(3) The president shall provide a written decision to the respondent and the student conduct officer within thirty business days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

(4) In cases involving allegations of sexual misconduct, the president, on the same date that the final decision is served upon the respondent, shall serve a written notice informing the complainant of the final decision. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent.

(5) The president has discretion to suspend any disciplinary action, summary suspension, or interim measures, pending review of the merits of the findings, conclusions, and disciplinary actions imposed.

(6) Per RCW 34.05.455 the president shall not engage in any improper "ex parte" communication with any of the parties regarding an appeal.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-180, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-180, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-190 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, a temporary no trespass order, while an investigation and/or formal disciplinary procedure is pending.

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

(a) Has violated any 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 visitors; or

(c) Poses an ongoing threat of substantial disruption of, or interference with, the operations of the college.

(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 notification 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 allegedly 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 college premises or communicate with members of the college community and visitors. If the respondent has been temporarily trespassed from the college premises, a notice against trespass shall be included that warns the respondent that privilege to enter into or remain on college premises has been withdrawn and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college premises other than for a scheduled meeting with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

(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 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 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-190, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-190, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-200 Classroom misconduct and authority to suspend for no more than one day.

(1) Faculty members have the authority to take appropriate action to maintain order and proper conduct in their classroom and to maintain the effective cooperation of students in fulfilling the objectives of the course.

(2) Bringing any person, thing, or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard, without the express approval of the faculty member is prohibited.

(3) Faculty members have the right to temporarily suspend any student(s) from a single class or related activity for the remainder of that day if the student's misconduct creates disruption to the point that it is difficult or impossible to maintain the decorum of the class, related activity, or the learning and teaching environment. The faculty member must report this temporary suspension to the student conduct officer or designee on the same day. The student conduct officer, in accordance with this code and following due process, may set conditions for the student upon return to the class or activity.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-200, filed 5/13/21, effective 6/13/21
• WSR 17-13-102, § 132K-135-200, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-210 Sexual misconduct proceedings.

Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-13-102, § 132K-135-210, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-220 Interim measures.

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

(a) A no-contact order prohibiting direct or indirect contact, by any means, with a complainant, a respondent, a reporting party, or other specified persons;

(b) Reassignment of college associated housing;

(c) Changes to class schedules, assignments, test schedules, or other academic related activities;

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

(e) Restrictions on access to portions of college premises.

(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 will consider any objections and requests regarding interim measures, make a determination whether to make any changes, and provide notice of the decision to the student. 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(13). WSR 21-11-045, § 132K-135-220, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-230 Amnesty.

(1) Pierce 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-230, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-240 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 student conduct officer will consider any objections and requests regarding the conduct hold, make a determination whether to make any changes, and provide notice of the decision to the student. 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-240, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-250 Brief adjudicative proceedings—College record.

The college record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review consistent with RCW 34.05.476. These records shall be maintained as the official record of the proceedings.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-13-102, § 132K-135-250, filed 6/20/17, effective 7/21/17.

Wash. Admin. Code § 132K-135-300 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 Pierce College's standard disciplinary procedures, WAC 132K-135-020 through 132K-135-250, these supplemental procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-300, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-310 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" encompasses the following 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 that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college's educational programs or activities, or employment.

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

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

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

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

(d) Statutory rape. Consensual sexual intercourse between someone who is eighteen years of age or older and someone who is under the age of sixteen.

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking 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 26.50.010.

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-310, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-320 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) 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 132K-135 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-320, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-330 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 and the complainant, and their respective advisors. The notice must:

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

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

(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(13). WSR 21-11-045, § 132K-135-330, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-340 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 132K-135-150. 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-340, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-350 Rights of parties.

(1) The college's student conduct procedures, chapter 132K-135 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: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-350, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-360 Evidence.

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

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

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

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

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

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

(4) 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;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 23-05-034, § 132K-135-360, filed 2/7/23, effective 3/10/23
• WSR 21-11-045, § 132K-135-360, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-370 Initial order.

(1) In addition to complying with WAC 132K-135-170, 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 grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(c) Makes findings of fact supporting the determination of responsibility;

(d) Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;

(e) Contains a statement of, and rationale for, the committee's determination of responsibility for each allegation;

(f) Describes any disciplinary sanction or conditions imposed against the respondent, if any;

(g) Describes to what extent, if any, complainant is entitled to remedies designed to restore or preserve complainant's equal access to the college's education programs or activities; and

(h) Describes the process for appealing the initial order to the college president.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 21-11-045, § 132K-135-370, filed 5/13/21, effective 6/13/21.

Wash. Admin. Code § 132K-135-380 Appeals.

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or in part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the 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 of law in the initial order or 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 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 delegate, 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 if affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

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

(6) All administrative decisions reached through this process are and may be judicially appealed pursuant to applicable provisions of chapter 34.05 RCW including, but not limited to, the timelines set forth in RCW 34.05.542. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any collective bargaining agreement.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 23-05-034, § 132K-135-380, filed 2/7/23, effective 3/10/23
• WSR 21-11-045, § 132K-135-380, filed 5/13/21, effective 6/13/21.

Chapter 132K-200 Smoking policy.

Wash. Admin. Code § 132K-200-010 Purpose.

WAC 132K-200-010

Pierce College is committed to maintaining a safe and healthy work and educational environment for all faculty, staff, students, and visitors. Pierce College establishes the following no smoking policy, consistent with RCW 70.345.150 (1)(a) and chapter 70.160 RCW (I-901), to protect individuals from exposure to secondhand smoke in their college-associated environments and to protect life and property against fire hazards.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-13-061, s 132K-200-010, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 132K-200-020 Definitions.

WAC 132K-200-020

"Smoke" or "smoking" refers to the carrying or smoking of any kind of lighted pipe, cigar, cigarette, electronic cigarette, or any other lighted smoking equipment. This policy also includes "smoke related" products including, but not limited to, cigarettes, e-cigarettes, vapes, smokeless tobacco, Zyn pouches, pipes, water pipes, hookahs, chewing tobacco, vaporizers, and snuff.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-13-061, s 132K-200-020, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 132K-200-030 General policy.

WAC 132K-200-030

Except as provided in this section, smoking of all kinds is prohibited in all college facilities including, but not limited to, college owned/leased vehicles, inside all buildings owned, leased, or operated by the college and/or used by the college's faculty, staff, students, or visitors, and at any outside areas or locations including, but not limited to, bus shelters, benches, and walkways on college property.

Smoking may be permitted at specific designated outdoor locations approved by the college in accordance with chapter 70.160 RCW. Signage identifies the designated locations.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-13-061, s 132K-200-030, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 132K-200-040 Violations.

WAC 132K-200-040

Violations of this policy by students, employees, or visitors are subject to enforcement by campus safety in accordance with RCW 70.345.150 (1)(a) and 70.160.070. In addition, any student or employee who violates the college's smoking policy may be subject to disciplinary action. After the first offense, students and employees will be subjected to disciplinary action through the student conduct code or human resources.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-13-061, s 132K-200-040, filed 6/12/26, effective 7/13/26.

Chapter 132K-220 Expressive activities policy.

Wash. Admin. Code § 132K-220-010 General policy.

Pierce College is an educational institution provided and maintained by the people of the state of Washington. College facilities are 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 or groups an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities to which the college's facilities are dedicated. Accordingly, the college establishes the common areas of the college as a limited public forum dedicated to the use of college groups for expressive activity, subject to the college's time, place, and manner limitations and restrictions set forth in this policy or otherwise specified.

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 facilities. These regulations are 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. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college has designated certain facilities as public use areas open to noncollege groups as set forth herein.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 24-13-108, § 132K-220-010, filed 6/18/24, effective 7/19/24.

Wash. Admin. Code § 132K-220-020 Definitions.

For purposes of this policy, the following definitions are used:

(1) "College facilities" means all college buildings, structures, grounds, office space, classrooms, and parking lots. This includes both physical and online/virtual version of these spaces.

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

(3) "Common areas" means those indoor and outdoor areas of each campus established by the college where college groups may assemble for expressive activity, subject to the college's reasonable time, place, and manner restrictions.

(4) "Expressive activity" means activity protected by the first amendment and includes, but is not necessarily limited to, activities such as 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, or other types of assemblies to share information, perspective, or viewpoints.

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

(6) "Public use areas" means those outdoor areas of each campus that the college has chosen to open as places where both college groups and noncollege groups may assemble for expressive activity, subject to the college's reasonable time, place, and manner restrictions.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 24-13-108, § 132K-220-020, filed 6/18/24, effective 7/19/24.

Wash. Admin. Code § 132K-220-030 Use of college facilities.

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

(2) Any sound amplification device may only be used at a volume that does not disrupt or disturb the normal use of classrooms, offices, laboratories, or any previously scheduled college event or activity.

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

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

(5) All groups must comply with all fire, safety, and sanitation regulations, and any special requirements specified for the expressive activity. The college cannot and will not provide utility connections or hook-ups for purposes of expressive activity conducted pursuant to this policy.

(6) The expressive activity 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, college buildings or facilities, or to college activities or events. The expressive activity must not create safety hazards or pose safety risks to people or property.

(7) The expressive activity must not interfere with educational or institutional 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 expressive activity must not materially infringe on the rights and privileges of college students, employees, or guests to the college.

(8) There shall be no overnight camping in or on college facilities. Camping is defined to include unauthorized: Sleeping, cooking activities, storing or use of personal belongings for habitation, and/or the erection of tents, shelters, or other structures used for purposes of habitation.

(9) College facilities 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, office, or recognized student organization.

(10) The expressive activity 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(13). WSR 24-13-108, § 132K-220-030, filed 6/18/24, effective 7/19/24.

Wash. Admin. Code § 132K-220-040 Additional requirements for noncollege groups.

(1) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the use of district facilities policy. Renting a college facility does not relieve individuals or groups from adhering to this policy.

(2) The college has established public use areas for use as limited public forums. These areas can be used by noncollege groups for expressive activity (i.e., speech and assembly) on campus. Areas identified as limited public forums can be found on the Pierce College website at https://www.pierce.ctc.edu/maps.

Public use areas may be scheduled. Scheduled groups have priority of use over unscheduled groups.

(3) Noncollege groups that seek to engage in expressive activity are encouraged to provide notice to the campus safety office no later than 24 hours prior to the expressive activity along with the following information to ensure the area is not otherwise scheduled, and 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 expressive activity; and

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

(c) The nature and purpose of the expressive activity; and

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 24-13-108, § 132K-220-040, filed 6/18/24, effective 7/19/24.

Wash. Admin. Code § 132K-220-050 Distribution of materials.

(1) College groups may post information on bulletin boards, and other display areas designated for that purpose, and may distribute materials throughout the common and public use areas of campus. Noncollege groups may distribute materials only in public use areas.

(2) All groups are encouraged to include the sponsoring organization's name and address on the distributed or posted information.

(3) Materials are subject to a posting time limit and require a date stamp prior to posting. Materials may be removed after the expiration of the date stamp time limit or if they do not have a date stamp.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 24-13-108, § 132K-220-050, filed 6/18/24, effective 7/19/24.

Chapter 132K-230 Pets and other animals on campus policy.

Wash. Admin. Code § 132K-230-010 General policy.

All animals brought onto college property shall be subject to license and leash laws of the applicable city, county, or state jurisdiction. Animals that are found not to be in accordance with these laws and applicable Pierce College policy are subject to animal control being notified and the animal and/or its owner or handler may be subject to removal from campus and possible trespass action.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-010, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-020 Animals in buildings.

Except as provided in subsections (1) through (4) of this section, no animals shall be allowed in any buildings or structures the college owns, operates, leases, rents, or controls.

(1) "Service animals" and "service animals in training" may be permitted consistent with college policies, and/or state and federal laws.

(2) Animals working under the control of police, security or emergency personnel, or a trained college employee may be permitted for specific functions consistent with the animal's training.

(3) Research, clinical, and teaching animals (used in direct support of college programs) may be permitted.

(4) Animals included as part of special events may be permitted, subject to guidelines established for specific college facilities.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-020, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-030 Further restrictions to animals.

Further restrictions to animals may apply to specific areas of college property, consistent with college policies and/or state and federal laws including, but not limited to, food preparation areas, animal veterinary technology facilities and grounds, medically sensitive patient, and clinic areas.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-030, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-040 Run at large.

No animal shall be permitted to run at large on college property. Animals that are tethered in the owner's or handler's absence and not under the owner's or handler's direct control are also considered to be "running at large."

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-040, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-050 Under direct control.

Animals on campus must be under the direct control of the owner or handler. This includes the animal being on a harness, tether, or leash. Animal owner or handler must ensure that their animals are not disruptive. Animals that the college believes are disruptive to the learning environment or a direct safety threat may be required to leave campus.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-050, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-060 Disposal of waste and responsibility for damage or injury.

Fecal matter or other organic debris deposited by animals must be removed immediately and properly disposed of by the animal's owner or handler when on campus. Owner or handler shall be responsible for any damage or injury caused by the animal while on campus.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-060, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-230-070 Motor vehicle confinement.

No owner or handler shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. Please refer to Puyallup City Municipal Code 8.04.085 and City of Lakewood Municipal Code 6.04.045.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-027, s 132K-230-070, filed 6/24/25, effective 7/25/25.

Chapter 132K-240 Drone and model aircraft policy.

Wash. Admin. Code § 132K-240-010 Scope.

These rules govern the use or operation of drones and model aircraft on or above all property owned, rented, leased, and operationally controlled by Pierce College by (college property), and apply to:

(1) All faculty, employees, students, contractors, and college volunteers using or operating a drone or model aircraft.

(2) Any person using or operating a drone or model aircraft.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-010, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-020 College authorization required.

The operation of drones and model aircraft is regulated by the Federal Aviation Administration (FAA) and relevant state law and users and operators must comply with those laws and these rules. Pierce College is committed to reducing risks to safety, security, and privacy through existing law and these rules. The use or operation of any drone or model aircraft either (1) on or above college property or (2) by a college employee or student during a college activity, is prohibited, unless prior authorization for such use or operation is obtained from the Pierce College infrastructure department.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-020, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-030 Definitions.

For purposes of this policy, the following definitions are used:

(1) "Drones" are considered unmanned aircraft systems (UAS) and are under 55 pounds and used for hobby, recreational, business, or commercial use and are regulated under the National Airspace System 14 C.F.R. Part 107, often referred to as Small UAS Rule or through a limited statutory exception outlining a basic set of requirements. Drones are often, but not limited to, single- or multi-rotor systems.

(2) "Model aircraft," also known as "recreational flyers," are considered UAS and viewed differently by the FAA than other UAS (like drones) and may fall within an exception to FAA oversight. Model aircraft operations are for hobby or recreational purposes only and are not for business or commercial purposes. Statutory parameters of a model aircraft operation are outlined in 49 U.S.C. § 44809.

(3) "Official college business" means activities performed by faculty, students, staff, registered volunteers, or contractors as directed by the college to accomplish college business or programs as required by the duties of their position or office.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-030, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-040 Exceptions.

The following are exceptions from required prior authorization:

(1) City, county, state, and/or federal law enforcement officials acting in their official capacity and in the event of a clear and present danger or active threat that causes immediate concerns to the life and safety of our students and employees on or adjacent to college property.

(2) Approved college staff operators that are on official college business for use in public safety purposes which include, but are not limited to, inspection of buildings, rooftops, trees, or other areas of concern that may pose an immediate threat to the health and safety of students and employees.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-040, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-050 College use of drones.

The use or operation of drones on or above college property will only be for official college business by employees, students, or third-party contractors of the college when granted authorization to do so.

Any college employee or student who wishes to operate a drone as part of their college employment, or an official college activity, or third-party contractor must first have authorization from the infrastructure department. There is no authorized use of drones on college Joint Base Lewis McChord locations.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-050, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-060 Noncollege use of drones.

Recreational use or operation of drones is prohibited on or above college property.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-060, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-070 College and noncollege use of model aircraft.

College or recreational use or operation of model aircraft is prohibited on or above college property.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-070, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-080 Prohibited locations.

Operators are prohibited in areas where there is a reasonable expectation of privacy which include, but are not limited to, residence buildings or facilities, restrooms, changing and dressing rooms, counseling centers, day care centers, college offices and nonpublic work areas, and similar locations.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-080, filed 6/24/25, effective 7/25/25.

Wash. Admin. Code § 132K-240-090 Violations.

Any persons found in violation of this policy will be asked to immediately cease flight operations. In the case of refusal to immediately cease, the college may trespass and/or pursue other legal action. If the operator is a Pierce College employee or student, violations of these rules or related college policy or procedure may also result in disciplinary action up to and including dismissal. Damages resulting from the use or operation of drones or model aircraft shall be the responsibility of the user, operator, or entity involved.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-14-030, s 132K-240-090, filed 6/24/25, effective 7/25/25.

Chapter 132K-276 Public records.

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

The purpose of this chapter shall be to provide public access to existing, identifiable, nonexempt public records of Pierce College District No. 11 in accordance with the Public Records Act, chapter 42.56 RCW.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-010, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-010, filed 5/11/73.

Wash. Admin. Code § 132K-276-020 Definitions.

(1) Public records.

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 the "Public Records Act" 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 Pierce College District.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-020, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-020, filed 5/11/73.

Wash. Admin. Code § 132K-276-030 Description of the college.

Pierce College is a public institution of higher education organized under RCW 28B.50.040 as a community college offering academic and professional degree programs at the undergraduate levels. The college is governed by a board of trustees appointed by the governor. Visit the Pierce College website for more information about the public records process at https://www.pierce.ctc.edu.

College Locations

Pierce College Fort Steilacoom

9401 Farwest Drive S.W.

Lakewood, WA 98498

Pierce College Puyallup

1601 39th Avenue S.E.

Puyallup, WA 98374

The public records office is open during college business hours.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-030, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-030, filed 5/11/73.

Wash. Admin. Code § 132K-276-060 Public records officer.

The public records officer oversees compliance with the act, but another college employee may process the request. Therefore, these rules refer to the public records officer or designee. The public records officer or designee and the college provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the college.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-060, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-060, filed 5/11/73.

Wash. Admin. Code § 132K-276-080 Requests for public records.

(1) Requests for public records of the college may be addressed to the public records officer at the address given in WAC 132K-276-030. The college encourages, but does not require, requestors to use the public records request form made available by the public records office on the college website. Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer.

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

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

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

(c) The date and time of the request;

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-080, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-080, filed 5/11/73.

Wash. Admin. Code § 132K-276-085 Processing of records requests.

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

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

(3) Clarification of request. 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 30 days of the request.

(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 responding to the multiple requests would cause excessive interference with other essential functions of the college and the records officer reasonably believes the request was automatically generated by a computer program or script.

(6) Closure of requests. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill the requestor's obligations to inspect records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and notify the requestor that the request has been closed.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-23-097, s 132K-276-085, filed 11/18/25, effective 12/19/25.

Wash. Admin. Code § 132K-276-090 Costs of providing public records.

(1) Costs for public records. There is no fee for inspecting public records made available by the public records officer or designee. The following fees apply to copies of public records:

(a) Ten cents per page for records scanned into electronic format;

(b) Five cents for every four electronic files or attachments uploaded to an email, cloud storage service, or other electronic delivery system;

(c) Ten cents per gigabyte for transmitting records electronically;

(d) Fifteen cents per page for photocopies of public records and/or printed copies of electronic public records when requested;

(e) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge;

(f) The college will charge for customized services pursuant to RCW 42.56.120(3).

(2) Payment. Payment may be made by credit or debit card, cash, check, or money order to the college.

(a) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The college notifies the requestor of when payment is due.

(b) A requestor may ask an agency to provide, and if requested an agency shall provide, a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charge.

(c) The college closes a request when a requestor fails to pay in the manner prescribed for records, an installment of records, or a required deposit by the payment date.

(d) Copy charges may be waived in limited circumstances as set forth in WAC 44-06-092.

(3) Pursuant to RCW 42.56.120 (2)(b), the college declares that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records for the following reasons:

(a) Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(c) A study would interfere with and disrupt other essential agency functions.

The college's public records office publishes a schedule of fees on the college's website consistent with this rule.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-090, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-090, filed 5/11/73.

Wash. Admin. Code § 132K-276-100 Exemptions.

(1) The Public Records Act provides that a number of types of records are exempt from public inspection and copying. In addition, records are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some records held by the college for inspection and copying. This is not an exhaustive list as numerous exemptions exist outside the act. The college's failure to list an exemption here does not affect the efficacy of any exemption.

(a) RCW 5.60.060 - Privileged communications;

(b) 20 U.S.C. 1232g - Family Education Rights and Privacy Act (FERPA);

(c) 42 U.S.C. 405 (c)(2)(vii)(1) - Social Security numbers;

(d) Applications for public employment (other than for vacancies in elective office), including names and resumes RCW 42.56.250(2);

(e) 45 C.F.R. Parts 106 and 164 - Health Insurance Portability and Accountability Act of 1996 (HIPAA); and

(f) Chapter 10.97 RCW - Regarding criminal history information.

(2) The college is prohibited by statute from providing lists of individuals for commercial purposes.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-100, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-100, filed 5/11/73.

Wash. Admin. Code § 132K-276-110 Review of denials of public records requests.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition must include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer immediately refers the petition to their supervisor, or a designee in the supervisor's absence, who considers the petition and either affirms or reverses such denial within three business days following the college's receipt of the petition, or within such other time as the college and the requestor mutually agree.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the college denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office review the matter by following the attorney general's adopted rules in WAC 44-06-160.

(4) Judicial review. Any person may request court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-110, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-110, filed 5/11/73.

Wash. Admin. Code § 132K-276-130 Records index.

As an institution of higher education, the college generally does not have occasion to issue nonexempt "final order," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. Should the college possess such records, an index of final orders, declaratory orders, interpretive statements, and policy statements, entered after June 30, 1990, shall be available for public inspection at the office of the public records officer, and shall also be published on the college website. Any such index shall be organized by type of record and updated when deemed necessary. The college may choose to include more records in an index than is required by RCW 42.56.070(5).

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-15-059, s 132K-276-130, filed 7/11/25, effective 8/11/25
• Order 18, § 132K-276-130, filed 5/11/73.

Chapter 132K-280 Trespass policy.

Wash. Admin. Code § 132K-280-010 Purpose.

The president of the college, or the president's designee, has the authority to grant, deny, or withdraw permission for people to be on college property. Any individual who is on college property must comply with college rules, directives, or policies. Access to college property may be limited or restricted by time, use, or permission. People who are on college property or within a college building without permission may be requested to leave by campus security.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-063, s 132K-280-010, filed 3/27/26, effective 4/27/26.

Wash. Admin. Code § 132K-280-020 General policy.

People who remain on college property without permission, who disrupt college activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from college property and given a 24-hour trespass notice by the president, the president's designee, or a member of campus security.

In the event a person's conduct is determined by college administration to be egregious, dangerous, threatens the health, safety, or security of anyone on campus, or repeatedly violates college rules, directives, or policies, the president or president's designee may permanently trespass the person from college property. Any prior license or privilege to be on college property is revoked by the notice of trespass.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-063, s 132K-280-020, filed 3/27/26, effective 4/27/26.

Wash. Admin. Code § 132K-280-030 Written notice.

A person who is trespassed from college property shall be given a written notice of trespass identifying:

(1) The reason why the person is being trespassed;

(2) The duration and scope of the trespass;

(3) The method for appealing the notice; and

(4) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-063, s 132K-280-030, filed 3/27/26, effective 4/27/26.

Wash. Admin. Code § 132K-280-040 Appeals.

(1) If a current student is trespassed from campus, the initial trespass notice is considered a summary suspension under the student conduct code, WAC 132K-135-090. The student should follow the process outlined in the student conduct code regarding summary suspensions including participating in a summary suspension hearing. In addition, at the conclusion of the entire student conduct process, a student who is dismissed may also be permanently trespassed from campus.

(2) If a current employee is trespassed from a particular portion of campus that the employee does not need access to perform their job (e.g., restricted from Cascade Building Welcome Center), the employee can appeal the decision. If an employee is trespassed from all college property because their conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the college will follow its normal processes for investigating the alleged behavior.

(3) All other persons who have been removed or trespassed from college property may appeal the decision by submitting to the president or president's designee, by certified mail or email, a letter stating the reasons the person should not be barred from college property within 21 days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass within 20 days after the request for review is received. This decision is the college's final decision.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-063, s 132K-280-040, filed 3/27/26, effective 4/27/26.

Chapter 132K-300 Notice of intent to withhold services and/or offset wages for outstanding debts Community College District No. 11 Pierce College.

Wash. Admin. Code § 132K-300-010 Policy.

If any person, including faculty, staff, student, or former student, be indebted to the institution for an outstanding overdue debt, the institution shall not provide any further services of any kind to such individual, including but not limited to transmitting files, records, transcripts, or other services which have been requested by any such person. Further, if the person is an employee of the institution, the institution shall have the right to offset such outstanding debts against wages owed to the employee.

History

• Statutory Authority: RCW 28B.50.140. WSR 79-10-044 (Order 39), § 132K-300-010, filed 9/13/79.

Wash. Admin. Code § 132K-300-020 Notification.

Upon receipt of such a request for services where there is an outstanding debt due the institution from that person, the institution shall notify the person by registered mail addressed to his last known mailing address, that the services will not be provided since there is an outstanding debt due the institution and, further, that until that debt is paid in full or arrangements are made to pay the debt over time, no such services as are requested will be provided the individual. If the outstanding debt is due the institution from an employee, the institution shall notify the employee by registered mail addressed to his last known address of the debt owed to the institution, the basis of the debt, and the intent to offset it against the wages or other payments due the employee.

History

• Statutory Authority: RCW 28B.50.140. WSR 79-10-044 (Order 39), § 132K-300-020, filed 9/13/79.

Wash. Admin. Code § 132K-300-030 Informal hearing notification.

The letter of notification contained in WAC 132K-300-020 shall also notify the individual that he has a right to a hearing before the dean of administrative services or a person designated by the president of the institution for the purpose of determining whether the individual is in fact indebted to the institution as alleged in the notice of intent to withhold services and/or offset wages for outstanding debts. The letter shall also indicate that the request for the hearing must be made within twenty days from the date of receipt of said letter.

History

• Statutory Authority: RCW 28B.50.140. WSR 79-10-044 (Order 39), § 132K-300-030, filed 9/13/79.

Wash. Admin. Code § 132K-300-040 Procedure for informal hearing.

Upon receipt of a timely request for a hearing, the dean of administrative services or the person designated by the president shall have the records and files of the institution available for review and, at that time, shall hold an informal hearing concerning whether the individual in fact owes any outstanding debts to the institution. After the informal hearing, a decision shall be rendered by the president's designee indicating whether in fact the institution is correct in withholding services and/or wages for outstanding debt, and if the outstanding debt is in fact owed by the individual involved, no services shall be provided and, if an employee, the debt will be offset against wages owed to the individual. Notification of this shall be sent to the individual within five days after the hearing. Said decision shall constitute an informal proceeding established by the institution pursuant to the Higher Education Administrative Procedure Act as defined in RCW 28B.19.110.

History

• Statutory Authority: RCW 28B.50.140. WSR 79-10-044 (Order 39), § 132K-300-040, filed 9/13/79.

Chapter 132K-995 Appendix—Policies and procedures manual.

Wash. Admin. Code § 132K-995-990 Appendix—Community College Act of 1967—Definitions and districts. Pierce College.

new section. Section 3. As used in this act, unless the context requires otherwise, the term:

(2) "College board" shall mean the state board for community college education created by this act;

(4) "District" shall mean any one of the community college districts created by this act;

(5) "Board of Trustees" shall mean the local community college board of trustees established for each community college district within the state;

(6) "Council" shall mean the coordinating council for occupational education;

(10) "Community college" shall include where applicable, vocational-technical and adult education programs conducted by community colleges and vocational-technical institutes whose major emphasis is in post-high school education.

new section. Section 4. The state of Washington is hereby divided into twenty-two community college districts as follows:

(11) The eleventh district shall encompass all of Pierce County, except for the present boundaries of the common school districts of Tacoma and Peninsula;

new section. Section 10. There is hereby created a community college board of trustees for each community college district as set forth in this act. Each community college board of trustees shall be composed of five trustees, who shall be appointed by the governor from a list of nominees submitted by the nominating committee in accordance with section 11 of this act.

The initial appointees to the board of trustees shall draw lots at the first meeting thereof to determine their respective initial terms. One trustee shall serve for one year, one for two years, one for three years, one for four years, and one for five years.

Thereafter, until July 1, 1969, the successors of the trustees initially appointed shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of the term.

Every trustee shall be a resident and qualified elector of his community college district. No trustee may serve as a member of the board of directors of any school district, or as an elected officer or member of the legislative authority of any municipal corporation.

Each board of trustees shall organize itself by electing a chairman from its members. The board shall adopt a seal and may adopt such bylaws, rules and regulations as it deems necessary for its own government. Three members of the board shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The district president, or if there be none, the president of the community college, shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board.

new section. Section 11. In each community college district of the state there is hereby created a nominating committee to select no less than five nominees for consideration by the governor for the initial trustees. The nominating committee shall be composed of each member of the state legislature residing within the boundaries of the community college district to be served.

The senior legislator on each committee shall serve as chairman of the committee and shall call the meeting at some conveniently located place and shall set the time of the meeting.

Section 11. (cont'd) The members of the nominating committee shall be entitled to per diem and expenses as provided in RCW 44.04.120 and such payments shall be a proper charge to the college board.

new section. Section 12. Within forty-five days after the effective date of this act, each nominating committee shall submit a list of no less than five nominees, who shall be residents of the community college district, to the governor for selection of the community college district board of trustees for that district. In preparing the list of names to be submitted to the governor, the members of the committee shall give consideration to geographical exigencies, and the interests of labor, industry, agriculture and the professions. In the event that the nominating committee from any district fails to submit a list of nominees to the governor by the prescribed date, he shall appoint the trustees for that district from registered voters residing within that district, observing the same considerations as prescribed for the committee in making its nominations.

new section. Section 13. Within thirty days of their appointment or July 1, 1967, whichever is sooner, the various district boards of trustees shall organize, adopt bylaws for its own government, and make such rules and regulations not inconsistent with this 1967 act as they deem necessary. At such organizational meeting it shall elect from among its members a chairman and a vice chairman, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified. The chief executive officer of the community college district shall serve as secretary of the board. Three trustees shall constitute a quorum, and no action shall be taken by less than a majority of the trustees of the board. The first order of business after organization shall be to prepare for the orderly assumption of the duties and responsibilities of the administration and management of the community college district and the facilities thereof. The district boards shall transmit a report in writing to the college board before October 1st of each year which report shall contain a summary of its proceedings during the preceding fiscal year, a detailed and itemized statement of all revenue and all expenditures made by or on behalf of the district boards, such other information as it may deem necessary or useful, and any other additional information which may be requested by the college board. The fiscal year of the district boards shall conform to the fiscal year of the state.

new section. Section 14. Each community college board of trustees:

(1) Shall operate all existing community colleges and vocational-technical institutes in its district;

(2) Shall create comprehensive programs of community college education and training and maintain an open-door policy in accordance with the provisions of section 9(3) of this act;

(3) Shall employ for a period to be fixed by the board a college president for each community college, a director for each vocational-technical institute or school operated by a community college, a district president in the event there is more than one college and/or separated institute or school located in the district, members of the faculty and such other administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties;

(4) May establish, under the approval and direction of the college board, new facilities as community needs and interests demand.

(5) May establish or lease, operate, equip and maintain dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community college;

(6) May, with the approval of the college board, issue and sell revenue bonds for the construction, reconstruction, erection, equipping with permanent fixtures, (demolition and major alteration of buildings or other capital assets,) and the acquisition of sites, rights of way, easements, improvements or appurtenances, for dormitories, food service facilities, and other self-supporting facilities connected with the operation of the community college in accordance with the provisions of RCW 28.76.180 through 28.76.210 [RCW 28B.10.300—28B.10.330] where applicable;

(7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules and regulations of the college board; each board of trustees operating a community college may enter into agreements, subject to rules and regulations of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may:

(a) Make rules and regulations for the government, management and operation of such housing facilities deemed necessary or advisable; and

(b) Employ necessary employees to govern, manage and operate the same.

(8) May receive such gifts, grants, conveyances, devises and bequests of personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community college programs as specified by law and the regulations of the state college board; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;

(9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community college purposes;

(10) May make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the community college district;

(11) Shall prescribe, with the assistance of the faculty, the course of study in the various departments of the community college or colleges under its control, and notwithstanding any other provision of law, publish such catalogues and bulletins as may become necessary;

(12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, nonbaccalaureate degree or certificate;

(13) Shall enforce the rules and regulations prescribed by the state board for community college education for the government of community colleges, students and teachers, and promulgate such rules and regulations and perform all other acts not inconsistent with law or rules and regulations of the state board for community college education as the board of trustees may in its discretion deem necessary or appropriate to the administration of community college districts: Provided, That such rules and regulations shall include, but not be limited to, rules and regulations relating to housing, scholarships and discipline: Provided further, That the board of trustees may suspend or expel from community colleges students who refuse to obey any of the duly promulgated rules and regulations;

(14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this act. Such delegated powers any duties may be exercised in the name of the district board.

(15) May perform such other activities consistent with this act and not in conflict with the directives of the college board; and

(16) Shall perform any other duties and responsibilities imposed by law or rule and regulation of the state board.

new section. Section 15. Any resident of the state may enroll in any program or course maintained or conducted by a community college district upon the same terms and conditions regardless of the district of his residence.

History

• RCW 28B.10.300—28B.10.330] where applicable
• (7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules and regulations of the college board
• each board of trustees operating a community college may enter into agreements, subject to rules and regulations of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may:(a) Make rules and regulations for the government, management and operation of such housing facilities deemed necessary or advisable
• andpolicies & procedures manual1114.00-2Board of Trustees Community College Act of 1967 Powers & Duties of the Board of Trustees(b) Employ necessary employees to govern, manage and operate the same.(8) May receive such gifts, grants, conveyances, devises and bequests of personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community college programs as specified by law and the regulations of the state college board
• sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof
• and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof
• (9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community college purposes
• (10) May make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the community college district
• (11) Shall prescribe, with the assistance of the faculty, the course of study in the various departments of the community college or colleges under its control, and notwithstanding any other provision of law, publish such catalogues and bulletins as may become necessary
• (12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, nonbaccalaureate degree or certificate
• (13) Shall enforce the rules and regulations prescribed by the state board for community college education for the government of community colleges, students and teachers, and promulgate such rules and regulations and perform all other acts not inconsistent with law or rules and regulations of the state board for community college education as the board of trustees may in its discretion deem necessary or appropriate to the administration of community college districts: Provided, That such rules and regulations shall include, but not be limited to, rules and regulations relating to housing, scholarships and discipline: Provided further, That the board of trustees may suspend or expel from community colleges students who refuse to obey any of the duly promulgated rules and regulations
• policies & procedures manual1114.00-3Board of TrusteesCommunity College Act of 1967 Powers & Duties of the Board of Trustees(14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this act. Such delegated powers any duties may be exercised in the name of the district board.(15) May perform such other activities consistent with this act and not in conflict with the directives of the college board
• and(16) Shall perform any other duties and responsibilities imposed by law or rule and regulation of the state board.new section. Section 15. Any resident of the state may enroll in any program or course maintained or conducted by a community college district upon the same terms and conditions regardless of the district of his residence.[Statutory Authority: RCW 28B.50.140. WSR 86-15-020 (Order 86-1, Resolution No. 86-1), § 132K-995-990, filed 7/11/86
• Appendix (codified as WAC 132K-995-990), filed 9/20/67.