Title 132t WAC — Walla Walla Community College

Chapter 132T-06 Tenure regulations.

Wash. Admin. Code § 132T-06-010 Purpose.

The board of trustees of Community College District No. 20 hereby establishes a rule on faculty tenure. The purpose of this tenure policy shall be to protect faculty employment rights and faculty involvement in the protection of those rights at Walla Walla Community College and subsequent community colleges hereafter established within Community College District No. 20. In order to insure the professional objectives of a community college staff, the board hereby adopts the following procedures as they exist now or as hereafter amended for administering faculty tenure.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-010, filed 3/12/82
Order 70-20, § 132T-06-010, filed 4/24/70.

Wash. Admin. Code § 132T-06-020 Definitions.

As used in this chapter, the following terms and definitions shall mean:

(1) "Appointing authority" shall mean the board of trustees of Community College District No. 20.

(2) "Review committee" shall mean a committee of faculty peers and administrative staff appointed pursuant to WAC 132T-08-030.

(3) "Dismissal review committee" shall mean a committee of faculty and peers and administrative staff approved pursuant to WAC 132T-06-075.

(4) "Regular college year" shall mean a faculty appointment inclusive of consecutive fall, winter and spring quarters. The regular college year, in all instances shall be deemed to begin with the first fall quarter following the probationer's appointment regardless of the quarter in which the probationer began employment.

(5) "President" shall mean the president of Walla Walla Community College, or in such president's absence, the acting president.

(6) "Part-time" shall mean an appointment for which the appointee's presence at the college for the entire normal working day during the entire regular college year is not required.

(7) "College" shall mean Walla Walla Community College and any subsequent community college hereafter established within Community College District No. 20.

(8) "Full time" shall mean an appointment which requires the appointee's presence at the college for the entire normal working day during the entire regular college year.

(9) The definition of "tenure," "faculty appointment," "probationary faculty appointment," "probationer," and "administrative appointment" shall be the same as are contained within section 33, chapter 283, Laws of 1969 ex. sess. and RCW 28B.50.851 as now law or hereafter amended.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-020, filed 3/12/82
Order 70-20, § 132T-06-020, filed 4/24/70.

Wash. Admin. Code § 132T-06-030 Composition of review committee.

(1) One review committee shall be established and shall include both the transfer division and occupation division. At least two committee members shall be chosen from the transfer division and at least two committee members from the occupation division.

(2) The review committee shall be composed of seven persons, four of whom shall consist of tenured faculty appointees, chosen by the faculty, acting in a body, prior to October 15th of each regular college year; and additionally the review committee shall consist of one student selected by the student council of the associated student body prior to October 15th of each regular college year; and two administrative appointees chosen by the president prior to October 15th of each regular college year. The review committee shall choose its own chairperson and such review committee shall meet at the call of the chairperson when the need for such meeting arises.

(3) The duration of each faculty appointment and each administrative appointment to the review committee shall be for a period of two calendar years beginning on the 15th day of October of the year of appointment; that the student appointment shall be for a period of one calendar year, beginning on the 15th day of October of the year of appointment.

If a vacancy exists upon any review committee prior to the expiration of any such appointment, an administrative, faculty or student member as appropriate, shall be appointed pursuant to section 2 of this rule to fill the unexpired term of the absent member of such review committee.

History

Order 75-1, § 132T-06-030, filed 8/26/74
Order 70-20, § 132T-06-030, filed 4/24/70.

Wash. Admin. Code § 132T-06-040 Duties of review committee.

(1) The president shall on the 15th day of October of each regular college year assign each full-time probationary faculty appointee to the review committee for such committee's evaluation and required recommendations.

(2) The review committee shall establish and publish its method of evaluating performance of each full-time probationary faculty appointee in considering whether the probationary appointee possesses personal characteristics and the necessary professional competence to be granted tenure, placing primary importance upon the probationer's effectiveness in his appointment.

(3) The review committee shall consider the following standards in the course of evaluating each full-time probationer's effectiveness in his appointment:

(a) Initial employment is the first favorable indication that the probationer should be permanently employed.

(b) The probationer's instructional skills.

(d) The probationer's relationship with academic employees.

(e) The probationer's relationship with the administration.

(f) The probationer's knowledge of the subject matter he/she is charged with teaching.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-040, filed 3/12/82
Order 70-20, § 132T-06-040, filed 4/24/70.

Wash. Admin. Code § 132T-06-050 Required review committee action.

(1) The review committee shall be required to conduct an evaluation of each full-time probationary faculty appointee assigned to the committee by the president and render the following reports to the president, the probationary faculty appointee and through the president to the appointing authority at the following times during the regular college year:

(a) A written evaluation of each full-time probationary faculty appointee's performance and the subsequent submission of such written evaluation of the performance directed to the said probationer and the president on December 20th and March 15th of each regular college year that said probationer is not a tenured faculty appointee. The review committee shall obtain such appointee's written acknowledgment of receipt of the written performance evaluation each time such evaluation is rendered.

(b) A written recommendation concerning the employment or nonemployment of each full-time probationary faculty appointee for the ensuing regular college year directed to the appointing authority through the president prior to February 15th of each regular college year.

(c) A written recommendation directed through the president to the appointing authority recommending the appointing authority award or not award tenure, such written recommendations to be submitted at times deemed appropriate by the review committee: Provided, That during such full-time probationary faculty appointee's third regular college year of appointment, the review committee shall prior to March 15th of such regular college year make such a recommendation as to the award or nonaward of tenure. If the review committee does not make the written recommendation as to the award or nonaward of tenure by March 15th of the regular college year for each full-time probationary faculty appointee who is then serving his third consecutive year of full-time appointment it shall be deemed a recommendation that tenure not be awarded to such appointee.

(2) The appointing authority shall only be required to give reasonable consideration to an award of tenure recommendation of the review committee but shall not be bound by such recommendation if the appointing authority has given reasonable consideration to such recommendation. The appointing authority shall not be required to give any consideration to the review committee recommendation required by paragraph (1)(b) of this rule.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-050, filed 3/12/82
Order 70-20, § 132T-06-050, filed 4/24/70.

Wash. Admin. Code § 132T-06-060 Dismissal for cause.

Tenured employees shall not be dismissed or laid off except for sufficient cause, nor shall a probationary employee be dismissed or laid off prior to the written terms of an appointment except for sufficient cause. Dismissal for sufficient cause shall, in addition to the enumerated grounds contained in section 40, chapter 283, Laws of 1969 ex. sess., and RCW 28B.50.862, include but not be limited to:

(1) Any unlawful act of violence;

(2) Any unlawful act resulting in destruction of community college property;

(3) Unlawful interference with the orderly conduct of the educational process;

(4) Incompetency;

(5) Failure to perform an assignment as specified by contract;

(6) Layoff or reduction in force.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-060, filed 3/12/82
Order 70-20, § 132T-06-060, filed 4/24/70.

Wash. Admin. Code § 132T-06-065 Faculty statement on professional competency.

A tenured faculty member shall maintain professional competency in his particular discipline through graduate study, research, in-service training, educational travel, conference and symposium attendance and/or additional vocational trade experience.

History

Order 70-20, § 132T-06-065, filed 4/24/70.

Wash. Admin. Code § 132T-06-075 Percent composition of dismissal review committee.

Dismissal review committee comprised for the express purpose of hearing dismissal cases formulated by October 15 of each academic year shall be comprised of the following members:

(1) An administrator chosen by the college president.

(2) Three academic employees chosen by the employees acting as a body; provided that the initial dismissal review committee employees shall serve a one-year, two-year, and three-year term, respectively. All subsequent elections to this committee by employees shall be limited to an election of a member to a three-year term so that all future elections of an employee to this committee shall be accomplished on a staggered-term basis.

(3) A full-time student selected each year by the student council of the associated student body.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-075, filed 3/12/82.

Wash. Admin. Code § 132T-06-085 Charges.

(1) If the president deems sufficient cause exists, a formal charge will be brought against the employee affording an opportunity for a formal hearing after not less than ten days notice. The notice shall include:

(a) A statement of the time, place and nature of the proceeding;

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(d) A statement of the charges and allegations.

Copies of such notice will go to the appropriate dean, the chairperson of the dismissal review committee, and the president of the association.

(2) Such formal hearing shall be in accordance with and in full compliance with, RCW 28B.19.120; 28B.19.130; and 28B.19.140: Provided, however, Implementation of RCW 28B.19.120 shall always involve a hearing officer appointed by the district.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-085, filed 3/12/82.

Wash. Admin. Code § 132T-06-095 Consideration by the dismissal review committee.

(1) The designated hearing officer shall conduct a formal hearing pursuant to RCW 28B.19.120, 28B.19.130, and 28B.19.140 as now or hereafter amended. The dismissal review committee shall attend all hearings and at the discretion of the hearing officer shall examine any witness called.

(2) The hearing officer shall make proposed findings of fact. The hearing officer shall transmit the record, including the proposed findings of fact, to the board of trustees within thirty days of the conclusion of the hearing.

(3) The dismissal review committee, based upon evidence presented at the hearing, shall simultaneously transmit a recommendation to the board of trustees.

(4) The board of trustees shall adopt findings of fact and shall render a decision based upon the record. In rendering such decision, the board shall give careful consideration to the recommendations of the dismissal review committee.

History

Statutory Authority: Chapters 34.04, 34.08 and 28B.19 RCW. WSR 82-07-033 (Resolution No. 82-4), § 132T-06-095, filed 3/12/82.

Wash. Admin. Code § 132T-06-100 Tenure considerations.

(1) A probationary faculty appointee shall acquire tenure by operation of law if service with the college exceeds three consecutive regular college years of full-time academic employment.

(2) The following positions are deemed by the appointing authority to constitute administrative appointments which are determined to be nontenurable:

(a) President

(b) Dean of instruction

(d) Associate dean of instruction

(e) Business manager

(f) Registrar

All directors including, but not limited to:

(g) Director of admissions

(h) Director of guidance

(i) Director of student affairs

(j) Director of athletics

(k) Director of financial aids

(l) Director of occupational education

(m) Director of continuing education

All coordinators, including but not limited to:

(n) Academic education coordinator

(o) Occupational education coordinator

(p) Developmental education coordinator

(q) Coordinator of management information systems

(r) Coordinator of student development and guidance

All supervisors including, but not limited to:

(s) Supervisors of satellite campuses

(t) Physical facilities manager

(u) Funds development officer

(3) An individual who shall serve in any position enumerated in subsection two of this rule and who shall additionally serve as a teacher, counselor, librarian or other comparable position shall be eligible for an award of tenure insofar as such person has had or presently does have status as a teacher, counselor or librarian.

(4) Tenure may be awarded to an individual probationary faculty appointee at any time by the appointing authority after giving reasonable consideration to a specific recommendation from the review committee which recommendation can be made at any time during a probationary faculty appointee's service.

History

Order 75-1, § 132T-06-100, filed 8/26/74
Order 72-3, § 132T-06-100, filed 11/26/71
Order 70-20, § 132T-06-100, filed 4/24/70.

Wash. Admin. Code § 132T-06-110 Effective date.

The rules contained within chapter 132T-06 WAC shall become effective upon the date the same are filed with the code reviser.

History

Order 70-20, § 132T-06-110, filed 4/24/70.

Chapter 132T-09 Practice and procedure.

Wash. Admin. Code § 132T-09-001 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 hereby amended, are adopted for use at Walla Walla Community College District 20. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules previously adopted by this college, the model rules prevail.

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-001, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-001, filed 5/2/72.

Wash. Admin. Code § 132T-09-005 Appointment of presiding officers.

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

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-005, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-005, filed 5/2/72.

Wash. Admin. Code § 132T-09-010 Method of recording.

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

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-010, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-010, filed 5/2/72.

Wash. Admin. Code § 132T-09-080 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:

Office of the President

Walla Walla Community College

500 Tausick Way

Walla Walla, WA 99362.

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

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-080, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-080, filed 5/2/72.

Wash. Admin. Code § 132T-09-090 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are adopted by reference. In addition to those proceedings specified elsewhere in college regulations, brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations;

(2) Challenges to content of education records; or

(3) Outstanding debts owed by students or employees.

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-090, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-090, filed 5/2/72.

Wash. Admin. Code § 132T-09-100 Discovery.

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

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-100, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-100, filed 5/2/72.

Wash. Admin. Code § 132T-09-110 Procedure for closing parts of the hearings.

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

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-110, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-110, filed 5/2/72.

Wash. Admin. Code § 132T-09-120 Recording devices.

No cameras or recording devices are allowed in those parts of the proceedings that the presiding officer has determined shall be closed under WAC 132T-09-010, except for the method of official recording selected by the college.

History

Statutory Authority: Chapters 28B.19 [28B.50], 34.05, and 28B.50 RCW. WSR 22-18-027, § 132T-09-120, filed 8/29/22, effective 9/29/22
Order 72-8, § 132T-09-120, filed 5/2/72.

Chapter 132T-12 Miscellaneous.

Wash. Admin. Code § 132T-12-010 Minimum standard for admission to Walla Walla Community College.

Any applicant for admission to Walla Walla Community College shall be admitted when, as determined by the president of the college, or by his authorized representative, such applicant:

(1) Is competent to profit from the curricular offerings of the college; and

(2) Would not, by his presence or conduct, create a disruptive atmosphere within the community college inconsistent with the purposes of the institution; and

(3) Is eighteen years of age or older or who is a graduate of high school or whose application, if under eighteen years of age and not a graduate of a high school, has been approved, insofar as acquisition of approval is feasible, by the principal of the high school he is attending or which he last attended: Provided, That an applicant transferring from another institution of higher education who meets the above criteria, but who is not in good standing at the time of his transfer, may be conditionally admitted to the college on a probationary status as determined by the president of the college or by his authorized representative.

History

Order 71-12, § 132T-12-010, filed 4/7/71.

Wash. Admin. Code § 132T-12-020 Faculty records.

(1) All records relating to the performance and qualifications of any member of the faculty or administrative staff shall not be deemed public records. However, the president and members of the faculty and administrative staff may use the information contained in such records as the basis for the recommendation or nonrecommendation for any purpose of a present or former administrative or faculty employee, or in any dismissal proceeding.

(2) Members of the faculty or administrative staff to whom such records pertain shall be guaranteed access to their individual records at any reasonable time. Such persons shall be authorized to file any rebuttal statement in their official files or records in the event the individual faculty or administrative staff member so desires to file such rebuttal.

History

Order 71-13, § 132T-12-020, filed 4/7/71.

Chapter 132T-16 Negotiations by certificated personnel.

Wash. Admin. Code § 132T-16-003 Purpose.

Pursuant to chapter 143, Laws of 1965, the board of trustees of Community College District No. 20 establishes the following rules to strengthen methods of administering employer-employee relations through the establishment of orderly methods of communication between certificated employees of Community College District No. 20 and the board of trustees of Community College District No. 20.

Reviser's note: Chapter 143, Laws of 1965, first codified as chapter 28.72 RCW was reenacted as chapter 28A.72 RCW by chapter 223, Laws of 1969 ex. sess., and was subsequently repealed by chapter 288, Laws of 1975 1st ex. sess.

Wash. Admin. Code § 132T-16-006 Request for election—Canvass of certificated employees by independent and neutral person or association.

Any organization of certificated employees of Community College District No. 20 desiring to be recognized as the majority organization representing such employees pursuant to chapter 143, Laws of 1965, RCW 28.72.010 — 28.72.090, shall request in writing of the board of trustees of Community College District No. 20 that an election be held to determine whether a majority of such employees desire to designate it as their representative for the purpose of the act. Upon the receipt of such a request the board of trustees of the Community College District No. 20 will request some independent and neutral person or association to determine whether thirty percent or more of the certificated employees of Community College District No. 20 have indicated that they desire to be represented by that organization for such purposes. The independent and neutral person or association shall make such determination upon the basis of records of dues, paying memberships, signed authorizations to represent, or other reliable and probative evidence.

Wash. Admin. Code § 132T-16-009 Notice of election—Organizations to be included on ballot—Time for filing.

If the independent and neutral person or association determines that thirty percent or more of the certificated employees of Community College District No. 20 have indicated that they desire to be represented by that organization for such purposes, the board of trustees of Community College District No. 20 will publish a notice that it will hold an election to determine whether the certificated employees of Community College District No. 20 desire the requesting organization or any other organization to represent them for the purposes of chapter 143, Laws of 1965, RCW 28.72.010 — 28.72.090. Any other organization of certificated employees desiring to be designated as the majority organization representing such employees shall, within seven days after the publication of such notice by the board of trustees of Community College District No. 20, file with the board of trustees a request in writing that its name be included on the ballot in the election to be held. No organization shall be permitted to have its name placed on the ballot used in the election unless such a request has been received within seven days after the publication of the notice that an election will be held.

Wash. Admin. Code § 132T-16-012 Contents of notice of election—Designation of chief election officer—Duties.

The notice published by the board of trustees of Community College District No. 20, pursuant to WAC 132T-16-030, shall state the date, hours, and polling places for the election. The notice shall also designate a chief election officer of the election and charge him with the duty of preparing the ballots and promulgating instructions concerning the details of the election to be conducted pursuant to these rules.

History

Order 1, § 132T-16-012, filed 4/22/68.

Wash. Admin. Code § 132T-16-015 List of certificated employees—Posting of list.

In any election conducted pursuant to these rules, lists of certificated employees eligible to vote shall be prepared by the board of trustees listing certificated employees by voting places. Such lists shall be posted at least 24 hours before the election. Such lists shall be for informational purposes and shall not be conclusive as to the right of a certificated employee to vote in the election.

History

Order 1, § 132T-16-015, part, filed 4/22/68.

Wash. Admin. Code § 132T-16-016 Election inspectors—Duties—Right to challenge voter—Improper conduct.

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

History

Order 1, § 132T-16-016, part, filed 4/22/68.

Wash. Admin. Code § 132T-16-018 Ballots.

The ballots used in any election held pursuant to this part shall be in the following form:

To select for representation purposes pursuant to chapter 143, Laws of 1965, a majority organization to represent certificated employees of Community College District No. 20.
	Vote for one
organization x	□
organization y	□
no organization	□
Do not sign your name or put other identifying marks on this ballot.

History

Order 1, § 132T-16-018, filed 4/22/68.

Wash. Admin. Code § 132T-16-021 Record of vote—Signature—Challenge.

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

History

Order 1, § 132T-16-021, filed 4/22/68.

Wash. Admin. Code § 132T-16-024 Incorrectly marked ballot.

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

History

Order 1, § 132T-16-024, filed 4/22/68.

Wash. Admin. Code § 132T-16-027 Privacy for voter—Equipment.

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

History

Order 1, § 132T-16-027, filed 4/22/68.

Wash. Admin. Code § 132T-16-030 Folding ballot—Ballot box.

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

History

Order 1, § 132T-16-030, filed 4/22/68.

Wash. Admin. Code § 132T-16-033 Challenged ballot—Procedure.

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

History

Order 1, § 132T-16-033, filed 4/22/68.

Wash. Admin. Code § 132T-16-036 Employees present entitled to vote—Sealing ballot box—Unused ballots.

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

History

Order 1, § 132T-16-036, filed 4/22/68.

Wash. Admin. Code § 132T-16-039 Election inspectors duties after voting has terminated.

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

History

Order 1, § 132T-16-039, filed 4/22/68.

Wash. Admin. Code § 132T-16-042 Disposition of challenged ballots—Tally sheets—Investigation by chief election officer.

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

History

Order 1, § 132T-16-042, filed 4/22/68.

Wash. Admin. Code § 132T-16-045 Counting of ballots—Procedure—Certification of results of election—Retention of ballots—Signed voting lists.

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

History

Order 1, § 132T-16-045, part, filed 4/22/68.

Wash. Admin. Code § 132T-16-046 Electioneering within the polls forbidden.

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

History

Order 1, § 132T-16-045 (codified as WAC 132T-16-046), part, filed 4/22/68.

Wash. Admin. Code § 132T-16-048 Contest of election—Time for filing objections—Investigation of objections.

Any organization, the name of which appears on the ballot, or any certificated employee may within five days after the certification of the results of an election under the provisions of this part, file objections to the conduct of the election with the chief election officer designated by the board of trustees pursuant to WAC 132T-16-012 of this part. The election officer shall investigate such objections and, if necessary, hold formal hearings thereon. He shall report thereon to the board of trustees. If the board of trustees shall conclude that the conduct objected to may have improperly affected the results of the election, it shall order a new election. Otherwise, it shall overrule the objections and the results of the election shall be considered final. Objections to the conduct of the election which are not filed in accordance with the provisions of this section shall be waived and of no effect.

History

Order 1, § 132T-16-048, filed 4/22/68.

Wash. Admin. Code § 132T-16-051 Persons eligible to vote—Definition "certificated employee."

An employee of Community College District No. 20 will be determined eligible to vote in the election as designated in RCW 28.72.020, (section 2, chapter 143, Laws of 1965). For the purposes of this part, the term "certificated employee" means any person currently employed by Community College District No. 20 and holding a valid Washington state teaching license or certificate regularly issued by the state office of public instruction or state community college board.

Wash. Admin. Code § 132T-16-054 Election determined by majority of valid votes cast—Run-off election.

An organization of certificated employees which receives a majority of the valid votes cast in an election held in accordance with the rules of this part shall be recognized as representing the certificated employees of Community College District No. 20 pursuant to RCW 28.72.010 — 28.72.090. If more than one organization of certificated employees has participated in an election and a majority of the valid votes cast has not been either for representation by one of the organizations or for no representation, a run-off election shall be held. In such a run-off, only those two choices receiving the highest number of valid votes cast in the initial election shall appear on the ballot.

Wash. Admin. Code § 132T-16-057 Time lapse for new election.

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

History

Order 1, § 132T-16-054 (codified as WAC 132T-16-057), part, filed 4/22/68.

Chapter 132T-32 Integration of State Environmental Policy Act policies and procedures into capital construction projects.

Wash. Admin. Code § 132T-32-010 Capital projects to comply with SEPA—Responsible official.

(1) It shall be the policy of Community College District No. 20 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

(2) In compliance with WAC 197-10-820, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.

History

Order 76-6, § 132T-32-010, filed 5/28/76.

Chapter 132T-90 Family Educational Rights and Privacy Act.

Wash. Admin. Code § 132T-90-010 The Family Educational Rights and Privacy Act (FERPA).

Walla Walla Community College District 20 complies with the requirements of Public Law 93-380, § 513, of 1974, also annotated as 20 U.S.C.A. 1232, which law represents amendments to the General Education Provisions Act. As indicated in the aforesaid law, its purpose is to assure that students attending institutions of higher education shall have a right to inspect certain records and files intended for school use or made available to parties outside the college.

The student policy called confidentiality of student records (FERPA) provides additional information on student rights under FERPA, what directory information may be released by the college, and contact information for the U.S. Department of Education. The college catalog has a link for the release of information form and additional information on this student policy. Copies of the catalog and policy are available online at www.wwcc.edu. Questions and inquiries about FERPA policy and procedures should be directed to the college registrar.

History

Statutory Authority: RCW 28B.50.140, chapters 34.05 and 42.56 RCW, 20 U.S.C. § 1232g and 34 C.F.R. § 99. WSR 22-18-028, § 132T-90-010, filed 8/29/22, effective 9/29/22
Order 75-5, § 132T-90-010, filed 5/20/75.

Chapter 132T-100 Student code of conduct.

Wash. Admin. Code § 132T-100-010 Preamble.

Walla Walla Community College District 20 is supportive of diversity among ideas, cultures, and student characteristics in the pursuit of advancing one's education. A responsibility to secure, respect, and protect such opportunities and conditions is shared by all members of the academic community. As a member of this community, students are expected to uphold and be accountable for this student code of conduct both on and off campus and acknowledge that the college has the authority to take disciplinary action when a student violates these policies. As an agency of the state of Washington, the college must respect and adhere to all laws established by local, state, and federal authorities. This student code of conduct has been developed to educate students and protect the welfare of the community.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-010, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-020 Statement of student rights.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community. The following enumerated rights are guaranteed to each student within the limitations of statutory law and college policy, and are deemed necessary to achieve the educational goals of the college, including:

(1) Academic freedom - 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. 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). 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. Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and all harassment, including sexual harassment. Individuals shall abide by all college administrative policies and procedures on academic freedom and expressive speech. Chapter 132T-105 WAC describes the college's student conduct procedures for handling Title IX complaints.

(2) Due process - The rights of students to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures is guaranteed. No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges. A student accused of violating this student code of conduct is entitled, upon request, to procedural due process as set forth in this chapter.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-020, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-030 Definitions.

The following definitions shall apply for the purpose of this student code of conduct unless such terms are defined otherwise herein:

Advisor - A person of the complainant's or respondent's choosing who can accompany the complainant or respondent to any conduct-related meeting or proceeding. This person cannot be involved in the case either as a witness or a college employee who has been involved in the matter. Chapter 132T-105 WAC describes the college's student conduct procedures for handling Title IX complaints.

Assembly - Any overt activity engaged in by one or more persons, the object of which is to gain publicity, advocate a view, petition for a cause, or disseminate information to any person, persons, or group of persons.

Board of trustees – The five member governance board appointed by the governor of the state of Washington for Walla Walla Community College District 20.

Business day – A weekday, excluding weekends, college holidays, or other days the college is closed, most often used to represent a timeline of 10 days or less.

Calendar day – A calendar day includes weekdays and weekends, most often used to represent a timeline of more than 10 days.

College – This chapter is specific to Walla Walla Community College District 20.

College employee – Any person employed by the college or volunteering at the college performing assigned duties.

College facilities - Any and all real and personal property controlled, rented, leased, or operated by the college, including all buildings and appurtenances affixed thereon or attached thereto. College facilities extend to distance education classroom environments and agencies or institutions that have educational agreements with the college.

College premises – 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 including parking lots, adjacent streets, and sidewalks.

Complainant - A person who reports that a violation of the student code of conduct has occurred towards themselves, another person, a group of people, or college property. In matters of sexual misconduct outside of the Title IX definition, a complainant is an alleged victim of sexual misconduct. Chapter 132T-105 WAC describes the college's student conduct procedures for handling Title IX complaints.

Complaint - A description of facts that allege a violation of the student code of conduct or other college policy.

Conduct review officer - The vice president of student services or designee responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code.

Controlled substance – Any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.

Disciplinary action – The process by which the student conduct officer imposes discipline against a student for a violation of the student code of conduct. Disciplinary action does not include instructional decisions and actions that are under the authority of faculty members and instructional administrators, such as determination of academic credit and grading. These determinations and any review or appeal of these are outside the scope of this chapter.

Disciplinary appeal – 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 business days or an expulsion or dissolution of a student organization are heard by the student conduct board. Appeals of all other appealable disciplinary action shall be reviewed by the conduct review officer through brief adjudicative proceedings.

Policy - The written regulations of the college as found in, but not limited to, the student code of conduct and any other official regulation written or in electronic form.

Preponderance of the evidence - The standard of proof used with all student disciplinary matters at the college that are within the jurisdiction of the student code of conduct, which means that the amount of evidence must be at 51 percent or more likely than not before a student is found responsible for a violation.

President - The chief executive officer of the college appointed by the board of trustees or, in such president's absence, the acting president or designee. The president is authorized to delegate any of their responsibilities and reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.

RCW – Revised Code of Washington can be accessed at http://apps.leg.wa.gov/rcw/.

Respondent - The student(s) or student organization alleged to have violated a college policy, including this student code of conduct, and against whom disciplinary action is being taken or initiated. Chapter 132T-105 WAC describes the college's student conduct procedures for handling Title IX complaints.

Rules of the student code of conduct - The rules contained herein as now exist or which may be hereafter amended.

Service or filing - The process by which a document is officially delivered to a party. Service or filing is deemed complete and computation of time for deadlines begins upon personal delivery of the document or upon the date the document is electronically mailed and/or deposited into the mail. Documents required to be filed with the college such as requests for appeals, are deemed filed upon actual receipt by the office as designated herein during office hours.

Student - Any person 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, continuing education courses, contract courses, or otherwise. Persons are considered students for purposes of this chapter who withdraw after allegedly violating the student code of conduct, including individuals who are:

(a) Not officially enrolled for a particular term but who have a continuing relationship with the college; or

(b) Who have been notified of their acceptance for admission.

Student conduct board - Also referred to as the SCB is a three member panel which presides over cases that could result in a sanction of expulsion, suspension for more than 10 business days, withholding or revocation of a degree or certificate, and/or loss of recognition of a student organization using the full adjudicative process pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

Student conduct meeting - The conduct meeting with the student conduct officer using the brief adjudicative process to determine responsibility for violations of the student code of conduct.

Student conduct officer - Referred to as SCO, is the person designated by the college president to be responsible for the administration of the student code of conduct or designee. The SCO is authorized to delegate their responsibilities as may be reasonably necessary.

Student organization - Any number of persons who have complied with the formal requirements for college recognition, such as clubs and associations, and are recognized by the college as such.

Visitors – Guests, applicants, contractors, vendors, advisory board members, foundation board members, and members of the public on college premises.

WAC – The Washington Administrative Code can be accessed at http://app.leg.wa.gov/wac/.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-030, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-040 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(13), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures may be delegated by the president. Unless otherwise specified, the student conduct officer or designee shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-040, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-045 Statement of jurisdiction.

Refer to chapter 132T-105 WAC for Title IX violations and jurisdiction as it applies to student conduct procedures related to Title IX.

(1) The student code of conduct shall apply to student conduct that occurs on college premises; 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.

(2) Jurisdiction extends to, but is not limited to, locations in which students are engaged in official college activities including, but not limited to, foreign or domestic travel, activities funded by the associated students, athletic events, training internships, cooperative and distance education, online education, practicums, supervised work experiences, or any other college-sanctioned social or club activities. Students are responsible for their conduct from notification of acceptance at the college through the actual receipt of a degree or certificate, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from the college while a disciplinary matter is pending. The student conduct officer has sole discretion, on a case-by-case basis, to determine whether the student code of conduct will be applied to conduct that occurs off campus.

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

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-045, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-050 Good standing.

The award of a degree or certificate is conditioned upon the student's good standing in the college and satisfaction of all program requirements. Good standing means the student has resolved any acts of academic or behavioral misconduct and has complied with all sanctions imposed because of any misconduct. The college shall deny award of a degree or certificate if the student is dismissed from the college based on their misconduct. The college may withhold awarding a degree or certificate until the completion of the process set forth in the student code of conduct, including the completion of all sanctions imposed, if any.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-050, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-060 Student conduct board.

The college will have a student conduct board (SCB) composed of three members who shall be vice presidents, deans, or directors as designated by the college and trained to conduct the full adjudicative process. The SCB will serve as a standing committee until a final decision is made regarding the student conduct matter for which it was convened. Any SCB member who has a personal relationship with either party or any personal or other interest which would prevent a fair and impartial review and decision, will be recused from the proceedings. One member, acting as the chair, will preside at the disciplinary hearing and will provide administrative oversight throughout the hearing process. Any three members constitute a quorum of the student conduct board and may act accordingly. The college may retain an advisor to the SCB, including an assistant attorney general. The conduct review officer (CRO) will convene the members of the SCB when necessary to adjudicate student code of conduct decisions. All SCB members will receive annual training in investigating and adjudicating student conduct matters in a manner that protects the safety and due process rights of the parties.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-060, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-070 Decisions.

All student conduct decisions in this chapter are made using the preponderance of evidence standard of proof. These decisions become final after 21 calendar days from the date of notification to the student unless a written appeal is filed prior to that final date. Decisions to document a complaint without a sanction are not eligible for appeal. All decision notifications by the student conduct officer, student conduct board, conduct review officer, or president will include a statement of the decision, a summary of relevant facts upon which the decision was based, and the procedures for appealing that decision if applicable. The notification will be personally delivered, sent electronically to the student's college email address, or by mail to the student's most recent address on file with the college within 21 calendar days of the student conduct proceeding. Students are responsible for promptly notifying the college of changes to their mailing address.

(1) Decisions of findings or sanctions by the student conduct officer (SCO) which do not include sanctions of expulsion, suspension for more than 10 business days, withholding or revocation of a degree or certificate, or loss of recognition of a student organization may be appealed to the conduct review officer (CRO).

(2) Decisions of findings on all violations of the student code of conduct which include sanctions of expulsion, suspension for more than 10 business days, withholding or revocation of a degree or certificate, or loss of recognition of a student organization can be appealed to the student conduct board (SCB).

(3) Decisions of findings or sanctions from the CRO or SCB may be appealed to the college president. Decisions made by the college president are final.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-070, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-100 Conduct—Rules and regulations.

The attendance of a student at the college is a voluntary entrance into the academic community. By such entrance, the student assumes obligations of performance and behavior reasonably imposed by the college relevant to its lawful missions, processes, and functions. It is the college's expectation that students will:

(1) Conduct themselves in a responsible manner;

(2) Comply with rules and regulations of the college and its departments;

(3) Respect the rights, privileges, and property of other members of the academic community;

(4) Maintain a high standard of integrity and honesty; and

(5) Not interfere with legitimate college business appropriate to the pursuit of educational goals.

A student or student organization is responsible for the conduct of their invited guests, advisors, and representatives on or in college-owned or controlled property and at activities sponsored by the college or sponsored by any recognized college organization. All student clubs or organizations shall comply with the student code of conduct. When a member or members of a student club or organization violate the student code of conduct, the members and/or individual member may be subject to appropriate sanctions authorized by this student code of conduct. Any student or student organization that, either as a principal or participator or by aiding or abetting, commits or attempts to commit or who incites, encourages, or assists another person to commit a violation of any of the prohibited conduct, rules and regulations, or college policies will be subject to disciplinary action.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-100, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-105 Abusive conduct.

Physical and/or verbal abuse, threats, intimidation, harassment, online harassment, coercion, bullying, cyberbullying, retaliation, stalking, cyberstalking, and/or other conduct which threatens or endangers the health or safety of any person or which has the purpose or effect of creating a hostile or intimidating environment.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-105, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-108 Abuse of the student conduct process.

Abuse of the student conduct process which includes, but is not limited to:

(1) Failure to comply with any notice from a college employee to appear for a meeting or hearing as part of the student conduct process.

(2) Willful falsification, distortion, or misrepresentation of information during the conduct process.

(3) Disruption or interference with the orderly conduct of a college conduct proceeding.

(4) Filing fraudulent charges or initiating a college conduct proceeding in bad faith.

(5) Attempting to discourage an individual's proper participation in, or use of, the student conduct process.

(6) Attempting to influence the impartiality of a member of the college conduct process prior to, during, and/or after any college conduct proceeding.

(7) Harassment (written, verbal, or physical), retaliation, and/or intimidation of any person or persons involved in the conduct process prior to, during, or after any college conduct proceeding.

(8) Failure to comply with the sanction(s) imposed under the student code of conduct.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-108, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-111 Academic integrity.

Walla Walla Community College District 20 has adopted administrative policy 6010 - academic integrity and administrative procedure 6010 - academic integrity to enforce the institution's academic integrity rules. Please refer to them for additional information on the college's processes for handling academic integrity violations.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-111, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-114 Dishonesty.

Any acts of dishonesty include, but are not limited to:

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

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

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

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-114, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-117 Obstructive or disruptive conduct.

Conduct that is disorderly, lewd, indecent, or assisting or encouraging another person to obstruct or disrupt, not otherwise protected by law, that interferes with, impedes, or otherwise unreasonably hinders:

(1) 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

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

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-117, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-120 Assault, intimidation, harassment.

Unwanted touching, physical abuse, verbal (written or oral) 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.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-120, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-123 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.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-123, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-126 Property violation.

Damage to, theft, 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 section includes computer passwords, access codes, identification cards, personal financial account numbers, other confidential personal information, intellectual property, and college trademarks.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-126, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-129 Failure to comply with directive.

Failure to comply with the directive of a college employee who is acting in the legitimate performance of their duties, including conduct directives contained in a program student handbook, and failure to properly identify oneself to such a college employee when requested to do so.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-129, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-132 Weapons violations.

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

(1) Firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities not permitted on campus premises, except for authorized campus purposes, or unless prior written approval has been obtained from the college president or designee. Exceptions include:

(a) Commissioned law enforcement personnel or legally authorized military personnel acting within the scope of their employment;

(b) Private contracted security with expressed prior written permission from the college president or designee to possess firearms or dangerous weapons while employed by the college or for a permitted or contracted event;

(c) Students with legally issued concealed weapons permits may store their weapons in vehicles that are parked on campus in accordance with RCW 9.41.050 provided the vehicle is locked and the weapon is concealed from view. In addition, the owner of the weapon must adhere to RCW 9.41.360 whereby a prohibited person(s) may not gain access to the weapon;

(d) Knives, tools, and other objects that are being used for a legitimate educational purpose as part of a college instructional program; or

(e) The president or designee may authorize permission of a weapon on campus upon a determination that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission.

(2) Firearms include, but are not limited to, what are commonly known as air guns or rifles, BB guns, and pellet guns, and any instrument used in the propulsion of shot, shell, bullets, or other harmful objects by:

(a) The action of gunpowder or other explosives;

(b) The action of compressed air; or

(3) The exhibition or display of a replica or a dangerous weapon also is prohibited under this subsection if done in a manner, and at a time or place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-132, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-135 Hazing.

Walla Walla Community College District 20 complies with RCW 28B.10.900 through 28B.10.903 and Sam's Law, the name of the new antihazing legislation adopted in Washington state. Sam's Law updates the definition of hazing and requires institutions of higher education to implement antihazing programs for their students and employees. It also requires institutions of higher education to publish an annual report identifying student organizations, athletic teams, and living groups found responsible for engaging in hazing.

The act defines hazing to include any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public institution of higher education in the state of Washington, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to the risk of such harm, regardless of the person's willingness to participate.

The college prohibits any hazing activities on or off the college premises. Refer to college administrative policies and procedures on antihazing for additional information on the antihazing penalties and education programs for students and employees. Refer to RCW 28B.10.900 through 28B.10.903 for additional information on definitions of hazing and penalties under Washington state law.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-135, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-138 Alcohol, drug, and tobacco violations.

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

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

(3) 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.

(4) Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, smoking devices, and related products on or in any college facility is prohibited. Related products include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, smokeless tobacco, vaporizers, and snuff.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-138, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-144 Discriminatory conduct.

Conduct which harms or adversely affects any member of the college community or visitor because of the 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 as defined by the college's policies or local, state, or federal laws and regulations.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-144, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-147 Sexual misconduct.

The term sexual misconduct includes sexual harassment, sexual intimidation, and sexual violence. For a description of prohibited sexual conduct under Title IX refer to WAC 132T-105-020.

(1) Sexual harassment. Sexual harassment outside of the Title IX definition or is a one-time offense is included in this chapter. For this chapter, the term sexual harassment means:

(a) Unwelcome conduct of a sexual nature that is sufficiently serious as to deny or limit, or that does deny or limit based on sex, the ability of a student to participate in or benefit from the college's educational or social programs;

(b) Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature or that creates an intimidating, hostile, or offensive environment for students, employees, or visitors; and/or

(2) Sexual intimidation. The term sexual intimidation outside of the Title IX definition means threatening or emotionally distressing conduct based on sex and including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.

(3) Sexual violence. Sexual violence outside of the Title IX definition is a type of sexual discrimination and sexual harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, intimate partner violence, and stalking are all types of sexual violence.

(a) Nonconsensual sexual intercourse outside of the Title IX definition is any sexual intercourse (anal, oral, or vaginal), however slight, that is without consent and/or by force by a person upon another person or with any object. 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 outside of the Title IX definition is any intentional sexual touching, however slight, by a person upon another person or with an object that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(c) Domestic violence outside of the Title IX definition includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under the domestic or family violence laws of the state of Washington, or anyone else protected under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

(d) Intimate partner violence outside of the Title IX definition is violence by a person who is or has been in a dating, romantic, or intimate relationship with the victim.

(e) Stalking outside of the Title IX definition is intentional and repeated harassment or following another person which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed even if the perpetrator lacks such intent.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-147, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-150 Harassment.

Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, or that does deny or limit, the ability of a student to participate in or benefit from the college's educational or social programs; that changes the terms or conditions of employment for a college employee; or that creates an intimidating, hostile, or offensive environment for students, employees, or visitors.

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. Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-150, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-153 Retaliation.

Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person or their property as reprisal 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. Retaliation may include adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-153, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-156 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:

(1) Unauthorized use of such resources or opening of a file, message, or other item;

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

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

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

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

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

(7) Use of such time or resources in violation of applicable copyright or other laws;

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

(9) Failure to comply with the college's electronic use policy.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-156, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-159 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.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-159, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-162 Safety violations.

Nonaccidental conduct that interferes with or compromises any college policy, equipment, or procedure relating to the safety and security of the campus community or visitors, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-162, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-165 Violation of other laws or policies.

Violation of any federal, state, or local law, rule, or regulation or college rules or policies, including college traffic and parking rules.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-165, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-168 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 program.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-168, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-200 Student conduct process.

As an agency of the state of Washington, the college's student conduct officer (SCO), student conduct board (SCB), conduct review officer (CRO), or president may be advised or represented by an assistant attorney general in any student code of conduct proceeding.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-200, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-210 Violation of law and college discipline.

College disciplinary proceedings may be used to determine a student's responsibility for conduct that potentially violates criminal law and this student code of conduct (that is, if both alleged violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this student code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Determinations made or sanctions imposed under this student code of conduct will not be subject to change because criminal charges arising out of the same facts that gave rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. In addition to initiating discipline proceedings for violation of the student code of conduct, 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.

(1) Initiation of disciplinary action. A request for disciplinary action for violation(s) of the student code of conduct must be made to the student conduct officer (SCO) as soon as possible following the violation. Conduct proceedings may be initiated when the SCO receives any direct or indirect report of conduct that may violate this code, which includes, but is not limited to, a police report, an incident report, a witness statement, other documentation, or a verbal or written report from a complainant, witness, or other third party.

(a) The college may initiate disciplinary action under the student code of conduct regardless of whether or not the incident in question is the subject of criminal or civil proceedings.

(b) Any member of the college's administration, faculty, staff, or any student or nonstudent may make a request for disciplinary action, and it must be a good faith claim.

(c) Formal rules of evidence, such as are applied in criminal or civil court, are not used in conduct proceedings. Relevant evidence, including hearsay, is admissible if it is the type of evidence that reasonable persons would rely upon in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.

(2) The student conduct officer (SCO), student conduct board (SCB), or college vice president of student services or designee will determine the admissibility of evidence and may seek clarification from witnesses as needed.

(a) If the complaint indicates that the matter involves sexual misconduct as defined by chapter 132T-105 WAC, the SCO will forward the complaint to the Title IX coordinator for review in accordance with chapter 132T-105 WAC.

(b) The SCO or designee will conduct an initial investigation of a complaint to determine whether it alleges conduct that may be prohibited by the student code of conduct. If it is determined through the initial investigation that the report has merit, the SCO will investigate to determine responsibility.

(c) Except in cases of sexual assault or sexual violence outside of the Title IX definition, the parties may elect to mediate the dispute, which shall be facilitated by the SCO or designee.

(d) If the SCO has a conflict of interest or is the subject of a complaint by the student, the president or designee shall, upon request and at their discretion, designate another person to fulfill any such disciplinary responsibilities relative to the request for disciplinary action.

(3) Notification requirements.

(a) If it is determined through the initial investigation that an alleged violation of the student code of conduct might have occurred and which is not eligible for referral to the Title IX coordinator, the SCO will provide the following written notification:

(i) That a report has been submitted alleging conduct which violates the student code of conduct and that a conduct investigation has been initiated to determine responsibility;

(ii) The specific sections of the student code of conduct which are alleged to have been violated;

(iii) That the student may either accept responsibility for the alleged violations or request a conduct meeting with the SCO to present evidence to refute the report;

(iv) That the student may provide evidence such as names and contact information of witnesses to aid in the conduct investigation;

(v) That lists the range of possible sanctions, including the actual sanctions which are issued based on the results of the investigation; and

(vi) That if the student fails to participate in any stage of the conduct proceedings or to request a conduct meeting within 14 calendar days from the date of the notice, the college may move forward with the conduct proceeding without their participation.

(b) If the student requests a conduct meeting within 14 calendar days of the notice, the student will be provided a written notice to appear for a conduct meeting. The notice to appear will be personally delivered, sent electronically to the student's college email address or sent by mail to the most recent address in the student's record on file with the college, not later than 14 calendar days after the request for a conduct meeting. The notice will not be ineffective if presented later due to the student's absence. Such notice will:

(i) Set forth the specific provisions of the student code of conduct and the specific acts which are alleged to be violations, as well as the date(s) of the violation(s), and a description of evidence, if any, of the violation.

(ii) Notify the student of the SCO's investigation and possible sanctions, if any.

(iii) Specify the time, date, and location where the student is required to meet with the SCO. The meeting will be scheduled no earlier than three business days, but within 30 calendar days of the date on the notice that was sent to the student to appear before the SCO. The SCO may modify the time, date, and location of the meeting, either at the student's or college's request, for reasonable cause.

(iv) Inform the student that failure to attend the conduct meeting will not stop the disciplinary process and may result in a transcript/registration hold being placed on the student's account and disciplinary action(s).

(v) Inform the student that they may be accompanied at the meeting by an advisor at their expense. The advisor cannot be a college employee or witness. If the student or their advisor is found to have tampered with witnesses or evidence, or destroyed evidence, the student will be held accountable in the conduct process for their acts and those of their advisor.

(vi) Inform the student that they may present evidence to support their assertions during the meeting.

(4) Student conduct meeting – Brief adjudicative process will follow WAC 132T-100-230.

(a) During the student conduct meeting, the student will be informed of the following:

(i) The specific acts and the provision(s) of this chapter and college policy that the student is alleged to have violated;

(ii) The disciplinary process;

(iii) The range of sanctions which might result from the disciplinary process and that the actual sanctions will depend on the findings of responsibility; and

(iv) The student's right to appeal.

(b) The student will have the opportunity to review and respond to the allegation(s) and evidence and provide the SCO with relevant information, evidence and/or witnesses to the alleged violation(s), and/or explain the circumstances surrounding the alleged violation(s).

(c) The advisor may assist the student during the conduct meeting; however, the student is responsible for presenting their own information and evidence. The advisor may only communicate with the student they are advising. Any disruptions or failure to follow the conduct process and/or directions of the SCO may result in the advisor being excused from the meeting.

(5) Decision by the SCO.

(a) After interviewing the student or students involved and/or other individuals as appropriate, and considering the evidence, the SCO may take any of the following actions:

(i) Determine that the student is not responsible for a violation of the student code of conduct and thereby terminate the student conduct process;

(ii) Determine that the student is responsible for a violation of the student code of conduct and impose disciplinary sanctions as provided herein; or

(iii) Determine that further inquiry is necessary and schedule another meeting for reasonable cause.

(b) Notification of the decision by the SCO will be issued pursuant to WAC 132T-100-070 within 30 calendar days of the final student conduct meeting. Due to federal privacy law, the college may not disclose to the complainant any sanctions imposed on the responding student unless the complainant was the alleged victim of a violent crime as defined under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99), this chapter, and the college's administrative policies and procedures, or the responding student consents to such disclosure. A copy of the decision notification will be filed with the office of the SCO.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-210, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-220 Appeal process.

The student may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer (CRO) within 10 business days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal, and the student conduct officer's decision shall be deemed final.

(1) The request for appeal must include a brief statement explaining the grounds for the appeal or why the student is seeking review. Disagreement with the finding and/or with the sanction(s) does not, by itself, represent grounds for appeal. Decisions may be appealed for one or more of the following:

(a) To determine whether there was a procedural error that substantially affected the outcome of the finding or sanctioning. Deviation from designated procedures is not a basis for sustaining an appeal unless significant prejudice results.

(b) To determine whether the sanction(s) imposed was appropriate and not excessively lenient or excessively severe for the violation of the student code of conduct for which the student was found responsible.

(c) To consider new information, sufficient to alter a decision, or other relevant facts not brought during fact finding, because such information and/or facts were not known, and the student bringing the appeal had no duty to discover or could not have reasonably discovered facts giving rise to the issues during investigation or fact-finding. The notice of appeal must include a brief statement explaining why the respondent is seeking review.

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

(3) A student who timely appeals a disciplinary action has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

(4) 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.

(5) Imposition of disciplinary action for violation of the student code of conduct shall be stayed pending appeal unless the respondent has been summarily suspended.

(6) The student conduct board shall hear appeals from:

(a) The imposition of disciplinary suspension in excess of 10 business days;

(b) Dismissal;

(d) Loss of recognition of a student organization.

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

(a) Suspensions of 10 business days or less;

(b) Disciplinary probation;

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

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

(9) Disciplinary decisions of the student conduct officer (SCO) may be appealed for review by the conduct review officer (CRO) using the brief adjudicative process. Disciplinary decisions of the CRO may be appealed for review by the college president using the brief adjudicative process.

(10) Appeals of disciplinary decisions of the SCO pursuant to sexual misconduct that is outside of the Title IX definition will be referred to the student conduct board (SCB) for a full adjudicative process in accordance with WAC 132T-100-240. The sanctions considered for appeal are:

(a) Suspension for more than 10 business days;

(b) Expulsion;

(d) Loss of recognition of a student organization.

(11) Disciplinary decisions by the SCB may be appealed for review by the college president using the brief adjudicative process.

(12) The college president's decision(s) is final.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-220, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-230 Brief adjudicative process.

(1) The brief adjudicative process is conducted in accordance with RCW 34.05.482 through 34.05.494.

(2) The student conduct officer (SCO) and conduct review officer (CRO) will use the brief adjudicative process to make decisions of findings of responsibility as provided in this code of conduct.

(3) The president will use the brief adjudicative process to review appeals of all disciplinary decisions made by the student conduct board (SCB).

(4) Within 21 calendar days of filing the appeal, the CRO or president, as applicable, shall review the record of the preceding conduct decision and all relevant information provided by the parties. Based on a preponderance of the evidence, the CRO or president shall decide to affirm, reverse, or modify the findings and/or sanctions. The CRO and president shall have the discretion to seek clarification from witnesses as needed.

(5) Notification of the decision will be issued pursuant to WAC 132T-100-070.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-230, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-240 Full adjudicative process.

The student conduct board (SCB) will use the following full adjudicative process to determine responsibility for serious violations which include sanctions of suspension for more than 10 business days, expulsion, withholding or revocation of a degree or certificate, or loss of recognition of a student organization.

(1) The parties will be sent written notification of the SCB adjudication proceedings within 90 calendar days from the date of the filing of the appeal. The notification will contain the following:

(a) The time, date, and location of the hearing, which shall not be less than seven business days from the date of the notice of the hearing;

(b) The specific acts alleged and the provision(s) of college policy which those acts violated;

(d) The name and contact information for the SCB and their advisor, if any, representing the college. The notice will include the official title, work mailing address, work telephone number of each member of the student conduct board, the complainant's advisor, and the respondent's advisor; and

(e) A statement that if a party fails to attend or participate in a hearing or other stage of this adjudicative proceeding, they may be held in default in accordance with chapter 34.05 RCW and/or the college may continue the student conduct process, including the hearing, despite the party's absence.

(2) The respondent and complainant have the right to be assisted by one advisor of their choice and at their own expense. The advisor must be someone who is not employed by the college. If the respondent chooses to have an attorney serve as their advisor, the student must provide notice to the SCB no less than five business days prior to the hearing.

(a) The SCB hearing may not be delayed due to the scheduling conflicts of an advisor and such requests will be subject to the discretion of the SCB chair.

(b) If the student or their advisor is found to have tampered with witnesses or evidence, or destroyed evidence, the student will be held accountable in the conduct process for their acts and those of their advisor.

(c) The respondent and/or complainant are responsible for presenting their own information, and therefore, during the hearing, advisors are not permitted to address the SCB, witnesses, the SCO, or any party or advisor invited by the parties to the hearing.

(d) An advisor may communicate with their advisee and recesses may be allowed for this purpose at the discretion of the SCB chair. The advisor may not disrupt or interfere with any aspect of the proceeding. The SCB chair shall have the right to impose reasonable conditions upon the participation of the advisor.

(3) The SCB and the parties will be provided reasonable access to the documentation and evidence which will be reviewed by the SCB, as well as the case file that will be retained by the SCO in accordance with applicable privacy laws.

(4) Any SCB member who has a personal relationship with either party or any personal or other interest which would prevent a fair and impartial review and decision will be recused from the proceedings. A party may make a written request to the SCB chair for the recusal of a SCB member no less than five business days prior to the hearing. The request must be for good cause, which must be shown by the party making the request. The SCB chair will consider the request and notify the student of their decision regarding the recusal prior to the hearing. If the SCB chair grants the recusal, a replacement for the recused SCB member will be made without unreasonable delay.

(5) The parties involved in the hearing will be required to submit their witness list and any evidence to be discussed at the hearing to the SCB chair no less than five business days prior to the hearing.

(a) Each party is allowed a maximum of three character witnesses to appear on their behalf.

(b) The parties must submit a witness list which contains a written statement from each witness that includes a brief description of the relevant information the witness will provide during the hearing.

(6) Discovery in the form of depositions, interrogatories, and medical examinations of parties are not permitted in student conduct adjudications. Other forms of discovery which ensure the prompt and thorough completion of the adjudication process may be permitted at the discretion of the SCB chair.

(7) Hearings will be closed to the public except if consented to by all parties and at the discretion of the SCB chair. Witnesses may be allowed in the hearing room only during the time in which they provide their statements to the SCB. The complainant and respondent, depending on their preference and subject to orders of a court of law, such as protection orders, may be present for and observe the entire hearing. At the discretion of the SCB chair, and where the rights of the parties will not be prejudiced, all or part of the hearing may be conducted by telephone, video conference, or other electronic means. Each party shall have the opportunity to hear and, if technically and economically feasible, to see the entire hearing while it is taking place. At all times, however, all parties, their advisors, the witnesses, and the public will be excluded during the deliberations of the student conduct board (SCB).

(8) The SCB chair will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the respondent and complainant, who disrupts a hearing or who fails to follow the directions of the SCB chair, may be excluded from the proceedings and may be subject to disciplinary action.

(9) Questions posed by any party to be answered by each other or by witnesses must be appropriate and respectful. The SCB chair may require any participant of the hearing to provide all questions in writing to the SCB chair. The SCB chair, if appropriate and at their sole discretion, will read the question to the individual to whom it is directed. Any question which the SCB chair has chosen not to read will be documented on record and kept within the case file. The SCB chair will decide matters related to the order of the proceedings.

(10) In order that a complete record of the proceeding can be made to include all evidence presented, hearings will be recorded or transcribed, except for the deliberations of the SCB. The record will be the property of the college.

(11) After weighing and considering the evidence, the SCB will decide by majority vote whether the respondent is responsible or not responsible for a violation of the student code of conduct. If there is a finding of responsibility for a violation, the SCB shall impose sanctions as set forth herein.

(12) The SCB's decision is made based on a preponderance of the evidence standard of proof, that is, whether it is more likely than not that the respondent violated the student code of conduct.

(13) The notice of decision of the SCB will be issued pursuant to WAC 132T-100-070. A copy of the SCB's decision will also be filed with the office of the SCO.

(14) Disciplinary action taken by the SCB is final unless the student exercises their right of appeal to the college president as provided herein.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-240, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-290 Disciplinary sanctions and terms and conditions.

The following disciplinary sanctions may be imposed upon students found to have violated the student code of conduct. If the respondent is found responsible for any violation, the student's past disciplinary record may be considered in determining an appropriate sanction.

(1) Sanctions.

(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 of the same or similar behavior may result in more severe disciplinary action.

(c) Loss of privileges. Denial of specified privileges for a designated period of time. Services and approval to be withdrawn may include, but are not limited to, intramural sports, information technology services, library and/or tutoring services, club activities, student leadership roles, college facility use and rental, and involvement in organizational activities.

(d) Loss of recognition. A student organization's recognition may be withheld permanently or for a specific period of time. Loss of recognition is defined as withholding college services or administrative approval from a student organization. Services and approval to be withdrawn may include, but are not limited to, funding, information technology services, college facility use, and involvement in organizational activities.

(e) 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. Written notice of disciplinary probation will specify the period of probation and any condition(s) upon which their continued enrollment is contingent.

(i) Such conditions may include, but not be limited to, adherence to terms of a behavior contract or limiting the student's participation in extracurricular activities or access to specific areas of the college's facilities.

(ii) Disciplinary probation may be for a specified term or for a period which may extend to graduation or award of a degree or certificate or other termination of the student's enrollment in the college.

(f) Removal from class. Behavior which has been disruptive to a class to the extent that the continued presence of the student in that class will impair, interrupt, or interfere with the instructor's ability to deliver instruction or other students' abilities to obtain instruction, will result in a withdrawal from that class without a refund or grade penalty.

(g) Disciplinary suspension. Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may apply. Students who are suspended may be denied access to all or any part of the campus or other facilities for the duration of the period of suspension. There will be no refund of tuition or fees for the quarter in which the action is taken.

(h) Expulsion. Permanent separation of the student from the college. Students who are expelled may be permanently denied access to all or any part of the campus or other facilities. 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.

(i) 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 forms of intercollegiate competition or representation.

(j) Revocation of admission and/or degree or certificate. Admission to the college or a degree or certificate awarded from the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining admission or the degree or certificate, or for other serious violations committed by a student prior to the award of a degree or certificate.

(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. A student may be required to make restitution for damage, loss, injury, or reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of appropriate service and/or monetary or material replacement. Failure to make restitution within 30 calendar days or any period set by the SCO, CRO, SCB, or president will result in an administrative hold being placed on the student's registration, which will prevent future enrollment until the restitution is complete.

(b) Discretionary conditions. Work assignments, essays, service to the college, or other related discretionary assignments.

(c) 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 a future evaluation recommends that the student can reenter the college and comply with the rules of conduct.

(d) No contact order. An order that prohibits direct or indirect physical, verbal, written, and/or any other form of communication or contact with an individual or group. Direct and indirect contact includes, but is not limited to, phone calls, texting, letters, going within sight of places of work or residence, email, social media, and modes of transportation.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-290, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-292 Failure to comply.

A student who fails to complete a sanction within the specified time frame may be charged with the student code of conduct violation named failure to comply. It is the student's responsibility to notify the student conduct officer if there are mitigating circumstances that prevent the student from completing the sanction(s) by a specified time frame. The student conduct officer (SCO) may extend the deadline time, at the SCO's discretion. It is the student's responsibility to complete all sanctions within the specified time frame to avoid a hold and/or a charge of failure to comply.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-292, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-295 Disciplinary holds.

A disciplinary hold will be placed on the records and registration of any student who:

(1) Fails to respond to a disciplinary notice by a judicial body. Any pending disciplinary matters must be resolved prior to reregistration or a student's graduation. No student will be allowed to register, graduate, obtain transcripts, or receive financial aid until the pending disciplinary case is completed;

(2) Is under an interim suspension from the college. The disciplinary hold will not be removed until the pending disciplinary case is completed;

(3) Is under suspension from the college. The disciplinary hold will not be removed until the student's suspension status has expired and/or the requirements as set forth by the judicial/appellate body for readmission have been successfully met; or

(4) Is under expulsion from the college. The disciplinary hold will only be removed, upon written request, for a student to obtain their transcript.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-295, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-300 Interim measures.

(1) Interim measures may be taken pending an investigation or adjudication if there is cause to believe that a student or student organization poses an imminent risk of harm to anyone in the college community; to property; or if the misconduct is so severe, persistent, or pervasive as to substantially disrupt or materially interfere with the college's operations and/or activities or with an individual's education/work activities. Interim measures may include counseling, extensions of time or other course related adjustments, modifications of class schedules, campus escort services, restrictions on contact between the parties, increased security and monitoring of certain areas of campus, restrictions on access to college-owned or operated property and/or events (notice of trespass), including classes, activities, and privileges, or any similar measures while the conduct process is pending.

(2) The student must adhere to the conditions of the interim restriction. If an interim restriction includes campus wide restricted access, the SCO may provide written permission for the student to enter campus for specific purposes such as meeting with the SCO or designee, faculty, staff, witnesses to prepare for an appeal, or to participate in the student conduct process.

(3) Notice of interim measure. The student will be provided written notice of the interim measure(s), stating:

(a) The time, date, place, and nature of the circumstances which created the need for interim measures.

(b) A description of any relevant evidence.

(d) The possible sanctions that could result from violation of the interim measure including arrest for criminal trespass if the student has been trespassed from campus.

(e) The student's right to either accept the interim measure or submit a written appeal of the interim measure within three business days to the conduct review officer (CRO). An appeal is waived if not submitted within the prescribed time. If the student appeals within the time frame, the interim measure shall remain in place during the appeal process. The CRO will provide written notification to the student of the decision to either maintain or discontinue the interim measure within five business days of receipt of the appeal.

(f) If the student has been trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter or remain on college premises has been withdrawn, that they shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the SCO as arranged by an appointment, or to attend a disciplinary hearing. The interim measure shall not replace the regular discipline process which shall proceed as quickly as feasible considering the interim restriction.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-300, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-350 Summary suspension.

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. The conduct review officer may impose a summary suspension if there is probable cause to believe that the respondent has violated any provision of the student code of conduct; presents an immediate danger to the health, safety, or welfare of members of the college community; or poses an ongoing threat of substantial disruption of, or interference with, the operations of the college.

(1) Notice. Any respondent who has been summarily suspended shall be served by the conduct review officer 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. The written notification shall be entitled notice of summary suspension and shall include 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 code of conduct or the law allegedly violated; the date, time, and location when the respondent must appear before the conduct review officer for a hearing on the summary suspension; and 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 warning the respondent that their privilege to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer, conduct review officer, or to attend a disciplinary hearing.

(2) Hearing. The conduct review officer (CRO) shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension. During the summary suspension hearing, the issue before the conduct review officer is whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceedings and/or whether the summary suspension should be less restrictive in scope. The respondent shall be afforded an opportunity to explain why summary suspension should not be continued while disciplinary proceedings are pending or why the summary suspension should be less restrictive in scope. If the respondent fails to appear at the designated hearing time, the CRO may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings. As soon as practicable following the hearing, the CRO 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. To the extent permissible under applicable law, the CRO shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

(3) Sexual misconduct. In cases involving allegations of sexual misconduct outside of the Title IX definition, the complainant shall be notified by the conduct review officer that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-350, filed 8/29/22, effective 9/29/22.

Wash. Admin. Code § 132T-100-400 Records of disciplinary action.

(1) Records of all disciplinary actions will become part of the student's disciplinary record and kept by the office of the SCO. Disciplinary records are education records as defined by the Family Educational Rights and Privacy Act (FERPA) and shall be maintained and disclosed consistent with federal, state, and local laws; chapter 132T-90 WAC; college administrative policies, and the college's educational records retention policies.

(a) All documentation of the student conduct proceedings will be preserved for at least seven years.

(b) In disciplinary actions where no violation(s) of the student code of conduct was found, only a record of the finding of no violation shall be maintained in the student's file or other college repository until:

(i) After the date of the student's graduation or award of a degree or certificate; or

(ii) For one calendar year, whichever is shorter.

(2) The office of the SCO will keep accurate records of all disciplinary actions taken by that office. Such records will be placed in the student's disciplinary records. A student has a disciplinary record only after notification of a decision is made, and the student is found responsible for a violation of the student code of conduct. A case that is currently under investigation or is classified as documentation only is not a disciplinary record.

(3) The Family Educational Rights and Privacy Act provides that an educational institution may notify a student's parent or legal guardian if the student is under the age of 21 and has violated a federal, state, or local law involving the use or possession of alcohol or a controlled substance.

History

Statutory Authority: RCW 34.05.250 and 28B.50.140. WSR 22-18-029, § 132T-100-400, filed 8/29/22, effective 9/29/22.

Chapter 132T-105 Supplemental Title IX student conduct rules.

Wash. Admin. Code § 132T-105-010 Order of precedence.

This supplemental chapter 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 Walla Walla Community College District 20's standard disciplinary procedures, WAC 132T-100-200 through 132T-100-350, the supplemental procedures in this chapter shall take precedence. Walla Walla Community College District 20 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
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-010, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-015 Student conduct committee.

The student conduct committee is a three-member panel designated by the college to preside over cases involving Title IX allegations. The student conduct committee will serve as a standing committee until a final decision is made regarding the student conduct matter for which it was convened. Any student conduct committee member who has a personal relationship with either party or any personal or other interest which could prevent a fair and impartial review and decision, will be recused from the proceedings.

(1) One member, acting as the chair, will preside at the disciplinary hearing and will provide administrative oversight throughout the hearing process.

(2) Any three members constitute a quorum of the student conduct committee and may act accordingly. The college may retain an advisor to the student conduct committee, including an assistant attorney general.

(3) The student conduct officer will convene the members of the student conduct committee when necessary to adjudicate Title IX conduct decisions.

(4) All student conduct committee members will receive annual training in investigating and adjudicating student conduct matters in a manner that protects the safety and due process rights of the parties.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-015, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-020 Prohibited conduct under Title IX.

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

For purposes of this supplemental chapter, sexual harassment encompasses the following conduct:

(1) Quid pro quo harassment. A college employee conditioning the provision of an aid, benefit, or service of Walla Walla Community College District 20 on an individual's participation in unwelcome sexual conduct.

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

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

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

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

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

(d) 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.

(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
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-020, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-030 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

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

(3) Proceedings under this supplemental chapter must be dismissed if the Title IX coordinator determines that one or all of the requirements under subsection (1) of this section have not been met. Dismissal under this supplemental chapter does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student code of conduct, chapter 132T-100 WAC.

(4) If the Title IX coordinator 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
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-030, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-040 Initiation of discipline.

(1) Upon receiving the Title IX investigation report from a Title IX investigator, the Title IX coordinator 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 Title IX coordinator determines that there are sufficient grounds to proceed under the supplemental procedures of this chapter, 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 the Title IX jurisdiction;

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

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

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

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-040, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-050 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 10-08-040. In no event will the hearing date be set less than 10 business 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 business days before the hearing, the attorney files a notice of appearance with the student conduct 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
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-050, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-060 Rights of parties.

(1) The college's student code of conduct, chapter 132T-100 WAC, and this supplemental chapter 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. These 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
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-060, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-070 Evidence.

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

(1) Relevance. The student conduct 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 student conduct committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-070, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-080 Initial order.

(1) In addition to complying with WAC 132T-100-070 and 132T-100-210, 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;

(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 student conduct committee's determination of responsibility for each allegation;

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-080, filed 8/30/22, effective 9/30/22.

Wash. Admin. Code § 132T-105-090 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 132T-100-070 and 132T-100-220.

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

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

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 22-18-052, § 132T-105-090, filed 8/30/22, effective 9/30/22.

Chapter 132T-113 Legislative liaison.

Wash. Admin. Code § 132T-113-010 Designation of legislative liasions.

In accordance with the implementation of Initiative 276, passed by the voters of the state of Washington on November 7, 1972, and effective January 1, 1973, those persons holding the following positions within Community College District No. 20 are designated legislative liaisons for Community College District No. 20:

(1) Members of the board of trustees;

(2) College president; and

(3) All those persons designated in writing by the president of Community College District No. 20, which writing shall be made available among the records maintained by the office of the president of Community College District No. 20.

History

Order 73-8, § 132T-113-010, filed 3/23/73.

Wash. Admin. Code § 132T-113-020 Responsibility.

Such persons designated in WAC 132T-113-010 shall be responsible for making available through official channels requests for legislation or seeking such appropriations as the college may deem necessary for the official conduct of its business.

History

Order 73-8, § 132T-113-020, filed 3/23/73.

Chapter 132T-116 Parking and traffic rules.

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

Walla Walla Community College District No. 20 hereby establishes these regulations to govern pedestrian and vehicular traffic and parking upon state lands devoted mainly to the educational activities of Walla Walla Community College.

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-010, filed 10/2/79.

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

The objectives of these traffic regulations are:

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

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

(3) To minimize traffic disturbances during class hours,

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

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-015, filed 10/2/79.

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

The traffic regulations which are applicable upon state lands devoted mainly to the educational activities of the college are as follows:

(1) The motor vehicle and other traffic laws of the state of Washington shall be applicable upon all lands located within the state of Washington.

(2) The traffic code of Walla Walla County, Washington, shall be applicable upon all lands located within Walla Walla County, Washington.

(3) The traffic code of the city of Walla Walla, Washington, shall be applicable upon all lands located within the city of Walla Walla, Washington.

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

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-020, filed 10/2/79.

Wash. Admin. Code § 132T-116-025 Speed.

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

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-025, filed 10/2/79.

Wash. Admin. Code § 132T-116-030 Regulatory signs and directions.

Drivers of vehicles shall obey regulatory signs posted by the college. Drivers of vehicles shall also comply with directions given them by officers of the college in the control and regulation of traffic.

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-030, filed 10/2/79.

Wash. Admin. Code § 132T-116-035 Pedestrians' right of way.

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

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

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

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-035, filed 10/2/79.

Wash. Admin. Code § 132T-116-040 Impounding—Illegal parking—Disabled or inoperative or abandoned vehicles.

(1) Vehicles which have been disabled, inoperative or abandoned may be impounded and stored following 24 hours notice posted at a conspicuous place on the vehicle.

(2) Impoundment without notice: A vehicle may be impounded without notice to the owner or operator in the following circumstances:

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

(b) When in the judgment of the president of the college the vehicle poses an immediate threat to public safety; or

(3) Impounding may be implemented by mechanical restraints to vehicles or by towing to an approved impounding agency or to another designated area of the college's parking lot.

(4) Towing companies and/or impounding agencies will be selected on the basis of criteria developed by the college.

(5) Any vehicle impounded shall be at the owner's and/or the operator's risk and expense.

(6) Neither the college nor its employees shall be liable for loss or damage of any kind resulting from impounding and storage.

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-040, filed 10/2/79.

Wash. Admin. Code § 132T-116-045 Special traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional heavy traffic and during emergencies, the president of the college is authorized to impose additional traffic and parking regulations and restrictions for the achievement of the objectives in WAC 132T-116-015.

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-045, filed 10/2/79.

Wash. Admin. Code § 132T-116-050 Delegation of authority.

The authority and powers conferred upon the president by these regulations shall be subject to delegation by him to his subordinates.

History

Statutory Authority: Chapters 28B.10 and 28B.50 RCW. WSR 79-10-128 (Resolution No. 80-3), § 132T-116-050, filed 10/2/79.

Chapter 132T-175 Public records.

Wash. Admin. Code § 132T-175-010 Purpose.

The purpose of this chapter shall be to ensure compliance by the Community College District No. 20 with the provisions of chapter 42.56 RCW, the Public Records Act.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-010, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-010, filed 3/23/73.

Wash. Admin. Code § 132T-175-020 Definitions.

(1) Public records.

"Public record" indicates 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 any state or local agency regardless of physical form or characteristics. Only records that are required to be retained by the district are included in this definition. This definition does not include records held by volunteers who:

(a) Do not serve in an administrative capacity;

(b) Have not been appointed by the district to a district board, commission, or internship; and

(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, motion pictures, film and video recordings, diskettes, sound recordings, and other documents including existing compilations from which information may be obtained or translated. An email, text, social media posting and database are, therefore, also "writings."

(3) Bot request.

"Bot request" is a request for public records that the Community College District No. 20 reasonably believes was automatically generated by a computer program or script.

(4) Community College District No. 20.

Community College District No. 20 was established pursuant to the Community College Act of 1967. Community College District No. 20 shall be referred to as the "district." Where appropriate, the term Community College District No. 20 also refers to the staff and employees of the Community College District No. 20.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-020, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-020, filed 3/23/73.

Wash. Admin. Code § 132T-175-030 Description of central and field organization of Community College District No. 20.

The Community College District No. 20 is an institution of higher education organized under RCW 28B.50.040. The administrative offices of the district and its staff are located at 500 Tausick Way, Walla Walla, Washington, on the Walla Walla Community College campus. In addition to its campus in Walla Walla, the district operates a campus in Clarkston, Washington, at: 1470 Bridge Street, Clarkston, Washington. The district also provides educational programs and services to offenders at the Washington state penitentiary in Walla Walla, Washington and Coyote Ridge Corrections Center in Connell, Washington.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-030, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-030, filed 3/23/73.

Wash. Admin. Code § 132T-175-040 Operations and procedures.

Community College District No. 20 is governed by a board of trustees. The board of trustees consists of five individuals appointed by the governor to a term of five years as provided in RCW 28B.50.100. The board usually meets once a month in regular session on a date and at a time and place specified by public notice, and at special meetings announced by public notice. On occasion, the board may not meet in a particular calendar month. At such time, the trustees exercise the power and duties granted to the board by RCW 28B.50.140. The day-to-day operation and administration of the district, pursuant to policy established and approved by the board of trustees, is implemented through the office of the district president or designee.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-040, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-040, filed 3/23/73.

Wash. Admin. Code § 132T-175-050 Public records available.

All public records of the district, as defined in WAC 132T-175-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided in RCW 42.56.210 or other statutes and chapter 132T-175 WAC.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-050, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-050, filed 3/23/73.

Wash. Admin. Code § 132T-175-060 Public records officer.

(1) The district's public records shall be in the charge of the public records officer designated by the district president. The public records officer shall be responsible for: Implementation of the district's rules and regulations regarding release of public records, coordinating the staff of the district in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW.

(2) Any person wishing to request access to public records of the district, or seeking assistance in making such a request, should contact the public records officer:

Public Records Officer

Walla Walla Community College

500 Tausick Way

Walla Walla, WA 99362

phone: 509-522-2500

email: publicrecords@WWCC.edu

Information is also available at the district's website at www.wwcc.edu.

(3) The public records officer will oversee compliance with the Public Records Act, but another district staff member may process requests. Therefore, throughout this chapter, references to the public records officer shall mean the public records officer or his/her designee.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-060, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-060, filed 3/23/73.

Wash. Admin. Code § 132T-175-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For the purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays and days of closure established by the college calendar or by order of the district president.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-070, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-070, filed 3/23/73.

Wash. Admin. Code § 132T-175-080 Requests for public records.

(1) Any person wishing to inspect or receive copies of public records of the district should make the request in person during the district's customary office hours, or in writing on the district's public records request form, or by letter, or by email addressed to the public records officer. While no official format is required for making a records request, the district recommends that the requestor submit requests using the district provided request form. The request form is available at the office of the public records officer and online at www.wwcc.edu. Regardless of format, the request must include the following information:

(a) The name of the person requesting the record;

(b) Address of the requestor;

(d) Identification of the public records adequate for the public records officer to locate the records; and

(e) The calendar date and time of day on which the request was made.

(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 to assist the member of the public in appropriately identifying the public record requested.

(3) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or to make a deposit. Charges for copies are provided in a fee schedule available at Walla Walla Community College and at www.wwcc.edu.

(4) The public records officer may accept requests for public records that contain the information in subsection (1) of this section by telephone. If the public records officer accepts such a request, he/she will confirm receipt of the information and the substance of the request in writing.

(5) Upon receipt of a request, the district will assign it a tracking number and log it in.

(6) The public records officer will evaluate the request according to the nature of the request, volume, and availability of requested records.

(7) Acknowledging receipt of request. Following the initial evaluation of the request, and within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection or copying including:

(i) If copies are available on the district's internet website, provide an internet address and link to the website to specific records requested;

(ii) If copies are requested and payment of a deposit for the copies, if any, is made or other terms of payment are agreed upon, send the copies to the requestor.

(b) Acknowledge receipt of the request and provide a reasonable estimate of when records or an installment of records will be available (the public records officer may revise the estimate of when records will be available); or

(c) Acknowledge receipt of the request and ask the requestor to provide clarification for a request that is unclear, and provide, to the greatest extent possible, a reasonable estimate of time the district will require to respond to the request if it is not clarified.

(i) Such clarification may be requested and provided by telephone and memorialized in writing;

(ii) If the requestor fails to respond to a request for clarification and the entire request is unclear, the district need not respond to it. The district will respond to those portions of a request that are clear.

(d) Deny the request.

(8) Consequences of failure to respond. If the district does not respond in writing within five business days of receipt of the request for disclosure, the requestor should contact the public records officer to determine the reason for failure to respond.

(9) Protecting the rights of others. In the event that the requested records contain information that may affect the rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(10) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the district believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief written explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(11) Inspection of records.

(a) Consistent with other demands, the district shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the district to copy.

(b) The requestor must claim or review the assembled records within thirty days of the district's notification that the records are available for inspection or copying. The district will notify the requestor in writing of this requirement and inform the requestor to contact the district to make arrangements to review or claim the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period, or make other arrangements, the district may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(12) Providing copies of records. After inspection is complete, the public records officer will make the requested copies or arrange for copying. If the district charges for copies, the requestor must pay for the copies.

(13) Providing records in installments. When the request is for a large number of records, the public records officer will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer may stop searching for the remaining records and close the request.

(14) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer will indicate that the district has completed a reasonable search for the requested records and made any located nonexempt records available for inspection.

(15) Closing withdrawn or abandoned request. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill his or her obligations to inspect the records, pay the deposit, pay the required fees for an installment, or make final payment for requested copies, the public records officer will close the request. Unless the district has already indicated in previous correspondence that the request would be closed under the above circumstances, the district will notify the requestor that it has closed the request.

(16) Later discovered documents. If, after the district has informed the requestor that it has provided all available records, the district becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

(17) Electronic records. The process for requesting electronic public records is the same as that for requesting paper public records. Costs for providing electronic records are governed by RCW 42.56.120 and 42.56.130 and included in the district fee schedule.

(18) Bot requests. The district may deny a bot request that is one of multiple requests from the requestor to the district within a twenty-four-hour period, if the district establishes that responding to the multiple requests would cause excessive interference with other essential functions of the district.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-080, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-080, filed 3/23/73.

Wash. Admin. Code § 132T-175-090 Costs of providing copies of public records.

(1) No fee will be charged for the inspection of public records.

(2) The district is not calculating actual costs for copying its records because to do so would be unduly burdensome for the following reasons:

(a) The district does not have the resources to conduct a study to determine actual copying costs for all of its records;

(b) To conduct such a study would interfere with other essential functions; and

(c) Through the legislative process, the public and requestors have commented on and have been informed of authorized fees and costs for providing photocopies or electronically produced copies of district public records, as authorized in RCW 42.56.120 and as published in the district's fee schedule.

(3) Fee schedule. The fee schedule is available at the Walla Walla Community College office of the public records officer and on the district website at www.wwcc.edu.

(a) The district may also use any other method authorized under RCW 42.56.120(4). The district may enter into an agreement with a requestor that provides an alternative fee arrangement to the charges authorized in this section, or in response to a voluminous or frequently occurring request.

(b) The district may waive charges assessed for records when the public records officer determines that collecting a fee is not cost-effective.

(c) The district will not impose copying charges for access to or downloading of records that the district routinely posts on its public internet website prior to receipt of a request unless the requestor has specifically requested that the district provide copies of records through other means.

(4) Processing payments. Before beginning to make copies, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all records selected by the requestor. The public records officer may also require the payment of the remainder of the copying costs before providing all records, or the payment of the costs of copying an installment before providing the installment. The district will not charge sales tax when making copies of public records.

(5) Costs of mailing. The district may also charge actual costs of mailing, including the cost of the shipping container.

(6) Payment. Payment may be made by exact cash, check, credit card, debit card, or money order to Walla Walla Community College.

(7) The district will close a request when a requestor fails to make payment by the payment due date in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-090, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-090, filed 3/23/73.

Wash. Admin. Code § 132T-175-100 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. The district reserves the right to determine that a public record, or any portion thereof, requested in accordance with WAC 132T-175-080 is exempt under the Public Records Act.

(2) Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the district for inspection and copying. This is not an exhaustive list as numerous exemptions exist due to an academic setting. The district's failure to list an exemption here shall not affect the efficacy of any exemption.

(a) RCW 5.60.060 Who is disqualified—Privileged communications.

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

(d) 45 C.F.R. 16-0164 HIPAA privacy rule.

(e) Chapter 10.97 RCW, regarding criminal history information.

(3) The district is prohibited by RCW 42.56.070 from disclosing lists of individuals for commercial purposes.

(4) 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.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-100, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-100, filed 3/23/73.

Wash. Admin. Code § 132T-175-110 Review of denials of public records requests.

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

(2) Immediately after receiving a written request for review of a decision denying access to a public record, the public records officer shall refer the written request and any other relevant information to the district president or designee. The president or designee shall immediately consider the matter and either affirm or reverse such denial within two business days following receipt of the written request for review or within such other time frame as the district and the requestor mutually agree to.

(3) Pursuant to RCW 42.56.530, if the district denies a requestor access to public records because it claims the record in whole or in part is exempt, the requestor may make a request to the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

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

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-110, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-110, filed 3/23/73.

Wash. Admin. Code § 132T-175-120 Protection of public records.

(1) It is the policy of the district, in order to protect public records from damage or disorganization and to prevent excessive interference with other essential functions of the district, that original copies of records are not to be taken from the district designated area of custody or storage. Any inspection or copying of records subject to this chapter is to occur at places designated by the public records officer. The fullest assistance to inquiries and timely action on requests for information, consistent with protection of the public records, is to be supplied.

(2) A variety of records are available on the district website at www.wwcc.edu. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-120, filed 4/9/19, effective 5/10/19
Order 75-3, § 132T-175-120, filed 2/27/75
Order 73-7, § 132T-175-120, filed 3/23/73.

Wash. Admin. Code § 132T-175-130 Records index.

(1) Index.

The district will make available an index which provides identifying information as to records maintained in accordance with its records retention schedule. These include, but are not limited to, the following:

(a) Board of trustees minutes and reports;

(b) Financial records and budgets;

(d) Strategic plan;

(e) Facility master plans;

(f) Policies and procedures;

(g) Accreditation reports, self-studies, and related correspondence;

(h) Integrated post-secondary education data system (IPEDS) data;

(i) Cost of attendance; and

(j) Clery Act compliance.

(2) Availability.

The index and related records retention schedule will be available under the same rules as applied to public records.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-130, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-130, filed 3/23/73.

Wash. Admin. Code § 132T-175-150 Adoption of form.

The district shall adopt a form for use by persons requesting inspection and/or copying or copies of its records.

History

Statutory Authority: RCW 28B.50.14 [28B.50.140] and chapter 42.56 RCW. WSR 19-09-021, § 132T-175-150, filed 4/9/19, effective 5/10/19
Order 73-7, § 132T-175-150, filed 3/23/73.

Chapter 132T-180 College Professional Negotiations Act.

Wash. Admin. Code § 132T-180-010 Purpose.

The following rules and regulations are hereby adopted by the board of trustees of Walla Walla Community College pursuant to RCW 28B.52.080 which directs the board of trustees to adopt reasonable rules and regulations for the administration of employer-employee relations under chapter 28B.52 RCW as now existing or hereafter amended.

History

Order 73-14, § 132T-180-010, filed 8/30/73.

Wash. Admin. Code § 132T-180-020 Definitions.

(1) "Academic employee" means any teacher, counselor, librarian, or department head, who is employed by any community college district, with the exception of the chief administrative officer of, and any administrator in, each community college district. Negotiated policies shall apply to all such employees and they shall be represented in negotiations with the board by the Walla Walla Community College education association or any authorized organization duly elected as provided for in RCW 28B.52.030. Nothing in this chapter however shall prohibit any academic employee from appearing in his own behalf on matters relating to his employment relations with the community college district.

(2) "Administrator" means any person employed either full or part time by the community college district and who performs administrative functions as at least fifty percent or more of his assignments, and has responsibilities to hire, dismiss, or discipline other employees. Policies negotiated by Walla Walla Community College education association or any authorized organization duly elected to represent academic employees, as provided for in RCW 28B.52.030, shall not apply to any such personnel and they shall not be represented in negotiations with the board of Walla Walla Community College education association or any authorized organization duly elected to represent academic employees as provided for in RCW 28B.52.030 unless they elect to join the association and the association elects to represent said administrators.

History

Order 73-14, § 132T-180-020, filed 8/30/73.

Wash. Admin. Code § 132T-180-030 Communications with employees' representatives.

The board of trustees of Community College District No. 20 recognizes that it is necessary to communicate effectively with its academic employees in the course of exercising its authority, duties and responsibilities imposed by law. Now, therefore, it is the intent of District No. 20 to comply with chapter 28B.52 RCW as now existing or hereafter amended, and meet, confer, and negotiate pursuant to these rules at the request of Walla Walla Community College education association (hereafter called the organization) prior to the adoption of policies proposed by the college relating, but not limited to curriculum, textbook selection, inservice training, student teaching programs, personnel, hiring and assignment practices, leaves of absence, salaries and salary schedules and noninstructional duties. Following such negotiations as are initiated by the organization on proposed policies the board may adopt appropriate policies thereon as provided for in WAC 132T-180-060.

History

Order 73-14, § 132T-180-030, filed 8/30/73.

Wash. Admin. Code § 132T-180-040 Operating procedures.

Procedures for the conduct of negotiations meetings, the exchange of proposals and related data, and all other matters concerning the negotiating process shall be as determined mutually by the organization and the board negotiating teams unless otherwise provided for by Title 132T WAC as now existing or hereafter amended.

History

Order 73-14, § 132T-180-040, filed 8/30/73.

Wash. Admin. Code § 132T-180-050 Requests for information.

The chairman of the organization's negotiation team shall be furnished, upon written request, a copy of all regularly and routinely prepared information concerning the financial condition of the college district including annual financial statement and adopted budget. In addition, the district will grant written requests for any other reasonably available information of public record which may be relevant to negotiations. The organization shall grant written requests for any reasonably available information which may be relevant to negotiations. Nothing herein shall require either the district or organization to research or assemble information on behalf of the other and the cost of duplication of any materials shall be paid for by the association.

History

Order 73-14, § 132T-180-050, filed 8/30/73.

Wash. Admin. Code § 132T-180-060 Action taken.

The district hereby notifies the organization that it reserves the right to take action consistent with the exercise of its duties and responsibilities respecting the operation and maintenance of the district: Provided, That, the district shall, with the exception of emergencies, defer such action on proposed matters upon which the organization has a right to negotiate, but has not been afforded the opportunity to do so. With the exception of emergencies, in which case the time period will be shortened, seven calendar days prior to the final adoption of any rule, regulation or policy which is negotiable under RCW 28B.52.030, the district shall submit such proposed rule, regulation or policy to the organization. Such submission shall be deemed an invitation to negotiate the proposed rule, regulation or policy. Failure of the association to request negotiations on the proposed rule, regulation or policy, in writing to the district within twenty-four hours from the time of receipt of the proposed rule, regulation or policy, shall be deemed a waiver of such right to negotiate.

History

Order 73-14, § 132T-180-060, filed 8/30/73.

Chapter 132T-190 Use of the college facilities.

Wash. Admin. Code § 132T-190-010 Use of college facilities.

Walla Walla Community College District 20 provides continued educational opportunities that are related directly to its educational mission or are justifiable on the basis of their contributions to the cultural, social, or economic development of its service district. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses that are of benefit to the general public, provided said uses do not interfere with the educational mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-010, filed 9/1/22, effective 10/2/22
Order 78-6, § 132T-190-010, filed 10/24/77.

Wash. Admin. Code § 132T-190-020 Limitations on the use of college facilities for school activities.

The college buildings, properties, grounds, athletic fields, parking lots, and facilities, including those of the associated student body, may be used only for:

(1) The regularly established teaching, research, or public service activities of the college and its departments or related agencies.

(2) Cultural, educational, or recreational activities of the students, faculty, staff, or contracted partners.

(3) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the official sponsorship of the college, its departments, associated student body, or contracted partners.

(4) Public events of a cultural or professional nature brought to the campus at the request of college departments or committees, official sponsorship, and active participation.

(5) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies, civic groups, or community organizations whose activities are of widespread public service and of a character appropriate to the college.

(6) College facilities may be assigned to college recognized student organizations for regular business meetings, social functions, and for programs open to the public. Any college recognized student organization may invite speakers from outside the college community to speak on campus, subject to the availability of facilities and in compliance with administrative policies and procedures on the use of college facilities and expressive speech. The appearance of an invited speaker on campus does not represent an endorsement by the college, its students, employees, or board of trustees, implicitly or explicitly, of the speaker's views.

(7) Reasonable conditions may be imposed to regulate the appropriateness of requests, of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, individuals or groups within the college community may request use of college facilities. Arrangements by both organizations and individuals must be made through the designated administrative officer per the college's administrative policies and procedures.

(8) The college may restrict an individual's or group's use of college facilities if that person or group has, in the past, damaged or destroyed college facilities. Charges may be imposed for any damage or theft during the use of the facilities. The individual, group, or organization requesting space will be required to state in advance the general purpose of any meeting.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-020, filed 9/1/22, effective 10/2/22
Order 78-6, § 132T-190-020, filed 10/24/77.

Wash. Admin. Code § 132T-190-025 Statement of intentions.

The college neither intends nor desires to compete with any local agency or private enterprise in making its facilities available to the community. Privately operated facilities exist which are well qualified to best meet many community needs. The college encourages the community to patronize local businesses or agencies. With this approach, the college will work cooperatively with local private enterprise to the mutual benefit of all concerned.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-025, filed 9/1/22, effective 10/2/22.

Wash. Admin. Code § 132T-190-030 Restrictions on the use of college facilities.

(1) Primary consideration shall always be given to activities specifically related to the college's mission. No arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, research, or public service programs.

(2) College facilities shall not be rented to or used by private or commercial organizations or associations, nor shall the facilities be rented to persons or organizations conducting programs for private gain unless their use aligns with the college mission.

(3) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except in cases of sponsored public forums.

(4) Religious groups shall not use college facilities as a permanent meeting place. Use may be intermittent only.

(5) These rules shall apply to students, employees, recognized student groups, contracted partners, and visitors using college facilities.

(6) Materials may be distributed only in designated areas on the campus where, and at times when, such distribution shall not interfere with the orderly administration of the college's affairs or the free flow of traffic. Any distribution of materials as authorized by the designated administrative officer shall not be construed as support or approval of the content by the college community or board of trustees. Persons and organizations not connected with the college may not distribute handbills or similar materials. The use of posters or any other materials that could leave permanent physical markings or damage facilities must be preapproved by the designated administrative officer and in compliance with the college's administrative policies and procedures.

(7) Exterior audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs as determined by the appropriate administrative officer. All sound amplification devices must be used at a volume that does not disrupt the normal use of classrooms, offices, laboratories, or any previously scheduled college event or activity.

(8) No person or group may use or enter onto college facilities having in their possession firearms, even though licensed to do so, except commissioned police officers as prescribed by law, this chapter, and WAC 132T-100-132.

(9) The right of peaceful dissent within the college community will be preserved. The college retains the right to take steps to ensure the safety of individuals, the continuity of the educational process, and the protection of property. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. Should any person, group, or organization attempt to resolve differences by means of violence, the college and its officials need not negotiate while such methods are employed.

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

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

(12) If a college facility abuts a public area or street, and if an activity, although on public property, unreasonably interferes with ingress and egress to college property, the college may choose to impose its own sanctions on any individual on college property who violates this chapter, although remedies might be available through local law enforcement agencies.

(13) Walla Walla Community College District 20 shall be open to the public between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, except for holidays or other announced closures of the college and in accordance with the college's administrative policies and procedures on use of college facilities and expressive speech. Individual building hours may vary due to scheduled functions or activities. Employees of the college who have college-related business may be in the college facilities outside of these hours.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-030, filed 9/1/22, effective 10/2/22. Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-24-021 (Resolution No. 83-4), § 132T-190-030, filed 11/22/82
Order 78-6, § 132T-190-030, filed 10/24/77.

Wash. Admin. Code § 132T-190-035 Use of facilities for expressive activities.

Walla Walla Community College District 20 provides guidelines for expressive activity on the college premises within this chapter and through its administrative policies and procedures on use of college facilities and for expressive speech.

Students, employees, student organizations, and the public may use prespecified locations on college facilities for expressive activities during the college's hours of operation as stated in WAC 132T-190-033 and in accordance with the college's administrative policies and procedures on the use of college facilities and for expressive speech.

(1) The activity must be conducted in accordance with any other applicable board policies, college policies, and regulations at the college, including at the local, state, and federal levels.

(2) Expressive activities do not include obscene, lewd, or indecent conduct. Expressive speech or actions that use abusive language or conduct, and thereby intentionally create a risk of assault or disrupt any college function is disorderly conduct.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-035, filed 9/1/22, effective 10/2/22.

Wash. Admin. Code § 132T-190-040 Administrative control.

The board hereby delegates to the president authority to set up administrative policies and procedures for the use of college facilities; to establish, within the framework of these policies, regulations governing such use; and to establish rental schedules where appropriate. The college reserves the right to determine if an infraction of these rules has been committed.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-040, filed 9/1/22, effective 10/2/22
Order 78-6, § 132T-190-040, filed 10/24/77.

Wash. Admin. Code § 132T-190-050 Trespass.

(1) Individuals who are not students, members of the faculty or staff, or contracted partners and who violate these regulations will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president or designee to leave the college property. Such a request prohibits the entry of, withdraws the license or privilege to enter onto, or remain upon any portion of the college facilities by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW.

(2) Members of the college community (students, faculty, and staff, and contracted partners) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established regulations in Title 132T WAC and college policies.

(3) Any person who violates or is in violation of a college policy may have the license or privilege to be on college property revoked and ordered to withdraw from and refrain from entering upon any college property. Remaining on or reentering college property after one's license or privilege to be on college property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-050, filed 9/1/22, effective 10/2/22
Order 78-6, § 132T-190-050, filed 10/24/77.

Wash. Admin. Code § 132T-190-060 Control of pets on college facilities.

Pets on the grounds of Walla Walla Community College District 20 shall be in the physical control of their owner in accordance with local and state laws, on a leash, and all waste must be removed from the college premises. Animals are prohibited from entering buildings operated by the college, except for service animals as an accommodation for a disability in accordance with state laws, Walla Walla municipal codes, and the college's administrative policies and procedures.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-060, filed 9/1/22, effective 10/2/22.

Wash. Admin. Code § 132T-190-070 Fee schedule and application process.

The college's fee schedule for use of facilities and application process are available on its website.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. WSR 22-18-065, § 132T-190-070, filed 9/1/22, effective 10/2/22.