Title 132l WAC — Centralia College

Chapter 132L-19 Disruption of operation.

Wash. Admin. Code § 132L-19-010 Civil unrest.

In the event of activities that interfere with the orderly operation of the college, the college president or designee shall determine the course of action that appears to offer the best possibility for resolution of the problem. The emergency procedures outlined below will be followed:

(1) Inform those involved in such activities that they are in violation of college and/or civil regulations.

(2) Inform them that they should cease and desist. Indicate an area on campus where they are able to conduct their activities without interfering with the operation of the college, if such an area is available.

(3) If they do not respond within a reasonable time, call the civil authorities.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-19-010, filed 9/15/04, effective 10/16/04.

Chapter 132L-26 Emergency procedures.

Wash. Admin. Code § 132L-26-010 Authority to suspend operations.

The president of Centralia College is authorized to suspend the operation of any or all campuses of the college if, in his or her opinion, an emergency condition beyond his or her control makes this closure advisable, and the public health, or property, or safety is jeopardized.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-26-010, filed 9/15/04, effective 10/16/04. Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 81-13-021 (Resolution No. 81-9), § 132L-26-010, filed 6/12/81
• Order 77-30, § 132L-26-010, filed 9/1/77.

Wash. Admin. Code § 132L-26-020 Remuneration for classified employees.

All compensation paid classified employees during a period of suspended operations shall be in accordance with the provisions of WAC 251-22-240, higher education personnel board rules.

History

• Order 77-30, § 132L-26-020, filed 9/1/77.

Wash. Admin. Code § 132L-26-025 Authority to staff campus—Limitations.

In case of suspended operation, the president or his or her designee shall have the option to staff any campus or any portion thereof in any manner, consistent with WAC 251-22-240.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-26-025, filed 9/15/04, effective 10/16/04
• Order 77-30, § 132L-26-025, filed 9/1/77.

Wash. Admin. Code § 132L-26-030 Public notification—Time.

If the president declares a condition of suspended operations, the public will be notified of this closure via the media and social media at least one hour prior to the opening of the business day.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-26-030, filed 5/30/13, effective 6/30/13
• WSR 04-19-062, § 132L-26-030, filed 9/15/04, effective 10/16/04. Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 81-03-036 (Resolution No. 81-2), § 132L-26-030, filed 1/14/81
• Order 77-30, § 132L-26-030, filed 9/1/77.

Chapter 132L-108 Practice and procedure.

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

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found at chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-010, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-020 Appointment of presiding officers.

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

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-020, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-030 Method of recording.

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

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-030, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-040 Application for an adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address: Administrative Services, Hanson Administration Building, corner of Walnut and Rock streets. The mailing address is 600 Centralia College Blvd., Centralia, WA 98531-4099.

Written application for an adjudicative proceeding should be submitted to the above address within 20 days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-108-040, filed 5/30/13, effective 6/30/13. Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-040, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-050 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482-494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

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

(2) Challenges to contents of education records;

(3) Student conduct proceedings in accordance with chapter 132L-120 WAC;

(4) Parking and traffic violations in accordance with chapter 132L-117 WAC;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in institution sponsored athletic events in accordance with chapter 132L-120 WAC;

(7) Appeals of admission decisions;

(8) Appeals of library fines;

(9) Appeals of denial of records requests;

(10) Federal financial aid appeals as provided for by federal law.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-108-050, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-050, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-060 Discovery.

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

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-060, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-070 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within 10 days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefore in writing within 20 days of receiving the request.

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-070, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-080 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132L-108-010, except for the method of official recording selected by the institution.

History

• Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-108-080, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-108-090 Transmittal of recommended decisions.

In the case where the presiding officer is not the institutional officer designated to enter an initial or final order, the presiding officer shall transmit a full and complete record of the proceedings and a recommended decision to the institutional official who is to enter a final or initial order after considering the record and evidence so transmitted. The record of proceedings shall include such comments upon the demeanor of witnesses as the presiding officer deems relevant.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-108-090, filed 9/15/04, effective 10/16/04.

Wash. Admin. Code § 132L-108-100 Petition for stay pending appeal.

Upon the request of a party intending to appeal, the official, officer, or body of officers who entered a final decision in an adjudicative proceeding may issue a stay of effectiveness pending the outcome of the appeal.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-108-100, filed 9/15/04, effective 10/16/04.

Chapter 132L-117 Parking and traffic regulations—Centralia College.

Wash. Admin. Code § 132L-117-010 Purpose.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Centralia College is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by, or maintained by the college. The board delegates this authority to the president.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-010, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-010, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-010, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-020 Applicable regulations.

(1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington shall apply on the campus.

(2) The traffic code of the city of Centralia shall apply upon all lands located within the city of Centralia.

(3) The traffic code of the municipality within which any Centralia College controlled property resides shall apply.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-020, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-020, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-020, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-030 Definitions.

As used in this chapter, the following words and phrases shall mean:

(1) "Board": The board of trustees of Centralia College.

(2) "Campus": All lands and buildings devoted to, operated by, or maintained by Centralia College.

(3) "College": Centralia College.

(4) "Employee": An individual appointed to the faculty, staff, or administration of the college.

(5) "Guests/visitors": Person or persons who come upon the campus as guests and person or persons who lawfully visit the campus.

(6) "Permits": Permits issued to employees, guests, or students under current parking procedures.

(7) "Vehicle": Automobile, truck, motor-driven cycle, scooter, one wheel, bicycle, recreational, or any vehicle otherwise powered.

(8) "Student": Anyone currently enrolled in credited or noncredited courses.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-030, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-030, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-030, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-040 Authorization for issuance of permits.

The chief administrative officer, or designee, is authorized to issue parking permits to students, employees, and guests when required by college procedures.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-040, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-040, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-040, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-050 Violation of parking and traffic regulations.

(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of these regulations. All fines are payable through the cashier's office.

(2) In instances where violations are repeated, and in the judgment of the safety and security supervisor, with appropriate documented evidence, parking privileges may be revoked and said vehicles may be impounded. Individuals may be subject to additional discipline through the applicable process.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-050, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-050, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-060 Issuance of traffic tickets or summons.

(1) The chief administrative officer or designee may issue a warning or citation for a violation of these regulations. The warning or citation should set forth the date, the approximate time, license information and nature of violation.

(2) Such warning or citation may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-060, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-060, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-060, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-070 Fines and penalties.

The chief administrative officer, or designee, is authorized to impose the following fines and penalties for violation of the regulations contained in this chapter:

(1) The president or designee shall set a schedule of fines. The schedule will be published by the college. In addition, the schedule is available upon request.

(2) Fines will be assessed in accordance with the fees and fines schedules as established by the currently published procedures for the following violations:

(a) No valid permit displayed;

(b) Visitor parking violations;

(c) Occupying more than one parking space;

(d) Occupying space/area not designated for parking;

(e) Handicapped parking violation;

(f) Parking in area not authorized by permit;

(g) Parking in reserved staff space without permit;

(h) Blocking or obstructing traffic (may be towed at owner's expense);

(i) Parking adjacent to fire hydrant (may be towed at owner's expense);

(j) Parking in fire lane (may be towed at owner's expense);

(k) Parking in zone or area marked no parking;

(l) Other violations of college parking traffic regulations.

(3) At the discretion of the chief administrative officer, or designee, an accumulation of citations by a staff, administrator, or faculty member may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

(4) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine and may be impounded and taken to such place for storage as the chief administrative officer, or designee, selects. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.

(5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.

(6) The college shall not be liable for loss, damage, or costs of any kind resulting from impounding and storage of vehicles.

(7) Vehicles involved in violations of these regulations may be impounded as provided for in these regulations.

(8) Persons may appeal the issuance of a citation according to WAC 132L-117-180.

(9) In the event a person fails or refuses to pay an uncontested fine, additional penalties may apply as defined in college procedures.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-070, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-070, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-080 Appeal proceedings—Appeal of fines and penalties.

(1) Appeals must be presented in writing, giving full particulars, listing witnesses, evidence, etc.

(2) Appeals must be submitted to the chief administrative officer within five business days from date of citation.

(3) If an appeal is not resolved to the satisfaction of the alleged violator, he/she shall have five additional business days from receipt of decision by the chief administrative officer to appeal to the parking advisory committee.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-080, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-080, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-080, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-090 Parking appeals committee.

The parking appeals committee shall be convened as necessary by the president and be structured and responsible for the following purposes:

(1) To receive and hear appeals related to parking and traffic violations. All decisions made by the parking appeals committee relative to parking/traffic appeals shall be final.

(2) Membership shall consist of at least: Two student representatives, one faculty representative, one classified representative, and one administrator. The chair will be appointed by the president.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-090, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-090, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-090, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-100 Liability of college.

The college assumes no liability under any circumstances for theft or damage occurring to vehicles, bicycles or their contents. No bailment of any sort is created by the purchase of a parking permit.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-100, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-100, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-110 Designation of parking.

The parking spaces available on campus may be allocated and designated by the chief administrative officer in such a manner as will best achieve the objectives of these rules and regulations.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-110, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-110, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-110, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-120 Parking within designated spaces.

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

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall.

(3) Special limitations may be enforced for large vehicles such as recreational vehicles, trailers, and other nonstandard vehicles.

(4) Overnight parking prohibited without special permission from campus security.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-120, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-120, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-130 Regulatory signs, markings, barricades, etc.

The chief administrative officer, or designee, is authorized to make and erect signs, barricades, and other structures and to paint marks and other directions upon the streets, entry/exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, or maintained by the college. Drivers shall observe and obey all the signs, barricades, structures, markings, and directions given them by the campus authorities in the control and regulation of traffic and parking.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-130, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-130, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-130, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-140 Report of accidents.

Any vehicle accident on campus must be reported immediately to campus security or the chief administrative officer or designee.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-140, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-140, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-140, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-150 Disabled and inoperative vehicles—Impounding.

(1) Disabled or inoperative vehicles shall not be parked on the campus for a period exceeding 72 hours, without authorization from the chief administrative officer, or designee.

(2) Vehicles parked over 72 hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

(3) Notice of intent to impound will be posted on the vehicle 24 hours prior to impound.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-150, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-150, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-160 Authority to establish parking fee.

The president or designee shall set and review as necessary parking permit fees in accordance with WAC 132L-117-300 and a schedule of fines and penalties in accordance with WAC 132L-117-170.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-160, filed 12/4/23, effective 1/4/24. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-160, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-160, filed 8/14/90, effective 9/14/90.

Wash. Admin. Code § 132L-117-170 Parking permit fees.

Fees shall be levied in accordance with the current published fee schedule.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-24-071, § 132L-117-170, filed 12/4/23, effective 1/4/24. Statutory Authority: 2020 c 281. WSR 23-12-113, § 132L-117-170, filed 6/7/23, effective 7/8/23. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-117-170, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.140(10). WSR 90-17-060 (Order A-4(90)), § 132L-117-170, filed 8/14/90, effective 9/14/90.

Chapter 132L-122 Withholding services for outstanding debt.

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

If any person, including faculty member, staff member, student, or former student, is indebted to the institution for an outstanding overdue debt, the institution need not provide any further services of any kind to such individual including, but not limited to, admission, course registration, library access, transmitting files, records, or other services which have been requested by such person.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 23-12-114, § 132L-122-010, filed 6/7/23, effective 7/8/23
• WSR 04-19-062, § 132L-122-010, filed 9/15/04, effective 10/16/04.

Wash. Admin. Code § 132L-122-020 Notification.

(1) The college shall notify in writing any person who owes the college an outstanding debt and from whom the college intends to withhold services. Written notice shall be in person or by first class mail to the address of record. The notice shall contain the amount owed, the reason for the debt, the method of paying the debt, and the services withheld.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before the administrator designated in the notice. The proceeding must be requested within ten business days of the date of mailing of the notification of refusal to provide services.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-122-020, filed 9/15/04, effective 10/16/04.

Wash. Admin. Code § 132L-122-030 Procedure for brief adjudicative proceeding.

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

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-122-030, filed 9/15/04, effective 10/16/04.

Chapter 132L-133 Organization.

Wash. Admin. Code § 132L-133-020 Organization—Operation—Information.

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

(2) Operation. The administrative services office is located at the following address: Hanson Administration Building, Corner of Walnut and Rock Streets. The mailing address is 600 Centralia College Blvd., Centralia, WA 98531-4099.

Educational operations are located at the following addresses: 600 Centralia College Blvd., Centralia, WA 98531-4099 and Centralia College East, 701 Airport Way, Morton, WA 98356.

(3) Additional and detailed information concerning the educational offerings may be obtained from the catalog on the Centralia College website at www.centralia.edu and in the Enrollment Services Office, 600 Centralia College Blvd., Centralia, WA 98531-4099.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-133-020, filed 5/30/13, effective 6/30/13
• WSR 04-19-062, § 132L-133-020, filed 9/15/04, effective 10/16/04. Statutory Authority: RCW 28B.50.090(10). WSR 93-13-050 (Order A-1(93)), § 132L-133-020, filed 6/15/93, effective 7/16/93. Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. WSR 90-05-005, § 132L-133-020, filed 2/9/90, effective 3/12/90.

Wash. Admin. Code § 132L-133-030 Meeting of the board of trustees.

The board customarily holds monthly meetings on the second Thursday of each month at such place as it may designate. Notices of the time and place of all regular and special meetings shall be governed by the requirements of chapter 42.30 RCW, Open Public Meetings Act, as now or hereafter amended.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-133-030, filed 9/15/04, effective 10/16/04.

Chapter 132L-136 Use of district facilities.

Wash. Admin. Code § 132L-136-010 Definition.

"Smoke" or "smoking" means carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment; the use of any tobacco or nicotine product; or the use of any facsimile of a tobacco or nicotine product, including electronic cigarettes. Nicotine gum, patches, or like products are permissible.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-136-010, filed 5/30/13, effective 6/30/13
• Order 72-1, § 132L-136-010, filed 1/19/72.

Wash. Admin. Code § 132L-136-011 General policy.

Centralia College is an educational institution provided and maintained by the people of the state. Its campuses, buildings, properties, and facilities shall be reserved at all times for those activities that are related to its broad educational objectives and goals. Access to college-owned or college-controlled buildings, offices, classrooms, and facilities is granted only to conduct official business. Attempting to enter, entering, or remaining in such buildings, offices, classrooms, or facilities without legitimate purpose is prohibited. The main thoroughfares of any of the college's campuses are open to the general public during normal business and class hours. After normal business and class hours, the campus shall be closed to the public. The general public, and all guests or visitors to any college-owned or college-controlled property shall conform to all municipal, state and federal laws and statutes. In addition, the public, guests, and visitors shall be subject to all of the applicable provisions of chapter 132L-120 WAC, Student rights and responsibilities code.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, amended and recodified as § 132L-136-011, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-020, filed 3/19/74.

Wash. Admin. Code § 132L-136-012 Sound amplification devices.

Sound amplification devices may only be used at a volume that does not disrupt or disturb the normal use of classrooms, offices, or laboratories, or any previously scheduled college event or activity.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-136-012, filed 5/30/13, effective 6/30/13.

Wash. Admin. Code § 132L-136-013 Kiser natural outdoor learning lab (KNOLL).

The Kiser natural outdoor learning lab (KNOLL) is an outdoor classroom and is not a public forum.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-136-013, filed 5/30/13, effective 6/30/13.

Wash. Admin. Code § 132L-136-021 Smoking policy.

Smoking is prohibited on campus except in designated smoking areas.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-136-021, filed 5/30/13, effective 6/30/13
• WSR 04-19-062, § 132L-136-021, filed 9/15/04, effective 10/16/04.

Wash. Admin. Code § 132L-136-025 Bicycling and skating.

All persons using bicycles, skates, or other similar nonpowered conveyances or vehicles shall do so in a manner that does not endanger the health, safety, or welfare of themselves or others, and that does not unduly interfere with pedestrians, cause damage, block or impede access, create noise or distraction that interferes with the learning environment, or in any manner that interferes with the rights of others.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-025, filed 9/15/04, effective 10/16/04.

Wash. Admin. Code § 132L-136-030 Administrative control.

The board of trustees delegates to the president authority to establish procedures for proper review and approval of the use of the college's facilities; to establish, within the framework of these policies, regulations governing such use; and to establish and revise fee schedules consistent with WAC 132L-136-080.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-030, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-030, filed 3/19/74.

Wash. Admin. Code § 132L-136-040 Trespass regulations.

(1) Individuals who are not students or members of the faculty or staff, whose actions are in violation of chapter 132L-136 WAC or WAC 132L-120-080 will be advised by the president, or designee, of the specific nature of the violation, and if the individuals persist in the violation, they will be requested to leave the campus. Failure to comply with such a request will subject such individuals to arrest for trespass under the provisions of chapter 9A.52 RCW.

(2) Members of the college community (students, faculty, or staff) who do not comply with these regulations will be reported to the appropriate college office for action in accordance with established college policies.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-040, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-040, filed 3/19/74.

Wash. Admin. Code § 132L-136-050 Scheduling.

Facilities may be available for rental by the public in accordance with specified fee schedules and other regulations and procedures for such use when not scheduled for college use. The administrative regulations and procedures, schedule of fees, and application forms for use may be obtained at the office of the chief administrative office or designee.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-050, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-050, filed 3/19/74.

Wash. Admin. Code § 132L-136-060 Users.

In order to assure appropriate scheduling of Centralia College facilities, the following priorities will serve as guidelines:

(1) Centralia College scheduled programs and activities.

(2) Centralia College related activities, recognized college organizations, and those public or private agencies, whose purpose relate to the advancement of Centralia College programs, and/or sponsored activities.

(3) Nonprofit organizations that are nonsectarian, nonpolitical, and noncommercial:

(a) Public education groups that would be engaging in activities serving public education goals and objectives, and

(b) Other than public education groups or organizations,

(i) That would be engaging in activities that serve governmentally supported objectives, or

(ii) That would be engaging in activities related to community improvement objectives, or

(iii) That would be engaging in activities related to the organization's goals and objectives.

(iv) Other organizations or groups.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-060, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-060, filed 3/19/74.

Wash. Admin. Code § 132L-136-070 Limitations of use.

(1) College facilities may not be used in ways which interfere with or are detrimental to the college's own instructional and educational programs.

(2) College facilities may not be used for commercial sales, advertising, or promotional activities except when such activities serve educational purposes of the college and are conducted under the sponsorship of a college department of office.

(3) Each group or organization which uses college facilities must abide by the policies and procedures for use as determined by the board of trustees and/or the college president and shall be subject to revocation of their privilege to use the facilities for failing to do so.

(4) The administration reserves the right to deny or cancel the use of facilities anytime the administration determines that such use or meeting interferes with or disrupts the instructional, educational or business functions of the college.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-136-070, filed 5/30/13, effective 6/30/13
• WSR 04-19-062, § 132L-136-070, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-070, filed 3/19/74.

Wash. Admin. Code § 132L-136-080 Fees.

Fees, when applicable, will be determined by the following categories and assessed accordingly:

(1) Direct charges: Will include charges for utilities (heat, light, etc.), security, and custodial services.

(2) Special charges: Will include charges for use of audio-visual or television equipment and operator; for law enforcement services, and/or any other similar kind of expenses incurred.

(3) Rental charges: Will include charges (depreciation, overhead costs, amortization, etc.) for use of facilities.

(4) Damage charges: Will include charges to defray any expense for the repair or replacement of damaged property or equipment incurred as a result of a rental agreement.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-136-080, filed 9/15/04, effective 10/16/04
• Order 74-18, § 132L-136-080, filed 3/19/74.

Chapter 132L-140 Environmental protection.

Wash. Admin. Code § 132L-140-010 Environmental protection policy.

It shall be the policy of Centralia College that capital projects proposed and developed by the college shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-11 WAC, WAC guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-140-010, filed 9/15/04, effective 10/16/04
• Order 77-3, § 132L-140-010, filed 3/30/77.

Wash. Admin. Code § 132L-140-020 Responsible officer.

In compliance with WAC 197-11-910, the director of maintenance and construction projects is designated to be the "responsible official" for carrying out this policy.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-140-020, filed 9/15/04, effective 10/16/04. Statutory Authority: Chapters 28B.50, 28B.19 and 28B.52 RCW. WSR 85-18-056 (Order 85-1, Motion No. 85-56), § 132L-140-020, filed 9/3/85
• WSR 83-17-022 (Order 83-2, Motion No. 83-50), § 132L-140-020, filed 8/9/83
• Order 77-3, § 132L-140-020, filed 3/30/77.

Chapter 132L-276 Public records.

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

The purpose of this chapter shall be to ensure compliance by Centralia College with the provisions of chapter 42.17 RCW.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-010, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-010, filed 5/18/73.

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

(1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by Centralia College regardless of physical form or characteristics, except those student records exempted by the Family Educational Rights and Privacy Act of 1974, known as FERPA or the "Buckley Amendment" (U.S.C. 1232g and 34 C.F.R. 99) as amended.

(2) Writing. "Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents."

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-020, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-020, filed 5/18/73.

Wash. Admin. Code § 132L-276-050 Public records available.

All public records of the college, as defined in WAC 132L-276-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.17 RCW and WAC 132L-276-100. Records may be requested from the public records officer located in the Human Resources Office, Hanson Administration Building.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-050, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-050, filed 5/18/73.

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

The college's public records shall be in the charge of the public records officer designated by the college president. The public records officer and his or her designees shall be responsible for the following: The implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-060, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-060, filed 5/18/73.

Wash. Admin. Code § 132L-276-070 Office hours.

Public records shall be available for inspection and copying during the open office hours of the college.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 13-12-041, § 132L-276-070, filed 5/30/13, effective 6/30/13
• WSR 04-19-062, § 132L-276-070, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-070, filed 5/18/73.

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

In accordance with requirements of chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the college, which shall be available at the office outlined in WAC 132L-276-050. The form shall be presented to the public records officer and/or his designee, at the Hanson Administrative Building during customary office hours.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer and/or his or her designee, to assist the member of the public in appropriately identifying the public record requested.

(3) The public records officer and/or his or her designee to whom the request is presented shall, within five business days after the day of request:

(a) Make the requested document available, or

(b) State that such a document does not exist, or

(c) Ask for clarification of the document requested, or

(d) Deny access because the document is exempt from public inspection under chapter 42.17 RCW, WAC 132L-276-050, and 132L-276-100.

(4) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine if the information requested is exempt.

(5) If the intent of the request is not clear, the public records officer may request clarification from the requestor. The public records officer does not need to respond to the request if the requestor fails to clarify the request.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-080, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-080, filed 5/18/73.

Wash. Admin. Code § 132L-276-085 Charges for public records.

Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

History

• Statutory Authority: RCW 46.56.120 and 2017 c 304. WSR 17-23-024, § 132L-276-085, filed 11/6/17, effective 12/7/17.

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

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132L-276-080 is exempt under the provisions of chapter 42.17 RCW.

(2) In addition, pursuant to chapter 42.17 RCW, the college reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The college also reserves the right not to disclose records consistent with specific exemptions identified in chapter 42.17 RCW. The public records officer and/or his designee will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-100, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-100, filed 5/18/73.

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

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer and/or his or her designee which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his designee denying the request shall refer it to the district president. The college president or his or her designee shall immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision, within five business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the college has returned the petition with a decision or until the close of the fifth business day following denial of inspection, whichever occurs first.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-110, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-110, filed 5/18/73.

Wash. Admin. Code § 132L-276-120 Protection of public records.

(1) No person shall knowingly alter, deface, or destroy public records of Centralia College.

(2) Care and safekeeping of public records of Centralia College, furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.

(3) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.

(4) Boisterous or otherwise disruptive conduct by those requesting public records of Centralia College shall not be permitted.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-120, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-120, filed 5/18/73.

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

(1) Index. The public records officer and/or his or her designee have available to all persons a current index which provides identifying information as to those records adopted or promulgated and indexed since January 1, 1973, which are deemed by Centralia College to fall within the purview of RCW 42.17.260 and WAC 132L-276-020.

(2) Availability. The current index promulgated by the college shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-130, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-130, filed 5/18/73.

Wash. Admin. Code § 132L-276-140 Request for public record—Form.

The college hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form attached.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-140, filed 9/15/04, effective 10/16/04
• Order 73-20, § 132L-276-140, filed 5/18/73.

Wash. Admin. Code § 132L-276-900 Appendix "A"—Request for public record to Centralia College.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 04-19-062, § 132L-276-900, filed 9/15/04, effective 10/16/04
• Order 73-20, Appendix A (codified as WAC 132L-276-900), filed 5/18/73.

Chapter 132L-300 Discrimination complaint process.

Wash. Admin. Code § 132L-300-010 Discrimination and harassment policy.

Centralia College (college) provides equal opportunity and access in education and employment and does not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington state's law against discrimination, chapter 49.60 RCW and their implementing regulations.

The college has enacted policies prohibiting discrimination and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the college or from employment.

History

• Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 15-18-054, § 132L-300-010, filed 8/27/15, effective 9/27/15
• WSR 04-19-062, § 132L-300-010, filed 9/15/04, effective 10/16/04.

Chapter 132L-351 Centralia College—Student rights and responsibilities code.

Wash. Admin. Code § 132L-351-005 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student services or their designee. Unless otherwise specified, the student conduct officer shall serve as the principal investigator and administrator for alleged violations of this code.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-005, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-010 Student responsibilities.

Centralia College is a dynamic learning community that promotes growth and development by offering opportunities to gain knowledge, entrance skills, examine values, and pursue learning options. The college is committed to quality life-long learning through its values of respect, responsibility, and responsiveness. To that end, Centralia College maintains a strong commitment to providing a civil and nondisruptive learning environment. Students are reminded that they assume certain responsibilities of performance and conduct which have been reasonably established in order to accomplish Centralia College's education goals. Therefore, the college expects that students will conduct themselves as responsible members of the college community, will comply with the rules and regulations of the college, will maintain high standards of integrity and honesty, and will respect the rights, privileges, and property of other members of the college community.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-010, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-015 Purpose.

The purpose of these rules is to prescribe standards of conduct for students of Centralia College. Violations of these standards may be cause for disciplinary action as described in this code.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-015, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-020 Definitions.

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

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

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

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

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

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

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

(5) "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 10 instructional days or an expulsion are heard by the student conduct appeals board. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.

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

(7) "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 email and by 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.

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

(9) "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 official's office and college email address.

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

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

(11) "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, persons who are not officially enrolled for a particular term but who have a continuing relationship with the college, and persons who have been notified of their acceptance for admission are considered "students" for purposes of this chapter.

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

(13) "Complainant" is an alleged victim of sexual misconduct.

(14) "Sexual misconduct" has the meaning ascribed to this term in WAC 132L-351-130.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-12-112, § 132L-351-020, filed 6/7/23, effective 7/8/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-020, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-025 Jurisdiction.

The student conduct code shall apply to student conduct that occurs on college premises, to conduct that occurs at or in connection with college-sponsored activities, or to off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives. 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. Students are responsible for their conduct from the time of application for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The college 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.

Hazing:

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

(a) On college premises; or

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

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

(2) Jurisdiction extends to, but is not limited to, locations in which students or student groups are engaged in official 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 and college-sanctioned housing.

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

(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 by students or student groups that occurs off-campus.

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-12-112, § 132L-351-025, filed 6/7/23, effective 7/8/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-025, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-030 General policies.

(1) Centralia College is an agency of the state of Washington and adheres to all local, state, and federal laws. The college is obligated to demonstrate respect for laws by cooperating in their enforcement.

(2) Centralia College cannot and will not establish regulations that would abridge constitutional rights.

(3) Proper procedures are established to maintain conditions helpful to the effective function of the college, to protect individual students from unfair penalties, and to assure due process. Centralia College is granted the right by law to adopt rules to govern its operations.

(4) If these rules are broken, the college has the right and the obligation to take that action which is in the best interest of the entire college.

(5) Centralia College reserves the right to impose the provisions of this code and provide further sanctions before or after law enforcement agencies, courts, or other agencies have imposed penalties or otherwise disposed of a case. College hearings are not subject to challenge on the grounds that criminal or civil charges involving the same incident have been dismissed or reduced or in which the defendant has been found not guilty or otherwise not liable. In addition, the college reserves the right to refer incidents to the appropriate civilian authorities or law enforcement agencies.

(6) The ASCC has the right to participate in the formulation and review of all policies and rules pertaining to student conduct and in the enforcement of all such rules as provided by this chapter.

(7) This code will be printed and made available to students.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-030, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-035 Student rights.

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

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

(1) Academic freedom.

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

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

(c) Students shall be protected from academic evaluation which 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 which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual harassment.

(2) Due process.

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-035, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-040 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) Academic dishonesty. Any act of academic dishonesty including, but not limited to, cheating, plagiarism, and fabrication.

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

(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. Prohibited conduct 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) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty may also be referred to the student conduct officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

(2) Other dishonesty. Any other acts of dishonesty. Such acts 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.

(3) Obstruction or disruption. Conduct, not otherwise protected by law that interferes with, impedes, or otherwise unreasonably hinders:

(a) Instruction, research, administration, disciplinary proceeding, or other college activities, including the obstruction of the free flow of pedestrian or vehicular movement on college property or at a college activity; or

(b) Any activity that is authorized to occur on college property, whether or not actually conducted or sponsored by the college.

(4) Assault, intimidation, harassment. Unwanted touching, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property. For purposes of this code, "bullying" is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.

(5) Cyber misconduct. Cyberstalking, cyberbullying or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, 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 email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.

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

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

(8) Weapons. Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(9) Hazing.

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

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

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

(iii) That causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student.

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

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

(ii) Humiliation by ritual act;

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

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

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

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

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

(10) Alcohol, drug, and tobacco violations.

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

(b) Marijuana. 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.

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

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

(11) Lewd conduct. Conduct which is lewd or obscene that is not otherwise protected under the law.

(12) Discriminatory conduct. Conduct which harms or adversely affects any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

(13) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 132L-351-210.

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

(b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and 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 harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking.

(d) 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.

(e) 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.

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

(g) Statutory rape. Consensual intercourse between a person who is 18 years of age or older, and a person who is under the age of 16.

(h) 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.

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

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

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

(A) The length of the relationship;

(B) The type of relationship; and

(C) The frequency of interaction between the persons involved in the relationship,

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

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

(ii) Suffer substantial emotional distress.

(k) For 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 sexual conduct.

(14) Harassment. Unwelcome conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program, that changes the terms or conditions of employment for a college employee, or that creates an intimidating or hostile environment for other campus community members.

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; sexual orientation; gender identity; veteran's status; or any other legally protected classification. See "sexual misconduct" for the definition of "sexual harassment." Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications.

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

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

(a) Unauthorized use of such resources or 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 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 college's electronic use policy.

(17) 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.

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

(19) 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.

(20) 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.

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

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-12-112, § 132L-351-040, filed 6/7/23, effective 7/8/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-040, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-045 Disciplinary sanctions.

(1) Administration of the disciplinary procedure is the responsibility of the student conduct officer. The student conduct officer shall serve as the principal investigator and prosecutor for alleged violations of this code.

(2) In situations of apparent misconduct or apparent unauthorized presence in a college facility, it may be necessary for properly identified college personnel to ask a person to produce evidence of being a currently enrolled student at the college. Failure to comply with a legitimate request for identification from properly identified college personnel is a violation of this code and may result in a disciplinary action if the person is found to be a student. In emergency situations, cases of misconduct, or where there is a substantial danger to the college community or college property, failure to produce identification by a student may result in the assumption by college personnel that the person questioned is not a student and may result in direct civil or criminal action.

(3) The instructor is responsible for conduct in the classroom or any course-related activity or event and is authorized to take such steps as are necessary when behavior of the student disrupts the normal classroom procedure. Instructors may remove a student for the single class session in which such disruptive behavior occurs. When such behavior results in expulsion from a class session, the instructor must report the infraction in writing to the student conduct officer at the earliest opportunity. The student is automatically permitted to return to the next class session pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior in any class session that again disrupts the normal classroom procedure, the student may be removed again for that class session by the instructor who shall again report the infraction to the student conduct officer in writing. In all cases involving classroom disruption, the student conduct officer will proceed with the investigation and/or disciplinary hearings in the quickest possible time consistent with the procedural requirements established in this code.

(4) The person in charge of any college office, department, or facility is responsible for conduct in that office, department, or facility and is authorized to take such steps as are necessary when behavior of the student disrupts the normal office procedure. The person in charge may remove a student for the single day in which such disruptive behavior occurs. When such behavior results in expulsion from an office, department, or facility, the person in charge must report the infraction in writing to the student conduct officer at the earliest opportunity. The student is automatically permitted to return the next day pending the outcome of any investigation or disciplinary hearings by the student conduct officer. If the student repeats behavior at any time in the future that again disrupts the normal office procedure, the student may be removed again for a single day by the person in charge who shall again report the infraction to the student conduct officer in writing. In all cases involving office disruption, the student conduct officer will proceed with the investigation and/or disciplinary hearings in the quickest possible time consistent with the procedural requirements established in this code.

(5) The student has the right to appeal any disciplinary action of an instructor or college employee to the student conduct officer in accordance with the procedures set forth in this code.

(6) A student formally charged or under investigation for a violation of this code may not excuse himself or herself from disciplinary hearings by withdrawing from the college.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-045, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-050 Disciplinary sanctions terms and conditions.

(1) The following disciplinary sanctions may be imposed upon students found to have violated the student conduct code:

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

(b) Written reprimand. Notice in writing that the student has violated one or more terms of this code of conduct and that continuation or repetition of the same or similar may be cause for more severe disciplinary action. This sanction is not subject to appeal.

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

(d) Summary suspension. Immediate exclusion from classes and other privileges or activities in accordance with this code.

(e) Disciplinary suspension. Dismissal 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.

(f) Deferred suspension. Notice of suspension from the college with the provision that the student may remain enrolled contingent on meeting any condition(s) specified. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.

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

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

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

(b) 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.

(c) 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:

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

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

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

(e) Disqualification from athletics. Any student found by the college to have violated this code related to the use, possession, sale, or delivery of legend drugs is subject to additional sanctions, including disqualification from college-sponsored athletic events.

(f) College or community service. Assignment of labor or responsibilities to any student or student organization with the college or local community. May also include mandatory attendance at educational programs or courses or other assignments.

(3) Hazing disciplinary sanctions for individual and group incidents prohibited pursuant to WAC 132L-351-040(9):

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

(b) Washington state law provides that:

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

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

(iii) Student groups that knowingly permit hazing to be conducted by its members or others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

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

History

• Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-12-112, § 132L-351-050, filed 6/7/23, effective 7/8/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-050, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-055 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 complainant.

(2) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing him or her to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the 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 allegations of 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 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 his or her 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), as described in WAC 132L-351-045.

(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 to ensure that prompt notice of the protective disciplinary sanctions and/or conditions.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-055, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-060 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 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.

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

(a) The imposition of disciplinary suspensions in excess of ten instructional 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 instructional 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 provided elsewhere in these rules, disciplinary warnings and dismissals of disciplinary actions are final action and are not subject to appeal.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-060, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-065 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 he or she is a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.

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

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

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

(3) The conduct review officer shall serve an initial decision upon both the parties within ten days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within ten 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 instructional days or expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-065, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-070 Brief adjudicative proceedings—Review of initial decision.

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

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

(3) During the review, the president shall give each party an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to 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 reasons for the decision and must be served on the parties within twenty 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 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 instructional days or expulsion, the matter shall be referred to the student conduct committee for a disciplinary hearing.

(6) In cases involving allegations of sexual misconduct, the president, on the same date as the final decision is served on the respondent, will serve a written notice upon the complainant informing the complainant 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: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-070, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-075 Student conduct committee.

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

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

(b) Two faculty members appointed by the president;

(c) One faculty member or administrator (other than an administrator serving as a student conduct or conduct review officer) appointed by the president at the beginning of the academic year.

(2) The faculty member or administrator appointed on a yearly basis 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 quorum of three members of the committee so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

(4) Members of the student conduct committee shall not participate in any case in which they 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 pursuant to RCW 34.05.425(4).

(5) At the option of the college president, the college may appoint an administrative law judge to serve as a hearing officer responsible for handling procedural matters otherwise assigned to the chair and to conduct the hearing on behalf of the student conduct committee.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-075, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-080 Conduct committee—Procedure and evidence.

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

(5) The committee chair may provide to the committee members in advance of the hearing copies of (a) the conduct officer's notification of 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) In cases heard by the committee, each party may be accompanied at the hearing by a nonattorney assistant of their choice. The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, 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 and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-080, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-085 Student conduct committee hearing procedures.

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

(a) Proceed with the hearing and issuance of its decision; or

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

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

(3) The chair shall cause the hearing to be recorded by a method that he/she 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 the complainant nor the respondent shall directly question or cross examine one another. Attorneys or advisors 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: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-085, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-090 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 twenty 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 order 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 conditions, if any, as authorized in the student code. If the matter is an appeal by the respondent, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

(4) 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.

(5) 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: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-090, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-095 Appeal from student conduct committee initial decision.

(1) A party 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 notice of appeal with the president's office within ten 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 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. If necessary to aid review, the president may ask for additional briefing from the parties on issues raised on appeal. 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.

(3) The president shall provide a written decision to all parties within twenty 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 shall not engage in an ex parte communication with any of the parties regarding an appeal.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-095, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-100 Summary suspension.

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

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

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

(b) Presents an immediate danger to the health, safety, or welfare of members of the college community; 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 campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that his or her privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet 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. At the hearing the review officer:

(a) Will determine whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope.

(b) Provide the respondent the 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.

(6) If the student 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.

(7) 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.

(8) 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.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-100, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-105 Readmission after dismissal.

A student dismissed from the college may be readmitted only on written petition to the president. Petitions must indicate reasons that support reconsideration. The president may use whatever review procedures are at the president's disposal in consideration of readmission. The president shall convey a decision in writing to the student within thirty days after completion of the review process.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-105, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-110 Brief adjudicative proceedings—Authorized.

Student conduct appeals involving the following disciplinary actions:

(1) Suspensions of ten instructional days or less;

(2) Disciplinary probation;

(3) Written reprimands;

(4) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions; and

(5) Appeals by a complainant in student disciplinary proceedings involving allegations of sexual misconduct in which the student conduct officer:

(a) Dismisses disciplinary proceedings based upon a finding that the allegations of sexual misconduct have no merit; or

(b) Issues a verbal warning to respondent.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-110, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-115 Brief adjudicative proceedings—Agency record.

The agency 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. These records shall be maintained as the official record of the proceedings.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-115, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-120 Review of rules.

These rules will be reviewed annually by the student conduct officer. The student conduct officer, upon determining a need to revise this code shall convene a review committee to make recommendations for change in the code.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-120, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-200 Title IX supplemental procedures—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 Centralia College's standard disciplinary procedures in WAC 132L-351-005 through 132L-351-095, these supplemental procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-200, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-210 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 Centralia 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 Centralia College employee conditioning the provision of an aid, benefit, or service of Centralia 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 Centralia 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: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-210, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-220 Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during a Centralia 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 Centralia 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 Centralia 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 Centralia College from pursuing other disciplinary action based on allegations that the respondent violated other provisions of Centralia College's student conduct code, and this chapter.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-220, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-230 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); and

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

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

(ii) An advisor may be an attorney; and

(iii) Centralia 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: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-230, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-240 Prehearing procedures.

(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 132L-351-080. In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-240, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-250 Rights of parties.

(1) The Centralia College's student conduct procedures, this chapter and this supplemental procedure shall apply equally to all parties.

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-250, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-260 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) Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

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

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

(a) Spousal/domestic partner privilege;

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

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-260, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-270 Initial order.

(1) In addition to complying with WAC 132L-351-090, 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 educational programs or activities; and

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-270, filed 5/25/21, effective 6/25/21.

Wash. Admin. Code § 132L-351-280 Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and time frames set forth in WAC 132L-351-095.

(2) The president or their delegate will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether the disciplinary sanction and condition(s) imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth any new disciplinary sanction and/or condition(s).

(3) President's office shall serve the final decision on the parties simultaneously.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-12-044, § 132L-351-280, filed 5/25/21, effective 6/25/21.