Title 132v WAC — Tacoma Community College

Chapter 132V-11 Tuition and fee waivers for full-time employees.

Wash. Admin. Code § 132V-11-010 Tuition and fee waivers for full-time employees.

Pursuant to the authority granted by chapter 82, Laws of 1979 ex. sess. [regular sess.] [RCW 28B.15.535(3)] , the board of trustees of Tacoma Community College District 22 hereby waives tuition, operating and service and activities fees for full-time employees under the following conditions:

(1) Enrollment shall be on a space-available basis after opportunity has been given for other students to register for courses offered by the district.

(2) No new or additional courses or course sections shall be created for the purpose of accommodating enrollments of students enrolled on the basis of waivers under this section.

(3) Enrollment information on employees enrolled on a space-available basis shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall persons enrolled pursuant to the provisions of this section be considered in any enrollment statistics which would affect budgetary determinations.

(4) Computations of enrollment levels, student-faculty ratio, or other similar enrollment rated statistics must exclude student credit hours generated by enrollments for which waivers have been granted under this section.

(5) Employees enrolling on a space-available basis shall be charged a registration fee of five dollars per quarter and a one-time records fee of five dollars.

(6) The number of courses per quarter for which an employee may enroll pursuant to this section shall be limited to no more than ten quarter hours per quarter.

(7) Employees taking tuition-free courses may do so after their normal working hours. Any exception will require special permission of the employee's supervising dean, and the employee will be required to make up the time during the same work day.

(8) Courses taken on a tuition-free basis may count as professional improvement units for academic employees provided established district procedures are followed.

(9) The definition of full-time administrative and professional employees, for the purposes of this act, shall be as stated in district policy. The definition of full-time classified employee shall be as stated in WAC 251-04-020.

History

regular sess.] [RCW 28B.15.535(3)] , the board of trustees of Tacoma Community College District 22 hereby waives tuition, operating and service and activities fees for full-time employees under the following conditions:(1) Enrollment shall be on a space-available basis after opportunity has been given for other students to register for courses offered by the district.(2) No new or additional courses or course sections shall be created for the purpose of accommodating enrollments of students enrolled on the basis of waivers under this section.(3) Enrollment information on employees enrolled on a space-available basis shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall persons enrolled pursuant to the provisions of this section be considered in any enrollment statistics which would affect budgetary determinations.(4) Computations of enrollment levels, student-faculty ratio, or other similar enrollment rated statistics must exclude student credit hours generated by enrollments for which waivers have been granted under this section.(5) Employees enrolling on a space-available basis shall be charged a registration fee of five dollars per quarter and a one-time records fee of five dollars.(6) The number of courses per quarter for which an employee may enroll pursuant to this section shall be limited to no more than ten quarter hours per quarter.(7) Employees taking tuition-free courses may do so after their normal working hours. Any exception will require special permission of the employee's supervising dean, and the employee will be required to make up the time during the same work day.(8) Courses taken on a tuition-free basis may count as professional improvement units for academic employees provided established district procedures are followed.(9) The definition of full-time administrative and professional employees, for the purposes of this act, shall be as stated in district policy. The definition of full-time classified employee shall be as stated in WAC 251-04-020.[Statutory Authority: RCW 28B.15.535(3) and chapter 28B.15 RCW. WSR 80-01-006 (Resolution No. 79-12), § 132V-11-010, filed 12/11/79.

Chapter 132V-15 Confidentiality of student records.

Wash. Admin. Code § 132V-15-010 General policy.

The Family Educational Rights and Privacy Act of 1974, as amended, is a federal law which requires institutions of higher education to establish written policies and guidelines governing the review, inspection, release, confidentiality and maintenance of students' educational records. Tacoma Community College hereby establishes the policies and guidelines in this chapter to comply with the intent of the act and to ensure that the educational records and personally identifiable information of its students are treated responsibly.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-010, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-010, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-020 Definitions.

(1) Act: The Family Educational Rights and Privacy Act of 1974 (Buckley Amendment), as amended.

(2) College: Tacoma Community College, District 22, and its personnel and facilities.

(3) College official: A college employee acting in the student's educational interest within the limitations of his/her need to know. May include faculty, administrators, clerical and professional employees and other persons who manage student records information.

(4) Directory information: Information authorized for external release by the college without the student's written consent shall include student name, degrees and awards received. The college may also confirm dates of attendance, date of birth, major field of study, participation in officially recognized sports and activities and the most recent previous educational institution attended.

(5) Disclosure: Permitting access to or the release, transfer or other communication of a student's educational records or other personally identifiable information orally, in writing, by electronic means or any other means to any party.

(6) Educational records:

(a) Are those documents, materials, files, transcripts or other such information directly related to a student and maintained by the college. May be referred to as "records" in this chapter.

(b) The term "educational records" does not include the following:

(i) Records of instructional, supervisory, or administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;

(ii) Records and documents of the security department which are kept apart from records described in (a) of this subsection, are maintained solely for law enforcement purposes, and are not made available to persons other than law enforcement officials of the same jurisdiction;

(iii) Records made and maintained by the college in the normal course of business which relate exclusively to a person's capacity as an employee and are not available for any other purpose; however, employee records relating to an individual in attendance at the college who is employed as a result of his or her status as a student would be considered educational records; or

(iv) Records concerning a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and which are created, maintained, or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment, except that such records may be personally reviewed by a physician, or other appropriate professional of the student's choice; or

(v) Records created after a student is no longer a student, such as alumni records and the college foundation giving records.

(7) Eligible student: A student who has reached the age of 18 or is officially enrolled in classes at the college. Interchangeably used with "student" in this chapter.

(8) Legitimate educational interest: The demonstrated need to know by college officials determined to act in a student's educational interest. May include faculty, administrators, clerical and professional employees, and other persons who manage student records information.

(9) Office of record: The official site where the originals of specific student records are maintained and authorized for student access.

(10) Parent: The mother, father, legal guardian of a student or the individual authorized to act on behalf of the student.

(11) Personally identifiable information: Data or documents which include

(a) The name of the student, the student's parents or other family members;

(b) The student's address;

(d) A list of personal characteristics or other information which would make the student's identity easily traceable.

(12) Instructional day: Any day or evening, excluding Saturdays and Sundays, on which classes or examinations are scheduled and held.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-020, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-020, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-030 Type—Location—Responsibility of records.

(1) The college maintains the following student educational records in the offices of record listed and under the control of the designated college official:

(a) Admissions center - A designated records custodian oversees the maintenance and processing of student applications for admission, residency and materials which influence student access to the college.

(b) Advising center - A designated records custodian is responsible for creating, maintaining and processing student educational records, such as copies of registration forms, unofficial transcripts and assessment scores.

(c) Cooperative education - A designated records custodian reviews, monitors and maintains such student records as program orientation forms, student enrollment forms and program evaluation forms.

(d) Counseling and career information center - A designated records custodian is responsible for the maintenance, security and access of such student educational records as interest inventories, advising transcripts, test scores, agency evaluations, and individual counseling case notes.

(e) Adult learning center - A designated records custodian is responsible for the development and retention of student attendance and academic progress records.

(f) Financial aid office - A designated records custodian is charged with collecting, analyzing, processing and maintaining personal fiscal data of students to assist in determining their eligibility for financial aid. Student records generated from this office include those associated with grants, loans, scholarships, employment and job placement.

(g) Registration/records center - The registrar is responsible for maintenance, security and access of student registration, transcript and graduation records.

(h) Veterans services - A designated records custodian collects and maintains for veteran students such records as forms for verification of enrollment for program completion and others which are required for compliance with Veteran Administration guidelines.

(i) Security and parking services - A designated records custodian is assigned the responsibility of processing and maintaining incident reports.

(j) International student services - A designated records custodian manages such student records as high school transcripts from foreign countries; copies of I-20 identification cards; copies of I-94s; the student's arrival documents; copies of visas; copies of I-538s; reinstatement forms; proofs of financial support; proofs of English proficiency; and proofs of student transfers.

(k) Student assessment office - A designated records custodian is responsible for the reporting and maintenance of assessment scores.

(l) Dean of student services office - A designated records custodian is responsible for maintaining academic standards records and student discipline records.

(m) Occupational education - The occupational program coordinators service as designated records custodians responsible for those student records essential to document admissions criteria, program progress, and program completion.

(n) Off-campus centers and continuing education - A designated records custodian is responsible for maintenance, security and access to student registration and fee collection records at each site.

(o) Business office - A designated records custodian is responsible for student fee payment records.

(p) Occasional records - The appropriate college official for student educational records not listed above will collect and maintain such occasional records.

(2) The college shall retain the educational records of students pursuant to the retention schedules established by each office of record.

(3) The college shall establish a student educational records retention system in such other offices of record which may be created.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-030, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-030, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-040 Right to review and inspect records.

(1) A student shall have the right to review and inspect his/her educational records provided he/she:

(a) Identifies the specific record(s) to be reviewed. In some instance, written requests for information will be required;

(b) Presents identification sufficient to validate his/her identity;

(2) After a student submits such a request, the college official of the office of record shall respond to the request within a reasonable period of time, but in no case more than forty-five days after the request has been made.

(3) A student authorized to review or inspect his/her educational records shall be accompanied by a staff person of the office of record assigned to explain and interpret the record(s) of interest.

(4) A student may have copies made of his/her educational records provided no financial hold has been placed on his/her records by any administrative unit. All copies produced shall be at the student's expense, and he/she shall be charged a fee set by the TCC board of trustees.

(5) A student shall maintain his/her right to review and inspect his/her educational records irrespective of his/her outstanding financial obligation to the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-040, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-040, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-050 Rights of student.

(1) If, after a review of his/her records, a student believes they contain information that is inaccurate, misleading or in violation of his/her privacy or other rights, the student may submit a written appeal to the dean of student services.

(2) Within a reasonable time, but no more than twenty instructional days after the receipt of an appeal, the dean of student services shall establish an ad hoc committee consisting of two students, two faculty, one classified staff member, and one administrator to review the appeal.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-050, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-050, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-060 Conduct of appeal.

(1) A hearing shall normally be held within twenty instructional days after the dean of student services receives the appeal.

(2) The hearing shall be conducted by the dean of student services or his/her designee who shall be an official of the college who does not have a direct interest in the final decision of the committee.

(3) In presenting his/her appeal, the student may have assistance from or be represented by an individual or an attorney of his/her choice and at his/her own expense. The college may choose to be represented by its assistant attorney general.

(4) Within ten instructional days after the hearing the dean of student services or his/her designee shall prepare a final written decision based solely on the evidence presented during the hearing. A copy of the final decision shall be made available to the student.

(5) If the final decision of the dean of student services mandates amendments to the student's educational records, the college official of the office of record shall make said amendments within ten instructional days after the notification and so inform the student in writing.

(6) If the student disagrees with the final decision, he/she shall have the right to place a statement to this effect in his/her educational records. This statement shall be retained in the student's file and shall become a permanent part of the student's education record for as long as the record is maintained.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-060, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-060, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-070 Limitations on a student's right to review and inspect.

(1) Pursuant to section 438 of the act, the college shall not permit a student to review and inspect the following records:

(a) The confidential financial records and statements of parents or any information contained in such records/statements;

(b) Confidential letters and confidential statements of recommendation which were placed in the educational records of the student prior to January 1, 1975; provided that the letters/statements were solicited with the written assurance of confidentiality and are to be used only for the purposes for which they were specifically intended;

(c) Confidential letters of recommendation and confidential statements of recommendations which were placed in the educational records of the student after January 1, 1975 pertaining to admission to an educational institution, to an application for employment, or to the receipt of an honor or honorary recognition which a student has waived his/her inspection/review rights under WAC 132V-15-080; and

(d) The educational records of a student which contains information on more than one student. Only the specific information pertaining to the student requesting access shall be considered for release.

(2) The college shall retain the educational records of students pursuant to the retention schedules established by each office of record.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-070, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-070, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-080 Waiving right to inspect and review.

(1) A student may waive any or all of his/her all rights under the act, subject to the following:

(a) That the college did not require the waiver;

(b) That no college services be denied a student who fails to supply a waiver;

(d) That the documents to which a student has waived the right to access are used only for the purposes for which they were collected. If the college uses them for other purposes, the waiver shall be voided and the documents may be inspected.

History

Statutory Authority: RCW 28B.50.140(13). WSR 89-20-013 (Order 89-1), § 132V-15-080, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-090 Third party access to records—External.

(1) The college may authorize the following persons/agencies to have access to students' educational records or other personally identifiable information without consent:

(a) Officials of other schools or school systems or institutions in which the student seeks or intends to enroll;

(b) Persons in connection with a student's application for or receipt of financial aid;

(d) Persons in compliance with a judicial order after written notification to the student;

(e) Persons acting pursuant to any lawfully issued subpoena;

(f) Persons, in response to an emergency, whose actions are considered to protect the health or safety of students or other persons;

(g) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction and/or services; Provided, that the studies are conducted in a manner which will not permit the personal identification of student and their parents by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted. The term "organizations" includes, but is not limited to, federal, state and local agencies, and independent organizations;

(h) State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1974;

(i) Alleged victim of any crime may obtain the results of any disciplinary proceeding conducted by the college against the alleged perpetrator of such crime with respect to such crime; and

(j) Public requesting information designated as directory information by the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-090, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-090, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-100 Third party access to records—Internal.

(1) Within the Tacoma Community College community, only those persons, individually and collectively, acting in the student's educational interest shall be allowed access to a student's educational records or other personally identifiable records. These persons include employees in the

(a) Admissions, advising, assessment and registration centers;

(b) Financial aid office;

(d) Security and parking services; and

(e) Offices of record; and

(f) Other college officials within the limitations of their need to know.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-100, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-100, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-110 Student records as directory information.

(1) A student may withhold from release directory information by completing TCC Form TCC-REG-062 and submitting it to the registrar or by notifying the registrar in writing within two weeks after the first day of classes for any quarter.

(2) The college will honor a student's request for nondisclosure for only the current academic year; therefore, a student must file a request to withhold directory information annually.

(3) The college may release directory information by telephone.

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-110, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-110, filed 9/26/89, effective 10/27/89.

Wash. Admin. Code § 132V-15-120 Annual notification on rights.

(1) The college shall notify students and parents of students currently in attendance of their rights under the act

(a) By making copies of this chapter available in the admissions and registration centers during fall quarter registrations for currently enrolled, new and returning students;

(b) By publishing an announcement regarding the existence of this chapter in the college quarterly mailer;

History

Statutory Authority: RCW 28B.50.140(13). WSR 96-16-034, § 132V-15-120, filed 8/1/96, effective 9/1/96
WSR 89-20-013 (Order 89-1), § 132V-15-120, filed 9/26/89, effective 10/27/89.

Chapter 132V-22 Faculty tenure rights and procedures.

Wash. Admin. Code § 132V-22-010 Purpose—Tenure.

The board of trustees of Community College District 22 hereby establishes the following rules on academic employee tenure. The purpose of [tenure] is twofold:

(1) To protect faculty appointment rights and faculty involvement in the establishment and protection of those rights at Tacoma Community College and all subsequent community colleges hereafter established within Community College District 22; and

(2) To assure that tenure is granted to academic employees of such character and scholarly ability that the district, so far as its resources permit, can justifiably undertake to employ them for the rest of their academic careers.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 132V-22-020 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 22.

(2) The definitions of "tenure," "faculty appointment," "probationary faculty appointment," "probationer," and "administrative appointment," shall be the same as are contained within RCW 28B.50.851 as now or hereafter amended.

(3) "Regular college year" shall mean a faculty appointment normally inclusive of consecutive fall, winter, and spring quarters.

(4) "President" shall mean the president of Tacoma Community College [and of any other college hereafter established within Community College] District 22, or in such president's absence, the acting president.

(5) "College" shall mean Tacoma Community College and any subsequent community college hereafter established within Community College District 22.

(6) "Tenure review committee" shall mean a committee composed of [three academic employees] who hold [tenured] faculty appointments a division chairman, or management supervisor and a student appointed pursuant to WAC 132V-22-030.

(7) "Full time" shall mean an appointment which is consistent with the full-time contractual assignment specified within Article 6.00 of the negotiated agreement.

(8) "Dismissal" shall mean the termination of a tenured faculty appointment or a probationary faculty appointment by the appointing authority.

Wash. Admin. Code § 132V-22-030 Composition of review committees.

(1) A separate tenure review committee, which shall serve as a standing committee until such time as the appointment is terminated, shall be established for each full-time probationer.

(2) Each [tenure] review committee shall be composed of five persons: Three shall be tenured faculty appointees selected by a majority of the tenured faculty members and faculty department heads acting in a body prior to October 15 of the probationer's first full regular college year of employment; one shall be the probationer's division chairman (or his/her management supervisor if he/she is not supervised by a division chairman); one shall be a student representative who shall be a full-time student and who shall be chosen by the student association of the college in such a manner thereof shall determine. Each tenure review committee shall select its own chairman. If the elected chairman fails to perform his/her required duties in the time period specified, management shall appoint a chairman from among the other committee members to fulfill the responsibilities. Each review committee shall meet at the call of the chairman when, in his[/]her discretion, the need for such meeting arises, provided, that the committee shall meet with the probationer at least twice during each winter quarter. Additionally, the committee shall meet within ten days after the chairman receives the probationer's written request which states the purpose of the meeting.

(3) If a vacancy occurs upon any tenure review committee prior to the expiration of the probationer's appointment as such, an administrative, faculty or student member, as appropriate, shall be appointed to fill the vacancy pursuant to subsection (2) of this rule to serve for the duration of the committee's obligation.

Wash. Admin. Code § 132V-22-040 Duties and responsibilities of review committee.

(1) The general duty and responsibility of the tenure review committee shall be to assess and advise the probationer of his/her professional strengths and weaknesses and to make reasonable efforts to encourage and aid him/her to overcome his/her deficiencies.

(2) The first order of business for each tenure review committee shall be to establish the procedure it will follow in evaluating the performance and professional competence of the full-time probationer assigned thereto. The committee's evaluation of the probationer shall be directed toward and result in the determination of whether or not the probationer possesses the necessary personal characteristics and professional competence to perform effectively in his/her appointment. In determining professional competence, the committee shall give due consideration to the criteria under which the employee was hired, as established by the probationer's department, program, or advisory group. A review committee's evaluation procedures should include, as it deems necessary, the following:

(a) Classroom observations by members of the tenure review committee;

(b) Student evaluation administered by a member of the review committee;

(c) Assessment of the probationer's contributions to the department, program[,] division, and institution by the department or program, and division heads and other faculty; and

(d) Self-evaluation.

(3) Each tenure review committee shall be required to conduct an on-going evaluation of the full-time probationer assigned thereto and render the following written reports to the president, probationer, and the appointing authority on or before the designated times during each regular college year that such appointee is on a probationary status, or, as is also required, within fifteen days of the president's written request therefor:

(a) A written evaluation of each full-time probationary faculty appointee's performance, including the degree to which the probationer has overcome stated deficiencies, on or before February 15. The review committee shall obtain the appointee's written acknowledgment of receipt of the written evaluation.

(b) A written recommendation regarding the employment or nonemployment of the probationer for the ensuing regular college year on or before February 15.

(c) A written recommendation that the appointing authority award or not award tenure, such written recommendations to be submitted during the regular college year deemed appropriate by each review committee, provided that during such probationer's third regular college year of appointment the review committee shall, prior to February 15 of such regular college year, make a written recommendation as to the award or nonaward of tenure. The failure of any review committee to make such written recommendation by February 15 of a probationer's third consecutive regular college year shall require that the probationer's supervising dean make a written recommendation as to the award or nonaward of tenure by the following February 25.

(4) The appointing authority shall be required to give reasonable consideration to any recommendation of a review committee and is not bound thereby.

(5) All written evaluations and recommendations prepared and submitted by a review committee pursuant to these rules shall include the committee's findings and supportive data and analysis.

(6) If the probationer disagrees with the review committee's recommendation as to the award or nonaward of tenure, the probationer shall be provided an opportunity to challenge the review committee's recommendations before a committee of the appointing authority.

(7) On or before the last day of the winter quarter of each regular college year of a probationary appointment, the appointing authority shall notify the probationer of their decision to either grant him/her tenure or not renew his/her appointment for the ensuing year.

(8) The decision of the appointing authority to not rehire a probationary academic employee for a second or third year of the probationary period or to not grant tenure is final, and the academic employee affected by this decision shall not have access to the hearing procedure relating to dismissal for cause and reduction in force as provided by section 12.32 of the negotiated agreement, but the academic employee may submit written appeal and appear, in person, at the next board meeting following such nonrenewal.

(9) As per chapter 112, Laws of 1975, 1st ex. sess., those academic employees funded more than fifty-one of their annual salaries by other than state funds are nontenurable, per WAC 131-16-400. Inclusion of this paragraph shall not limit the union in its court appeal of this law, rulings pursuant thereto and its effect on present employees in this category. Management will make every effort to shift presently affected employees to tenurable jobs as they become available. Management and the union agree to make necessary modifications in this section in order to bring it into compliance with subsequent court decisions, if any.

Wash. Admin. Code § 132V-22-050 Procedure relating to the dismissal for cause of tenured and probationary faculty members.

A tenured faculty member shall not be dismissed by the college except for sufficient cause, nor shall a faculty member who holds a probationary faculty appointment be dismissed prior to the written terms of the appointment except for sufficient cause. Sufficient cause may include, but is not limited to:

(1) Demonstrated incompetency in his/her professional assignment;

(2) Proven neglect of recognized duties;

(3) Proven insubordination;

(4) Diagnosed physical or mental inability to perform assigned duties[;][:]

(5) Convicted of any unlawful act of violence during the period of employment;

(6) Convicted of any unlawful act resulting in destruction of college property;

(7) Convicted of any unlawful interference with the orderly conduct of the educational process.

Wash. Admin. Code § 132V-22-060 Preliminary procedure relating to the dismissal for cause of a tenured or probationary faculty member.

When reason arises to question the fitness of an academic employee, the initial step shall be for the appropriate administrative officer to discuss the matter with him/her in personal conference. At this conference, the academic employee may request the presence of a union representative. The matter may be terminated by mutual consent at this point; but if an adjustment does not result, the case shall be referred to the president of the college. If the president of the college deems that the case warrants dismissal, the dismissal process shall be governed by the following procedure:

[(1)] At least fifteen calendar days prior to the effective date of the dismissal action and at least thirty days prior to the convening of the dismissal for cause committee, the academic employee, who is to be dismissed by the appointing authority, and the union shall be furnished with written notice which shall include grounds for dismissal, a statement of the legal authority and jurisdiction of the president's notice, and information of the employee's right of appeal. The notification shall be furnished directly to the employee during working hours, or shall be mailed by certified return receipt mail to the academic employee's last known address.

[(2)] A dismissal review committee will be established. The dismissal review committee shall be the same [as the] tenure review committee. If the tenure review committee is no longer available the dismissal review committee shall have the same membership as required for a tenure review committee for a probationary academic employee. The members representing the academic employees shall be selected by a majority of the academic employees and department chairmen acting as a body. The president shall deliver to the review committee the statement of charges provided to the employee.

[(3)] Remaining steps in the procedure for dismissal for cause of tenured or probationary faculty members are as specified in WAC 132V-22-200 of these rules.

Wash. Admin. Code § 132V-22-100 Procedure relating to reduction in force.

(1) Definition: A reduction in force is a dismissal of faculty members without prejudice and for adequate cause which shall include lack of funds and necessary curtailment of work.

(2) Layoff units and procedure for assignment:

(a) A full-time academic employee's assignment to a layoff unit will be that within which his/her job responsibility is classified.

(b) For the duration of this agreement, the layoff units and assignments thereto, as agreed to in the union-management meeting of February 3, 1974, or the most recent updating of those layoff units and assignments thereto, shall be used as the basis of reduction in force. A person may be assigned to only one layoff unit even though he/she is teaching in more than one unit.

(c) The institutional seniority list, which is to be published annually by November 1st of each year, under article 9 of the negotiated agreement, will also include the layoff unit to which an academic employee is currently assigned.

(3) Alternatives to reduction in force: Alternatives to reduction in force shall be implemented by management prior to the initiation of reduction in force procedures. The application of these alternatives will be handled through the appropriate division and department. A full-time employee will be given sections normally staffed by part-time employees before being offered other alternatives to reduction in force. Such alternatives may include, but not be limited to, those in article 6.00 of the negotiated agreement.

An academic employee's agreement to one or any combination of the above-referenced alternatives, or any other alternative agreed to, will be submitted in writing to the college president.

(4) Basis for reduction: If the number of full-time contracted academic employees is to be reduced, the college president, with advice from the appropriate supervising administrators and department chairmen shall determine in the case of each affected department or program what courses and services are most necessary to maintain quality education and services at Tacoma Community College. In making his determination on reductions, the college president shall consider the following factors:

(a) Budget limitations, lack of funds, change in instructional or service programs, or lack of students participating in particular programs or services.

(b) The enrollment, the trends in enrollment, and their effect upon the department or program.

(d) Information concerning faculty and administrative vacancies occurring through retirement, resignation, and professional and other leave.

Before arriving at proposed reduction in force decisions, the president will confer with representatives of the designated faculty organization and the student government regarding proposed reduction plans and will consider their opinions in the matter.

(5) Order of reduction: If a reduction is determined to be necessary within a layoff unit, the employment needs of the department or program shall be the primary basis for identifying the order of reduction in force. First consideration will also be given to seniority as defined in article 9.00 of the negotiated agreement, provided that such consideration results in the retention of qualified academic employees to replace and perform the necessary duties of the personnel reduced. In determining what duties an academic employee is qualified to perform, the president will consider, but not be limited to:

(a) General professional experience;

(b) Actual work experience in the area under consideration; and

(6) Right to recall: A full-time faculty member whose contract is not renewed as a result of this reduction in force procedure shall have the right to recall to any faculty position, either a newly created position or a vacancy: Provided, That the individual is determined to be qualified for such position by the president of the college following recommendations by the supervising dean, department chairman and/or program director. The right of recall shall extend two years from date of layoff.

(7) Reduction in force review committee: A reduction in force review committee shall be composed of three members of the faculty who shall be selected by a majority of the faculty and faculty department heads acting in a body, one administrator who shall be appointed by the college president, and one student representative who shall be chosen by the student association of the college in such a manner as the members thereof shall determine.

(8) Preliminary procedure for reduction in force: When reason arises to dismiss an academic employee as a result of reduction in force, the initial step shall be for the appropriate administrative officer to discuss the matter with him/her in personal conference. At this conference, the academic employee may request the presence of a union representative. The matter may be terminated by mutual consent at this point; but if an adjustment does not result, the case shall be referred to the president of the college. If the president of the college still deems dismissal to be necessary, the dismissal process shall be governed by the following procedure:

(a) At least thirty calendar days prior to the convening of the dismissal review committee, the union and the academic employee who is threatened with dismissal by the appointing authority shall be furnished with written notice which shall include grounds for dismissal, a statement of the legal authority and jurisdiction of the president's notice, and information of the employee's right of appeal. The notification shall be furnished directly to the employee during working hours, or if this is not possible because of the absence of the employee, it shall be mailed by certified return receipt mail to the academic employee's last known address.

(b) A reduction in force review committee will be established. The reduction in force review committee shall be the same as the tenure review committee. If the tenure review committee is no longer available, the reduction in force review committee shall have the same membership as required for a tenure review committee for a probationary academic employee. The members representing academic employees shall be selected by a majority of the academic employees and department chairmen acting as a body. The president shall deliver to the reduction in force review committee the statement of charges provided to the employee.

(c) In the event of a reduction in force, the reduction in force review committee shall conduct a hearing. At the hearing, the academic employee affected shall have the opportunity to be represented by counsel, to respond to and present evidence and arguments on all issued involved, and to examine and cross-examine witnesses. At the hearing, the academic employee shall have the opportunity for his counsel to protect his due process rights to respond to and present evidence and arguments on all issues involved and to examine and cross-examine witnesses.

(d) Subsequent steps in the procedure for reduction in force are specified in WAC 132V-22-200 of these rules.

History

Statutory Authority: RCW 28B.50.140(13) and 28B.50.852. WSR 81-08-002 (Order 6-81, Resolution No. 81-6), § 132V-22-100, filed 3/19/81
Order 16, § 132V-22-100, filed 12/28/73
Order 14, § 132V-22-100, filed 6/29/73.

Wash. Admin. Code § 132V-22-200 Hearing procedure relating to dismissal for cause and reduction in force.

(1) The required notice of dismissal for cause or reduction in force to the affected academic employee(s) shall include notice of the right of a hearing before the review committee and that if the affected employee does not request such a hearing, from the president of the college within ten days after the effective date of separation from the payroll. Management will request a written determination from the employee as to whether he/she wishes to avail themselves of the right to a hearing. If after five additional days the academic employee fails to respond, this failure to request a hearing shall constitute acceptance of dismissal and waiver of any right to a hearing under the provisions of this negotiated agreement.

(2) In the event the president receives a request for a hearing, all parties shall be afforded an opportunity for a hearing after not less than twenty 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 short and plain statement [of] [to] the matters asserted.

(3) Prior to the time of the hearing, the board and the union shall request an impartial hearing officer from the public employment relations commission to sit as a nonvoting member of the committee. It shall be his/her responsibility to:

(a) Make all rulings regarding the evidentiary and procedural issues presented during the course of the dismissal review committee hearings;

(b) Meet and confer with the members of the dismissal review committee and advise them in regard to procedural and evidentiary issues considered during the course of the committee's deliberations;

(c) Appoint a court reporter, who shall operate at the direction of the presiding officer and shall record all testimony, receive all documents and other evidence introduced during the course of [the] hearings, and record any other matters [related] [relating] to the hearing as directed by the presiding officer;

(d) Prepare the record if requested under subsection (6) herein.

(4) Opportunity shall be afforded all parties to respond and present evidence and argument on all [issues] [issued] involved, and to examine and cross-examine witnesses.

(5) Oral proceedings shall be transcribed, if necessary, for the purposes of rehearing or court reviews. A copy of the record or any part thereof shall be transcribed and furnished to any party to the hearing upon request [therefor] [thereof] and payment of the costs thereof.

[(6)] The record in a contested case shall include:

(a) All documents, motions, and intermediate rulings;

(b) Evidence received or considered;

(d) Questions and offers of proof, objections, and rulings thereon;

(e) Proposed findings and exceptions; and

(f) Any decision[s], opinion, or report by the officer or committee chairman presiding at the hearing.

(7) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

[(8)] The college or its authorized hearing officer or committee may:

(a) Administer oaths and affirmations, examine witnesses, and receive evidence. No person shall be compelled to divulge information which he/she could not be compelled to divulge in a court of common law;

(b) Issue subpoenas;

(c) Take or cause depositions to be taken pursuant to rules promulgated by the college. No person shall be compelled to divulge information which he/she could not be compelled to divulge by deposition in connection with a court proceeding;

(d) Regulate the course of the hearing;

(e) Hold conferences for the settlement or simplification of the issues by consent of the parties.

(9) Within twenty days following the review hearing, the review committee shall prepare recommendations on the action they propose be taken and submit such recommendations to the appointing authority. A copy of the recommendations shall be given [to] the academic employee involved and the president.

(10) The board shall meet within thirty days after receipt of the dismissal review committee recommendations to consider those recommendations. The academic employee affected by the review committee recommendations may request a hearing before the board within ten days after receipt of the said recommendations. If board action affects academic employees other than the academic employee against whom dismissal action was originally taken, those academic employees shall be guaranteed protection of the entire dismissal for cause hearing procedure provided for herein. Within thirty days after the hearing before the board, the appointing authority shall inform the affected academic employee of their decision by letter.

Chapter 132V-24 Public records.

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

The purpose of this chapter shall be to ensure compliance by the Community College District No. 22 with the provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure—Campaign finances—Lobbying—Records; and in particular with sections 25 - 32 of that act, dealing with public records.

History

Order 11, § 132V-24-010, filed 4/27/73.

Wash. Admin. Code § 132V-24-020 Definitions.

(1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

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

(3) Community College District No. 22. The Community College District No. 22 is an agency organized by statute pursuant to RCW 28B.50.040. The Community College District No. 22 shall hereinafter be referred to as the "district." Where appropriate, the term district also refers to the staff and board of trustees employees of the district.

History

Order 11, § 132V-24-020, filed 4/27/73.

Wash. Admin. Code § 132V-24-030 Description of central and field organization of Community College District No. 22.

District No. 22 is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff are located at Tacoma Community College, 6501 South 19th Street, Tacoma, Washington 98466.

History

Statutory Authority: 1973 c 1 §§ 25-32. WSR 96-16-035, § 132V-24-030, filed 8/1/96, effective 9/1/96
Order 11, § 132V-24-030, filed 4/27/73.

Wash. Admin. Code § 132V-24-040 Operations and procedures.

The district is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college district is operated under the supervision and control of a board of trustees. The board of trustees is made up of five members each appointed by the governor to a term of five years. The trustees meet the first Thursday of each month at 4:00 p.m. in the Baker Room of Tacoma Community College, unless public notice is given of a special meeting. At such time the trustees exercise the powers and duties granted it under RCW 28B.50.140.

History

Statutory Authority: 1973 c 1 §§ 25-32. WSR 96-16-035, § 132V-24-040, filed 8/1/96, effective 9/1/96
Order 11, § 132V-24-040, filed 4/27/73.

Wash. Admin. Code § 132V-24-050 Public records available.

All public records of the district, as defined in WAC 132V-24-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by section 31, chapter 1, Laws of 1973 and WAC 132V-24-100.

History

Order 11, § 132V-24-050, filed 4/27/73.

Wash. Admin. Code § 132V-24-060 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the college president. The person so designated shall be located in the administrative office of the district. The public records officer shall be responsible for the following: The 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 1, Laws of 1973.

History

Order 11, § 132V-24-060, filed 4/27/73.

Wash. Admin. Code § 132V-24-070 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.

History

Order 11, § 132V-24-070, filed 4/27/73.

Wash. Admin. Code § 132V-24-080 Requests for public records.

In accordance with requirements of chapter 1, Laws of 1973 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the district which shall be available at its administrative office. The form shall be presented to the public records officer; or to any member of the district's staff, if the public records officer is not available, at the administrative office of the district during customary office hours. The request shall include the following information:

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

(b) The time of day and calendar date on which the request was made;

(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;

(e) If the requested matter is not identifiable by reference to the district's current index, an appropriate description of the record requested.

(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 or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

History

Order 11, § 132V-24-080, filed 4/27/73.

Wash. Admin. Code § 132V-24-090 Copying.

No fee shall be charged for the inspection of public records. The district shall charge a fee set by the TCC board of trustees for providing copies of public records and for use of the district's copy equipment. This charge is the amount necessary to reimburse the district for its actual costs incident to such copying. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the district will provide copies at a rate sufficient to cover any additional cost. All fees must be paid by money order, cashier's check or cash in advance.

History

Statutory Authority: 1973 c 1 §§ 25-32. WSR 96-16-035, § 132V-24-090, filed 8/1/96, effective 9/1/96
Order 11, § 132V-24-090, filed 4/27/73.

Wash. Admin. Code § 132V-24-100 Exemptions.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132V-24-080 is exempt under the provisions of section 31, chapter 1, Laws of 1973.

(2) In addition, pursuant to section 26, chapter 1, Laws of 1973, the district reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 1, Laws of 1973. The public records officer will fully justify such deletion in writing.

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

History

Order 11, § 132V-24-100, filed 4/27/73.

Wash. Admin. Code § 132V-24-110 Review of denials of public records requests.

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

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

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

History

Order 11, § 132V-24-110, filed 4/27/73.

Wash. Admin. Code § 132V-24-120 Protection of public records.

Requests for public records shall be made in the administration building (Building 13) of Tacoma Community College. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated for their inspection. Copies shall be made at Tacoma Community College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132V-24-090.

History

Statutory Authority: 1973 c 1 §§ 25-32. WSR 96-16-035, § 132V-24-120, filed 8/1/96, effective 9/1/96
Order 11, § 132V-24-120, filed 4/27/73.

Wash. Admin. Code § 132V-24-130 Records index.

(1) Index. The district has available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since June 30, 1972.

"(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or other; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private part."

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

History

Order 11, § 132V-24-130, filed 4/27/73.

Wash. Admin. Code § 132V-24-140 Adoption of form.

The district hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form attached hereto as Appendix A, entitled "Request for public record."

History

Order 11, § 132V-24-140, filed 4/27/73.

Wash. Admin. Code § 132V-24-990 Appendix "A"—Request for public record to Community College District No. 22.

Appendix "A"
Request for public record to Community College District No. 22
(a)	. . . . Signature	. . . . . . . . . . . . . . . . . . . . . Signature (Please Print)
	. . . . Name of Organization, if Applicable
	. . . . . . . . . . . . . . . . . . . . . . . . . . . Mailing Address of Applicant	. . . . . . . . . . . . . Phone Number
(b)	. . . . . . . . . . . . . . . . . . . . . . . . . . . Date Request Made at Community College District No. 22	. . . . . . . . . . . . . Time of Day Request Made
(c)	Nature of Request . . . .
	. . . .
	. . . .
	. . . .
(d)	Identification Reference on Current Index . . . .
		Please Describe
	. . . .
	. . . .
	. . . .
(e)	Description of Record, or Matter, Requested if not Identifiable by Reference to the Community College District No. 22's Current Index . . . .
	. . . .
	. . . .
	. . . .
	. . . .
Request: Approved . . . . .	By . . . .
	Date		Public Records Officer
Denied Date . . . .
Reasons for Denial: . . . .
. . . .
. . . .
Referred to . . . . . . . . . .	By . . . .
	Date		Public Records Officer

History

Order 11, Appendix A (codified as WAC 132V-24-990), filed 4/27/73.

Chapter 132V-112 Election procedures.

Wash. Admin. Code § 132V-112-003 Purpose.

Pursuant to chapter 196, Laws of 1971 ex. sess., the board of trustees of Community College District No. 22 establishes the following rules to strengthen methods of administering employer-employee relations through the establishment of orderly methods of communication between academic employees of Community College District No. 22 and the board of trustees of Community College District No. 22.

History

Order 7, § 132V-112-003, filed 6/27/72.

Wash. Admin. Code § 132V-112-006 Request for election—Canvass of academic employees by independent and neutral person or association.

Any organization of academic employees of Community College District No. 22 desiring to be recognized as the majority organization representing such employees pursuant to chapter 196, Laws of 1971 ex. sess., shall request in writing of the board of trustees of Community College District No. 22 that an election be held to determine whether a majority of such employees desire to designate it as their representative for the purposes of the act. Upon the receipt of such a request the board of trustees of Community College District No. 22 will request some independent and neutral person or association to determine whether thirty per cent or more of the academic employees of Community College District No. 22 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.

History

Order 7, § 132V-112-006, filed 6/27/72.

Wash. Admin. Code § 132V-112-009 Notice of election—Organizations to be included on ballot—Time for filing.

If the independent and neutral person or association determines that thirty per cent or more of the academic employees of Community College District No. 22 have indicated that they desire to be represented by that organization for such purposes, the board of trustees of Community College District No. 22 will publish a notice that it will hold an election as soon as practical to determine whether the academic employees of Community College District No. 22 desire the requesting organization or any other organization to represent them for the purposes of chapter 196, Laws of 1971 ex. sess. Any other organization of academic employees desiring to be designated as the majority organization representing such employees shall, within seven days after publication of such notice by the board of trustees of Community College District No. 22, file with the board of trustees a request in writing that its name be included on the ballot in the election to be held together with written proof of at least ten percent representation of the academic employees of the district. 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.

History

Order 7, § 132V-112-009, filed 6/27/72.

Wash. Admin. Code § 132V-112-012 Contents of notice of election—Designation of chief election officer—Duties.

The notice published by the board of trustees of Community College District No. 22, pursuant to WAC 132V-112-009, 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 WAC 132V-112-003 through 132V-112-063.

History

Order 7, § 132V-112-012, filed 6/27/72.

Wash. Admin. Code § 132V-112-015 List of academic employees—Posting of list.

In any election conducted pursuant to WAC 132V-112-003 through 132V-112-063, lists of academic employees eligible to vote shall be prepared by the board of trustees listing academic 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 an academic employee to vote in the election.

History

Order 7, § 132V-112-015, filed 6/27/72.

Wash. Admin. Code § 132V-112-018 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 WAC 132V-112-024 and 132V-112-036 through 132V-112-048. 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 7, § 132V-112-018, filed 6/27/72.

Wash. Admin. Code § 132V-112-021 Ballots.

The ballots used in any election held pursuant to WAC 132V-112-003 through 132V-112-063 shall be in the following form:

	To select for representation purposes pursuant to chapter 196, Laws of 1971 ex. sess., a majority organization to represent academic employees of Community College District No. 22.
		Vote for one
	ORGANIZATION X	□
	ORGANIZATION Y	□
	NO ORGANIZATION (neither)	□
	Do not sign your name or put other identifying marks on this ballot. Should you incorrectly mark this ballot or otherwise spoil it, you may return it to the chief election officer or his inspector and obtain a new ballot.

History

Order 7, § 132V-112-021, filed 6/27/72.

Wash. Admin. Code § 132V-112-024 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 academic 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 7, § 132V-112-024, filed 6/27/72.

Wash. Admin. Code § 132V-112-027 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 7, § 132V-112-027, filed 6/27/72.

Wash. Admin. Code § 132V-112-030 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 7, § 132V-112-030, filed 6/27/72.

Wash. Admin. Code § 132V-112-033 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 7, § 132V-112-033, filed 6/27/72.

Wash. Admin. Code § 132V-112-036 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 7, § 132V-112-036, filed 6/27/72.

Wash. Admin. Code § 132V-112-039 Employees present entitled to vote—Sealing ballot box—Unused ballots.

At the time for closing the polls, all academic 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 7, § 132V-112-039, filed 6/27/72.

Wash. Admin. Code § 132V-112-042 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 academic employees, 2) all unused ballots, 3) all challenged ballots, and 4) the sealed ballot box containing all ballots cast.

History

Order 7, § 132V-112-042, filed 6/27/72.

Wash. Admin. Code § 132V-112-045 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 7, § 132V-112-045, filed 6/27/72.

Wash. Admin. Code § 132V-112-048 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 each 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 academic employees shall be kept by the chief election officer or some person designated by him for one year after the election.

History

Order 7, § 132V-112-048, filed 6/27/72.

Wash. Admin. Code § 132V-112-051 Electioneering within the polls forbidden.

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

History

Order 7, § 132V-112-051, filed 6/27/72.

Wash. Admin. Code § 132V-112-054 Contest of election—Time for filing objections—Investigation of objections.

Any organization, the name of which appears on the ballot, or any academic employee may within five days after the certification of the results of an election under the provisions of WAC 132V-112-048, file objections to the conduct of the election with the chief election officer designated by the board of trustees pursuant to WAC 132V-112-012. 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 7, § 132V-112-054, filed 6/27/72.

Wash. Admin. Code § 132V-112-057 Persons eligible to vote—Definition of "academic employee."

All academic employees of Community College District No. 22 shall be eligible to vote pursuant to WAC 132V-112-003 through 132V-112-063 who are employed at the time of the election provided for by such rules and who: 1) Are employed on a full time basis, or 2) if employed on a part time basis, have been employed as an academic employee of the district for at least one other quarter (i.e. fall, winter, spring, or summer quarter) during either the current or the previous academic year. "Academic employee" shall mean any teacher, counselor, librarian, or department head, division head, or administrator, who is employed by Community College District No. 22, with the exception of the chief administrative officer of the district.

History

Order 7, § 132V-112-057, filed 6/27/72.

Wash. Admin. Code § 132V-112-060 Election determined by majority of valid votes cast—Run-off election.

An organization of academic employees which receives a majority of the valid votes cast in an election held in accordance with WAC 132V-112-003 through 132V-112-063 shall be recognized as representing the academic employees of Community College District No. 22 pursuant to chapter 196, Laws of 1971 ex. sess. If more than one organization of academic 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.

History

Order 7, § 132V-112-060, filed 6/27/72.

Wash. Admin. Code § 132V-112-063 Time lapse for new election.

If no organization of academic 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 academic 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 7, § 132V-112-063, filed 6/27/72.

Chapter 132V-116 Parking and traffic rules and regulations.

Wash. Admin. Code § 132V-116-010 Authority.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District 22 empowers the president of the college district to make on-campus parking available for visitors, faculty, students and staff at a fee established and approved by the board. The board further authorizes the president to formulate rules and regulations which ensure the safety of operators of vehicles and pedestrians using the college's streets, crosswalks and paths.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-010, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-010, filed 6/3/77.

Wash. Admin. Code § 132V-116-020 Purpose.

The rules and regulations contained herein are established for the following purposes:

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

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

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the college by assuring access for vehicles.

(5) To regulate the use of parking spaces.

History

Order 77-2, § 132V-116-020, filed 6/3/77.

Wash. Admin. Code § 132V-116-030 Definitions.

For the purposes expressed in this document, the following definitions and terms shall apply:

(1) College: Tacoma Community College, or any additional community college hereafter established within Community College District 22, state of Washington, and those individuals responsible for its control and operation.

(2) College community: Trustees, students, employees, and guests on college-owned or controlled facilities.

(3) College facilities: Any or all property controlled or operated by the college.

(4) Student: Any person enrolled at the college.

(5) Public safety officer: An employee of the college accountable to the vice president for administrative services and responsible for campus security, safety, parking and traffic control.

(6) Vehicle: Any conveyance which can be legally operated on the streets and highways of the state of Washington, or whose primary purpose is recreational.

(7) Visitors: Persons who come upon the campus as guest, and persons who lawfully visit the campus for purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.

(8) Permanent permit: A permit which is valid for a college quarter, year or portion thereof.

(9) Temporary permit: A permit issued in lieu of a permanent permit for a period designated on the permit.

(10) Disabled permit: A permit issued to a person with a physical, mental or sensory impairment.

(11) College term: Unless otherwise designated, the time period commencing with the summer quarter of the calendar year and extending through the subsequent fall, winter, and spring quarters. The summer quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(12) Campus: The grounds and buildings of the college.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-030, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-030, filed 6/3/77.

Wash. Admin. Code § 132V-116-040 Applicable traffic rules and regulations.

The traffic rules and regulations which are applicable for the college are:

(1) The motor vehicle and traffic codes of the state of Washington.

(2) The traffic ordinances of the city of Tacoma.

(3) The other rules and regulations hereinafter described in this chapter.

History

Order 77-2, § 132V-116-040, filed 6/3/77.

Wash. Admin. Code § 132V-116-050 Parking and traffic responsibility.

The vice president for administrative services is responsible for parking and traffic management on campus. In general, the responsibility is delegated to the college's public safety supervisor, who is authorized to coordinate directly with the vice president for administrative services and others on campus as required by his/her duties.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-050, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-050, filed 6/3/77.

Wash. Admin. Code § 132V-116-060 Permits required for motor vehicles on campus.

No student or employee shall stop, park, or leave a motor vehicle, whether attended or unattended, upon the campus without first being issued a temporary, permanent, or disabled parking permit, except that:

(1) Any student parking on campus will be given ten calendar days from the first day of each quarter to obtain a permit from the office of public safety.

(2) Any employee parking on campus must obtain a permit within ten calendar days after commencing employment with the college, and where applicable, will renew the permit within ten days after its expiration.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-060, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-060, filed 6/3/77.

Wash. Admin. Code § 132V-116-070 Registration of vehicles.

All students and employees who operate motor vehicles, including motorcycles, on the campus will register them with the office of public safety.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-070, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-070, filed 6/3/77.

Wash. Admin. Code § 132V-116-080 Authorization for issuance of permits.

The office of public safety is authorized to issue parking permits to members of the college community pursuant to the following regulations:

(1) Students may be issued parking permits upon the registration of their vehicles with the office of public safety pursuant to this subsection (1).

(2) Employees may be issued parking permits pursuant to WAC 132V-116-060(2).

(3) Public safety officers may issue temporary parking permits when such permits are necessary to conduct the business or operation of the college.

(4) Public safety officers may issue temporary parking permits, not to exceed a period of five working days, for the use of an additional vehicle whenever the registered vehicle is being repaired.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-080, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-080, filed 6/3/77.

Wash. Admin. Code § 132V-116-090 Parking fees.

Fees for parking in designated areas will be established by the board of trustees.

History

Order 77-2, § 132V-116-090, filed 6/3/77.

Wash. Admin. Code § 132V-116-100 Valid permits.

The following are valid permits when they are properly displayed and unexpired:

(1) A permanent permit.

(2) A temporary permit.

(3) A disabled permit.

(4) Carpool permit issued by the city of Tacoma, transit agencies.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-100, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-100, filed 6/3/77.

Wash. Admin. Code § 132V-116-110 Display of permit.

(1) A permanent parking permit shall be affixed to the lower left inside corner of the vehicle windshield.

(2) A temporary permit shall be placed within the vehicle on the left side of the dashboard where it can be plainly observed.

(3) Permits for motorcycles shall be retained by the motorcycle rider who must provide the permit upon request. Permits should not be affixed to motorcycles.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-110, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-110, filed 6/3/77.

Wash. Admin. Code § 132V-116-120 Transfer of permits.

A parking permit is not transferable from person to person. A permit is transferable from vehicle to vehicle as long as the vehicles are registered with the office of public safety.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-120, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-120, filed 6/3/77.

Wash. Admin. Code § 132V-116-130 Permit revocation.

Parking permits are the property of the college and may be revoked for any of the following reasons:

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

(2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or

(3) When it is determined that an application has been falsified; or

(4) When it is determined that a permit has been altered.

History

Order 77-2, § 132V-116-130, filed 6/3/77.

Wash. Admin. Code § 132V-116-140 Right to refuse permit.

The college reserves the right to refuse the issuance of a parking permit when it is deemed to be in the best interests of the college.

History

Order 77-2, § 132V-116-140, filed 6/3/77.

Wash. Admin. Code § 132V-116-150 Responsibility of permit holder.

The permit holder is responsible for all violations of the parking and traffic rules and regulations involving the vehicle for which the permit was issued and to which it was affixed; provided, that such responsibility shall not relieve the operator of the vehicle who violates the rules and regulations. In the event that a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violation(s) of the college regulations.

History

Order 77-2, § 132V-116-150, filed 6/3/77.

Wash. Admin. Code § 132V-116-160 Designation of parking spaces.

Parking spaces shall be designated for the following categories:

(1) Students;

(2) Employees;

(3) Disabled persons;

(4) Visitors;

(5) Other business purposes;

(6) Carpool.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-160, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-160, filed 6/3/77.

Wash. Admin. Code § 132V-116-170 Parking within designated spaces.

All vehicles must be parked in designated spaces only.

(1) No vehicle may be parked in any undesignated area except the following:

(a) Approved maintenance vehicles.

(b) Emergency vehicles.

(d) Approved delivery vehicles.

(2) Unless prior arrangements have been made, no vehicle shall be parked on campus for a period in excess of forty-eight hours. Vehicles which have been parked in excess of forty-eight hours may be impounded and stored at the expense of the owner.

(3) No vehicle shall be parked so as to occupy any portion of more than one parking space. Vehicles may be towed and impounded for this violation.

(4) Parking in designated areas will be strictly enforced between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-170, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-170, filed 6/3/77.

Wash. Admin. Code § 132V-116-180 Regulatory signs and directions.

The office of public safety is authorized to erect signs, barricades, and other structures and to paint marks or other directions upon the entry ways, streets, and parking areas of the campus. Vehicle operators shall observe and obey all regulatory signs and directions and shall comply with traffic control.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-180, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-180, filed 6/3/77.

Wash. Admin. Code § 132V-116-190 Speed limit.

No vehicle shall be operated on the campus at a speed in excess of fifteen miles per hour or as posted. No vehicle shall use the campus parking areas for unauthorized activities.

History

Order 77-2, § 132V-116-190, filed 6/3/77.

Wash. Admin. Code § 132V-116-200 Movement of vehicles.

Except as authorized by the office of public safety, movement of motor vehicle traffic is limited to entrances, drives and parking areas.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-200, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-200, filed 6/3/77.

Wash. Admin. Code § 132V-116-210 Operation of bicycles.

Bicycle and nonengine cycle operators shall observe the following rules and regulations:

(1) They shall be operated in a responsible manner.

(2) They shall not be parked inside a building or block a building entrance.

(3) They should be secured to racks as provided so as not to endanger pedestrian traffic.

(4) Operators will observe traffic rules and regulations when operating on entrances, drives, and parking areas.

(5) Bicycles and nonengine cycles that have been parked in excess of forty-eight hours may be turned over to lost and found for thirty days. If unclaimed they will be donated to charity.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-210, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-210, filed 6/3/77.

Wash. Admin. Code § 132V-116-220 Report of accident.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total or claimed damage to either or both vehicles of any amount shall within twenty-four hours report such accident to the college's office of public safety. This does not relieve any person so involved in an accident from his responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-220, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-220, filed 6/3/77.

Wash. Admin. Code § 132V-116-230 Special traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional and/or heavy traffic and during emergencies, the college's public safety supervisor is authorized to impose special traffic and parking regulations and restrictions for the achievement of the objectives specified in WAC 132V-116-020.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-230, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-230, filed 6/3/77.

Wash. Admin. Code § 132V-116-240 Enforcement.

(1) All parking and traffic rules and regulations shall be enforced throughout the calendar year.

(2) The vice president for administrative services or designee shall be responsible for the enforcement of the rules and regulations contained in this document.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-240, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-240, filed 6/3/77.

Wash. Admin. Code § 132V-116-250 Issuance of traffic citations.

Public safety officers or their subordinates will issue citations for any violations of these rules and regulations. Such citations will include the date, approximate time, vehicle identification number, infraction, name of the officer and schedule of fines. The traffic citations may be served in person, via mail, or by attaching a copy outside the vehicle.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-250, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-250, filed 6/3/77.

Wash. Admin. Code § 132V-116-260 Fines and penalties.

Fines and penalties may be assessed for all violations of these rules and regulations.

(1) The vice president for administrative services, or designee, is the only college employee authorized to impound vehicles parked on college property.

(a) Vehicles wrongfully parked in designated areas or parked in undesignated areas are subject to impound.

(b) Impound and storage expenses shall be the responsibility of the owner of the impounded vehicle.

(d) Impound of a vehicle does not remove the obligation for any fines associated with the citation.

(2) An accumulation of traffic citations by a student in excess of thirty dollars or the failure by a student to satisfy any traffic fines, regardless of the amount thereof, by the end of the academic quarter may result in disciplinary action initiated by the vice president for student services against the student.

(3) The vice president for administrative services shall direct all citations to the office of business services for collection or paid at the cashier's station.

(4) A schedule of fines shall be set by the board of trustees and published on the public safety website and on the portal.

(5) In the event a student fails or refuses to pay a fine, the following may be initiated by the vice president for student services:

(a) Student may not be eligible to register for any more courses until all fines are paid;

(b) Student may not be able to obtain a transcript of his grades or credits until all fines are paid;

(d) Student may be denied future parking privileges;

(e) Student's vehicle may be impounded.

(6) Upon failure of an employee or student to appeal any fine or penalty as set forth herein, or upon a decision by the vice president for administrative services affirming the employee's or student's debt to the college, whichever is applicable, the amount of the fine will be set-off against and deducted from any present or future salary or other financial obligation owed to the employee or student by the college.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-260, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-260, filed 6/3/77.

Wash. Admin. Code § 132V-116-270 Appeal of fines and penalties.

Any fines and penalties levied against a violator of the rules and regulations set forth herein must be appealed in writing, stating fully all grounds for appeal, within five days from the date of the citation, to the public safety supervisor who will:

(1) After notice to the appealing party, confer with said party and review the appeal to determine whether a satisfactory solution can be reached without further administrative action. The public safety supervisor will advise the appellant, as soon as practicable, of his proposed decision.

(2) If the appellant is dissatisfied with the public safety supervisor's proposed decision, the appeal will be forwarded to the parking appeals committee. The decision of the parking appeals committee will be final.

History

Statutory Authority: RCW 28B.50.140(10). WSR 12-21-097, § 132V-116-270, filed 10/23/12, effective 11/23/12
Order 77-2, § 132V-116-270, filed 6/3/77.

Wash. Admin. Code § 132V-116-280 Liability of college.

Except for the college owned and/or operated vehicles, the board assumes no liability under any circumstances for vehicles on campus.

History

Order 77-2, § 132V-116-280, filed 6/3/77.

Chapter 132V-121 Code of student conduct.

Wash. Admin. Code § 132V-121-010 Preamble.

WAC 132V-121-010

Tacoma Community College has a responsibility to create and maintain an environment that balances freedom of expression with freedom from threats to safety, both physical and emotional. Each member of the college community is obligated to act in a manner that promotes the college's mission of meaningful and relevant learning, equity and student success.

Admission to Tacoma Community College carries with it the expectation that the student will conduct himself/herself as a responsible member of the academic community and observe the principles of mutual respect, personal and academic integrity and civility. The code of student conduct establishes rules governing academic and social conduct of students, including due process rights.

History

Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-010, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-020 Authority.

WAC 132V-121-020

The Tacoma Community College board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer student disciplinary action. The president is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president of student affairs or their designee. Except in cases involving allegations of sex discrimination, including sex-based harassment, the student conduct officer, or delegate, shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-020, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-020, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-030 Statement of jurisdiction.

WAC 132V-121-030

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

(a) On college premises;

(b) At or in connection with college programs or activities; or

(c) Off college premises, if in the judgment of the college, the conduct has an adverse impact on the college community, the pursuit of its objectives, or the ability of a student or staff to participate in the college's programs and activities.

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

(3) Students are responsible for their conduct from the time they gain admission to the college through the last day of enrollment or award of any 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 enrollment.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-030, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-030, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-040 Statement of student rights.

WAC 132V-121-040

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

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-040, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-040, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-050 Definitions.

WAC 132V-121-050

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

(1) "Advisor" is someone a student selects to accompany them to an investigative meeting. This can be an attorney, selected by the student at their own expense.

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

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

(4) "Complainant" is a student, employee, or another member of the college community who was participating or attempting to participate in college programs and activities at the time of the alleged violation, and who is directly affected by a claimed violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may file complaints alleging a violation of the student conduct code. A complainant who is directly affected by a claimed violation of this student conduct code is afforded certain rights including, but not limited to:

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

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

(5) "Conduct review officer" is a college administrator designated by the president who is responsible for reviewing or referring appeals of student disciplinary actions as specified in this code.

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

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

(8) "Filing" is the process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Unless otherwise provided, filing shall be accomplished by:

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

(b) By sending the document by email and first class mail to the specified college official's office and college email address.

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

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

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

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

(10) "Program" or "programs and activities" means all operations of the college.

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

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

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

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

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

(13) "Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered a "student" for purposes of this chapter.

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-050, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-050, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-060 Prohibited student conduct.

WAC 132V-121-060

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

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

(2) Abuse in later life.

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

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

(3) Academic dishonesty. Any act of academic dishonesty, including:

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

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

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

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

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

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

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

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

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

(6) Cannabis, drug, and tobacco violations.

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

(b) Drugs. The use, possession, production, 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.

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

(7) Cyber misconduct. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, applications (apps), 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.

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

(9) Discriminatory harassment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Humiliation by ritual act;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(19) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sex discrimination prohibited by Title IX is defined in the Supplemental Title IX procedures to this code. See WAC 132x-xx-xxx. Sex discrimination or sexual misconduct that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

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

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

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

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

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

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

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

(E) Other sex-based harassment in the college's education program or activity.

(b) Sexual violence. "Sexual violence" includes nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, incest, statutory rape, domestic violence, dating violence, and stalking.

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

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

(iii) Incest is 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.

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

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

(vi) Dating violence is physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

(A) The length of the relationship;

(B) The type of relationship; and

(vii) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or to suffer substantial emotional distress.

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

(i) Each party has the responsibility to make certain that the other has consented before engaging in the activity.

(ii) For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

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

(iv) Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(20) 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.

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

(22) Weapons. Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus and during college programming and activities, subject to the following exceptions:

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

(b) Students with legally issued weapons permits may store their weapons in their vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view.

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-060, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-060, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-070 Corrective action, disciplinary sanctions, terms and conditions.

WAC 132V-121-070

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

(a) Warning. A verbal or written statement to a student that there is a violation and that continued violation may be cause for disciplinary action. Warnings are corrective actions, not disciplinary, and may not be appealed.

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

(c) Disciplinary probation. Formal action placing specific conditions and restrictions upon the student's continued attendance depending upon the seriousness of the violation and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction which may include, but is not limited to, a suspension or a dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

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

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

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

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

(c) Not in good standing. A student deemed "not in good standing" with the college 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.

(d) No contact directive. A directive to a student to have no contact with a specified individual, whether another student, college employee, or a member of the college community, or prohibiting a student from entering a particular college facility or participating in specified college programs or activities.

(e) Professional evaluation. Referral for drug, alcohol, psychological or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-070, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-070, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-080 Hazing sanctions.

WAC 132V-121-080

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

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

(3) Any student group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-080, filed 6/16/26, effective 7/17/26. Statutory Authority: RCW 28B.50.140(13). WSR 11-24-031, § 132V-121-080, filed 12/1/11, effective 1/1/12.

Wash. Admin. Code § 132V-121-090 Initiation of disciplinary action.

WAC 132V-121-090

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

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

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

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

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

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

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

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

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

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

(9) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing him or her to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the conduct code the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting.

(10) At the meeting, the student conduct officer will present the allegations to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

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

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

(a) Exonerate the respondent and terminate the proceedings;

(b) Impose a disciplinary sanction(s), with or without conditions, as described in WAC 132V-121-070; or

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-090, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-100 Appeal from disciplinary action.

WAC 132V-121-100

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

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

(3) The parties to an appeal shall be the respondent, complainant, if any, and the student conduct officer.

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

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

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

(7) A conduct review officer shall conduct a brief adjudicative proceeding for appeals of:

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation;

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

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

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

(b) Dismissals;

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

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

(10) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the complainant has the right to appeal the following actions by the student conduct officer following the same procedures as set forth above for the respondent:

(a) The dismissal of a complaint of sexual misconduct that is not subject to the college's supplemental Title IX code of conduct; or

(b) Any disciplinary sanctions and conditions imposed against a respondent for a violation, including a disciplinary warning, involving sexual misconduct that is not subject to the college's supplemental Title IX code of conduct.

(11) If the respondent timely appeals a decision imposing discipline for a violation of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the college shall notify the complainant of the appeal and provide the complainant an opportunity to intervene as a party to the appeal.

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-100, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-110 Brief adjudicative proceedings—Initial hearing.

WAC 132V-121-110

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

(2) The parties to a brief adjudicative proceeding are the respondent, the student conduct officer, and in cases involving sexual misconduct not subject to the college's supplemental Title IX code of conduct, the complainant. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

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

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

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

(4) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the conduct review officer, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions or conditions, or both, imposed upon the respondent for the complainant's protection. The notice will also inform the complainant of their appeal rights.

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-110, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-120 Brief adjudicative proceedings—Review of an initial decision.

WAC 132V-121-120

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

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

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

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 20 calendar days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within 20 calendar days after the request is submitted.

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

(6) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the president, on the same dates as the final decision is served on the respondent, will serve written notice on the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions or conditions, or both, imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. This notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-120, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-130 Student conduct committee.

WAC 132V-121-130

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

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

(b) Two faculty members appointed by the president; and

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

(2) The faculty member or administrator appointed on a yearly basis shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-130, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-140 Student conduct committee—Prehearing.

WAC 132V-121-140

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

(2) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven calendar days in advance of the hearing date. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown. The notice must include:

(a) A copy of the student conduct code;

(b) The basis for jurisdiction;

(d) A summary of facts underlying the allegations;

(e) The range of possible sanctions that may be imposed; and

(f) A statement that retaliation is prohibited.

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

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

(5) The chair may provide to the committee members in advance of the hearing copies of:

(a) The student conduct officer's notification of imposition of discipline (or referral to the committee); and

(b) The notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

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

(7) The student conduct officer shall provide reasonable assistance to the respondent and complainant in procuring the presence of college students, employees, staff, and volunteers to appear at a hearing, provided the respondent and complainant provide a witness list to the student conduct officer no less than three business days in advance of the hearing. The student conduct officer shall notify the respondent and complainant no later than 24 hours in advance of the hearing if they have been unable to contact any prospective witnesses to procure their appearance at the hearing. The committee chair will determine how to handle the absence of a witness and shall describe on the record their rationale for any decision.

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

(9) In cases heard by the committee, each party may be accompanied at the hearing by an advisor of their choice, which may be an attorney retained at the party's expense.

(10) For any matters involving a disciplinary sanction of suspension of more than one quarter, dismissal, or sexual misconduct, the college shall provide an advisor to the respondent and any complainant, if they have not otherwise identified an advisor to assist them during the hearing. The committee will ordinarily be advised by an assistant attorney general or their designee. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may be represented by an assistant attorney general.

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

(12) Extensions of time. The chair may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date. The party requesting an extension must do so no later than 48 hours before any date specified in the notice of hearing or by the chair in any prehearing conference. The written request must be served simultaneously by email to all parties and the chair. Any party may respond and object to the request for an extension of time no later than 24 hours after service of the request for an extension. The chair will serve a written decision upon all parties, to include the reasons for granting or denying any request. The chair's decision shall be final. In exceptional circumstances, for good cause shown, the chair may, in their sole discretion, grant extensions of time that are made less than 48 hours before any deadline.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-140, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-150 Student conduct committee—Presentation of evidence.

WAC 132V-121-150

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

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

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

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

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

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

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

(6) All testimony shall be given under oath or affirmation. Except as otherwise provided in this section, evidence shall be admitted or excluded in accordance with RCW 34.05.452.

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-150, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-160 Student conduct committee—Initial decision.

WAC 132V-121-160

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

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

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

(4) The committee chair shall cause copies of its decision to be served on the parties and their attorney, if any. The notice will inform all parties of their appeal rights. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

(5) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions or conditions, or both, imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. The complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of their appeal rights.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-160, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-170 Student conduct committee—Review of initial decision.

WAC 132V-121-170

(1) Any party, including a complainant in sexual misconduct cases, may appeal the committee's decision to the president by filing a written appeal with the president's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

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

(a) Procedural irregularity that would change the outcome;

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

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

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

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

(5) The president shall serve a written decision on all parties and their attorneys, if any, within 20 calendar days after receipt of the appeal. The president's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.

(6) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the president, on the same date that the final decision is served upon the respondent, shall serve a written notice informing the complainant of the final decision. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any disciplinary sanctions or conditions, or both, imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent.

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-170, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-180 Summary suspension.

WAC 132V-121-180

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

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

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

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

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

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

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

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

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included warning 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 or conduct review officer, or to attend a disciplinary hearing.

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

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

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

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

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

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

(6) In cases involving allegations of sexual misconduct not subject to the college's supplemental Title IX code of conduct, the complainant shall be notified that a summary suspension has been imposed on the same day that the summary suspension notice is served on the respondent. The college will also provide the complainant with timely notice of any subsequent changes to the summary suspension order.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-180, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-190 Order of precedence.

WAC 132V-121-190

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Sec. 106. To the extent these supplemental hearing procedures conflict with the college's standard disciplinary procedures, WAC 132V-121-010 through 132V-121-180, these supplemental procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-190, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-200 Prohibited conduct under Title IX.

WAC 132V-121-200

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

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

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

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

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

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

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

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

(4) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-200, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-210 Title IX jurisdiction.

WAC 132V-121-210

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

(a) Occurred in the United States;

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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, WAC 132V-121-010 through 132V-121-180.

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-210, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-220 Initiation of discipline.

WAC 132V-121-220

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

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-220, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-230 Prehearing procedure.

WAC 132V-121-230

(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 132V-121-140. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-230, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-240 Rights of parties.

WAC 132V-121-240

(1) The college's student conduct procedures, WAC 132V-121-090 through 132V-121-150 and this supplemental procedure shall apply equally to all parties.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-240, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-250 Evidence.

WAC 132V-121-250

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

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

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-250, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-260 Initial order.

WAC 132V-121-260

(1) In addition to complying with WAC 132V-121-160, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-260, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-270 Appeals.

WAC 132V-121-270

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-270, filed 6/16/26, effective 7/17/26.

Wash. Admin. Code § 132V-121-280 Interpretation and revision.

WAC 132V-121-280

(1) Any question of interpretation or application of the code of student conduct will be referred to the vice president for student services or his or her designee for final determination.

(2) The code of student conduct will be reviewed every five years under the direction of the student conduct administrator.

History

Statutory Authority: RCW 28B.50.140(13), 28B.10.900, 28B.10.904, 28B.10.906, and chapter 34.05 RCW. WSR 26-13-103, s 132V-121-280, filed 6/16/26, effective 7/17/26.

Chapter 132V-123 Final course grade appeal process.

Wash. Admin. Code § 132V-123-010 Definitions.

For purposes of this chapter, the following definitions apply.

Appropriate dean or manager means the administrator responsible for the respective department offering the course which is under appeal.

Arbitrary or capricious manner means in a manner deemed to be inappropriately subjective or otherwise inconsistent with the learning assessment process stated on the syllabus.

Documentation means all materials relevant to the grade determination and to the grade appeal process. Examples include grade reports, graded work, syllabus, student/faculty correspondence, etc.

Final grade means the grade received in the course and reported to enrollment services.

Hearing committee means a group consisting of:

(a) Two students selected by the president of the associated student body.

(b) Two faculty members selected from four faculty elected each fall in instructional council to serve for the year.

Written appeal means a document that includes:

(a) A clear statement of why the student believes his or her final grade was not properly awarded.

(b) What the student has done to resolve the issue.

Written communication means either electronic (TCC email) or traditional correspondence.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-06-008, § 132V-123-010, filed 2/22/13, effective 3/25/13.

Wash. Admin. Code § 132V-123-020 Informal resolution.

If a student feels his or her final course grade was awarded incorrectly, in error, or in an arbitrary or capricious manner, his or her actions shall follow the steps below to address the discrepancy. Every effort will be made to resolve the discrepancy at the first level.

(1) Step 1.

(a) The student shall contact the instructor to discuss the student's concerns. This contact shall occur prior to the fifth instructional day of the next quarter. For a spring quarter grade this step may occur prior to the fifth instructional day in either of the following summer or fall quarters.

(b) This contact shall include:

(i) Discussing reasons the student believes there is a discrepancy;

(ii) Presenting other documentation that may have been overlooked in the determination of the final course grade.

(2) Step 2.

(a) The student shall contact the program/department chair or designated faculty member to discuss the student's concerns. This contact shall occur prior to the tenth instructional day of the next quarter.

(b) This contact shall include:

(i) Reasons the student believes there is a discrepancy;

(ii) Documentation;

(iii) The results of the meeting with the faculty member.

(c) The chair or designated faculty member will discuss the situation with the faculty member before giving the student his or her recommendation.

(d) The chair or designated faculty member will inform the student of his or her recommendation. This shall occur prior to the 15th instructional day of the next quarter. The chair or designated faculty member's recommendation is not binding.

(e) The chair or designated faculty member will inform the student of the formal appeal process if the chair's recommendation is not satisfactory to the student.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-06-008, § 132V-123-020, filed 2/22/13, effective 3/25/13.

Wash. Admin. Code § 132V-123-030 First level of formal appeal.

If a student is not satisfied with the informal resolution, he or she may begin the formal appeal.

(1) Step 1. The student must contact the appropriate dean or manager and present documentation and a written grade appeal. This contact shall occur prior to the 20th instructional day of the next quarter.

(2) Step 2. The dean or manager will investigate the grade appeal and provide written communication of the findings and decision to the faculty member and the student. The findings and decision shall be provided to the student within ten instructional days after receiving the written appeal. The investigation will include:

(a) Reviewing the faculty member's documentation;

(b) Reviewing the student's written appeal and documentation;

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-06-008, § 132V-123-030, filed 2/22/13, effective 3/25/13.

Wash. Admin. Code § 132V-123-040 Second level of formal appeal.

If either party is not satisfied with the first level of formal appeal decision, he or she may begin the second level of the formal appeal process.

(1) Step 1. The applicable party will present the executive vice president for academic and student affairs with a written appeal of the first level decision and documentation.

(2) Step 2. The executive vice president or his or her designee will investigate the appeal. This investigation shall be completed within ten instructional days of receiving the appeal. The investigation will consist of a review of all student and faculty member documentation and the findings of the dean or manager.

(3) Step 3. The executive vice president shall within ten instructional days of receiving the appeal:

(a) Make a final decision; or

(i) The final decision will be conveyed in writing to the student, faculty member, and dean.

(ii) Any decision made by the executive vice president and pursuant to this section is a final agency decision.

(b) Convene a hearing committee pursuant to WAC 132V-123-010.

(i) The committee will hear testimony from the student and from the faculty member.

(ii) The committee will examine documentation.

(iii) A decision shall be made by majority vote in deliberations.

(iv) The decision shall be communicated to the student and the faculty member within five instructional days of the hearing after all testimony and documentation have been presented.

(v) Any decision made by the committee is a final agency decision.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-06-008, § 132V-123-040, filed 2/22/13, effective 3/25/13.

Chapter 132V-130 Hazing policy.

Wash. Admin. Code § 132V-130-010 Hazing prohibited—Sanctions.

WAC 132V-130-010

(1) Hazing is prohibited at Tacoma Community College.

Hazing is any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a college sponsored 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, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Consent is not a valid defense against hazing.

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

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

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

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

History

Statutory Authority: RCW 28B.50.140 and 2022 c 209. WSR 26-13-104, s 132V-130-010, filed 6/16/26, effective 7/17/26. Statutory Authority: SSB 5075 passed by the 1993 legislature. WSR 96-16-036, § 132V-130-010, filed 8/1/96, effective 9/1/96.

Chapter 132V-135 Tacoma Community College.

Wash. Admin. Code § 132V-135-010 Campus policy.

Tacoma Community College is an educational institution provided and maintained by the people of the state of Washington. College premises are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities, and other activities related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the college's premises are dedicated. Accordingly, the college is a designated limited public forum opened for the express purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this chapter.

The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college premises for both college and noncollege groups. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of speech, assembly, or expression. The college recognizes that college groups should be accorded the opportunity to utilize college premises to the fullest reasonable extent possible. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

It is the policy of Tacoma Community College to support the educational goals of all students regardless of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, disability, or status as a disabled veteran. The college is committed to protecting the rights and dignity of each individual in the campus community and so will not tolerate discrimination of any kind, at any level.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-010, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 132V-135-020 Definitions.

The definitions and phrases in this section apply throughout this chapter.

College employee includes any person employed by the college performing assigned administrative or professional responsibilities.

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

College premises includes all land, buildings, facilities, and other property in the possession of, owned, controlled, or leased/rented by the college, and agencies or institutions that have educational agreements with the college, including associated websites and distance learning classroom environments.

Educational use includes, but is not limited to, instruction, research, public assembly of college groups, student activities, and other activities related to the educational mission of the college.

Expressive activities includes informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of assemblies to share information, perspective, or viewpoints.

Limited public forum areas means those areas of the campus that the college has designated as places for expressive activities including those protected by the first amendment, subject to reasonable time, place, or manner restrictions.

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

Student means any person who is admitted to or enrolled for classes through the college, including any person in affiliated distance learning courses.

Student activity means any event or activity sanctioned by the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-020, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 132V-135-030 Use of college premises.

Subject to the regulations and requirements of this policy, noncollege groups may use college premises for expressive activities between the hours of 7:00 a.m. and 10:00 p.m. and no longer than eight hours from beginning to end. College groups may use college premises as approved by the vice president for student services or designee. Provisions of this section apply to both college and noncollege groups. However, unscheduled events by college groups may be permitted so long as the event does not interfere with any other function of the college.

(1) College groups are required to request accommodation for an activity a minimum of twenty-four hours in advance of an event.

(2) Noncollege groups are required to request accommodation a minimum of three business days in advance of an event.

(3) College groups and noncollege groups are required to submit, but not limited to, the following information when requesting accommodation:

(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the activity; and

(b) The name, address, and telephone number of a contact person for the sponsoring organization; and

(d) The nature and purpose of the activity; and

(e) The type of sound amplification devices to be used in connection with the activity, if any; and

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

(4) All expressive activities will be held in a location the college has designated as a limited public forum area.

(5) All areas impacted by expressive activities will be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization or individual for the costs of extraordinary cleanup or for the repair of damaged property.

(6) There will be no overnight camping on college premises. Camping is defined to include sleeping, cooking, storing personal belongings, personal habitation, or the erection of tents or other shelters or structures used for the purposes of personal habitation.

(7) Posting and displaying signage, banners, posters, etc., will adhere to established college policy.

(8) Sound amplification shall not disrupt or disturb the normal use of classrooms, offices or laboratories or any previously scheduled college event or activity. The college will determine the time, place, and manner of sound amplification devices.

(9) All fire, safety, sanitation, or special regulations specified for the event will be obeyed in accordance with applicable regulations such as the Tacoma Community College security and fire safety report. The college will not allow utility connections, water hookups, or sanitation systems for purposes of expressive activities conducted pursuant to this policy.

(10) The activity will not be conducted in such a manner as to obstruct vehicular, bicycle, pedestrian, or other traffic to include interference with ingress or egress to college premises or to college activities or events. The activity will not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees of the college.

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

(12) College premises will not be used for commercial sales, solicitations, advertising, or promotional activities, unless:

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

(b) Such activities are under the sponsorship of a college department or office, college administration, or ASTCC constitutionally recognized student club.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-030, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 132V-135-040 Posting and distribution of materials.

College groups may post information on bulletin boards, kiosks, and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site(s) designated for noncollege groups. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-040, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 132V-135-050 Posting of a bond and hold harmless statement.

When using college premises, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with established college policy. When the college grants permission to a college group or noncollege group to use its premises it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-050, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 132V-135-060 Consequences for violation of provisions of this chapter.

(1) Noncollege groups who violate provisions of this chapter will be advised of the specific nature of the violation and, if they persist in the violation, will be requested by the college president or designee to leave the college premises. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college premises of the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW or municipal ordinance. Remaining on or reentering campus premises after one's license or privilege to be on college premises has been revoked will constitute trespass, and such individuals will be subject to arrest for criminal trespass.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 13-21-137, § 132V-135-060, filed 10/22/13, effective 11/22/13.

Chapter 132V-305 Nondiscrimination and harassment policy and grievance procedure.

Wash. Admin. Code § 132V-305-010 Statement of policy.

Tacoma Community College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act, and Washington state's law against discrimination, chapter 49.60 RCW and their implementing regulations. To this end, Tacoma Community College has enacted policies prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the college or from employment.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-010, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-020 Objective and responsibilities.

Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination or harassment should report the incident or incidents to the college's Title IX coordinator or designee. The college's Title IX coordinator is posted on the college's website. If the complaint is against the Title IX coordinator, the complainant should report the matter to the president's office for referral to an alternate designee.

The Title IX coordinator or designee:

(1) Will accept all complaints and referrals from college employees, applicants, students, and visitors;

(2) Will make determinations regarding how to handle requests by complainants for confidentiality;

(3) Will keep accurate records of all complaints and referrals for the required time period;

(4) May conduct investigations or delegate and oversee investigations conducted by a designee;

(5) May impose interim remedial measures to protect parties during investigations of discrimination or harassment;

(6) Will issue written findings and recommendations upon completion of an investigation;

(7) May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.

The college encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally. For complainants who wish to submit a written complaint, a formal complaint form is available on the college website. Hard copies of the complaint form are available at the following locations on campus: Student services administration office, advising and counseling center, and human resources office.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-020, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-030 Definitions.

The following definitions are specific to the terms of this procedure and do not modify or revise similar terms as used in related procedures or collective bargaining agreements.

Advisor: A person of the complainant or respondent's choosing who can accompany the complainant or respondent to any related meeting or proceeding.

College: Tacoma Community College main campus and any other campus or college facility which may be created by the board of trustees.

College employee: any person employed by the college performing assigned administrative or professional responsibilities.

Complainant: Employee(s), applicant(s), student(s), or visitors(s) of Tacoma Community College who alleges that she or he has been subjected to discrimination or harassment due to his or her membership in a protected class.

Complaint: A description of facts that allege violation of the college's policy against discrimination or harassment.

Consent: Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

Discrimination: Unfavorable treatment of a person based on that person's membership or perceived membership in a protected class. Harassment is a form of discrimination.

Force: Use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation and coercion that overcome resistance or produce consent. Sexual activity that is forced is by definition nonconsensual, but nonconsensual sexual activity is not by definition forced.

Harassment: A form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include, but are not limited to, the following:

(a) Epithets, "jokes," ridicule, mockery or other offensive or derogatory conduct focused upon an individual's membership in a protected class.

(b) Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.

(c) Making, posting, emailing, texting, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class.

Hazing: Any method of initiation into a student group or any pastime or amusement engaged in with respect to such a group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending any institution of higher education or postsecondary education. Excluded from this definition are "customary athletic events or other similar contests or competitions."

Hostile environment: Any situation in which there is harassing conduct that is based on protected class status and is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational or social programs.

The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include:

(a) The frequency of the conduct;

(b) The nature and severity of the conduct;

(d) Whether the conduct was directed at more than one person;

(e) Whether the conduct arose in the context of other discriminatory conduct;

(f) Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;

(g) Whether the speech or conduct deserves protections of academic freedom or the first amendment.

Protected class: Persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal.

Resolution: The means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation, or the formal imposition of disciplinary sanction.

Respondent: Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

Sexual exploitation: Occurs when one person takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: Invasion of sexual privacy, engaging in voyeurism, nonconsensual video or audio taping of sexual activity; sexually based stalking and/or bullying may also be forms of sexual exploitation.

Sexual harassment: A form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's gender. There are two types of sexual harassment.

(a) Hostile environment sexual harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college's educational and/or social programs.

(b) Quid pro quo sexual harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors. Examples of conduct that may qualify as sexual harassment include:

(i) Persistent comments or questions of a sexual nature;

(ii) A supervisor who gives an employee a raise in exchange for submitting to sexual advances;

(iii) A professor who promises a student a better grade in exchange for sexual favors;

(iv) Sexually explicit statements, questions, jokes, photos, or anecdotes;

(v) Unwelcome touching, patting, hugging, kissing, or brushing against an individual's body;

(vi) Remarks of a sexual nature about an individual's clothing, body, or speculations about previous sexual experiences;

(vii) Persistent, unwanted attempts to change a professional relationship to an amorous relationship;

(viii) Direct or indirect propositions for sexual activity;

(ix) Unwelcome letters, emails, texts, telephone calls, or other communications referring to or depicting sexual activities.

Sexual violence: Is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

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

(b) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any 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) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

(d) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

(e) Stalking means intentional and repeated harassment or following of 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.

Working day: Any day on which the college is open and can conduct legal business; typically excludes Saturdays, Sundays, and legal holidays.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-030, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-040 Who may file a complaint.

Any employee, applicant, student or visitor of the college may file a complaint. Complaints may be submitted in writing or verbally. The college encourages the timely reporting of any incidents of discrimination or harassment. For complainants who wish to submit a written complaint, a formal complaint form is available on the college website. Hard copies of the complaint form are available at the following locations on campus: Student services administration office, advising and counseling center and human resources office. Any person submitting a discrimination complaint shall be provided with a written copy of the college's nondiscrimination policies and procedures.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-040, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-050 Confidentiality and right to privacy.

Although Tacoma Community College will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality.

(1) Confidentiality requests and sexual violence complaints. The Title IX coordinator or designee will inform and obtain consent from the complainant before commencing an investigation of a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the college not investigate the allegation, the Title IX coordinator or designee will inform the complainant that (a) the college will attempt to honor complainants' requests for confidentiality but cannot guarantee complete confidentiality, and (b) that maintaining confidentiality may limit the college's ability to fully respond to the allegations and, that (c) retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the college not investigate, the Title IX coordinator or designee will determine whether the college can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the college community, including the complainant.

(2) Factors to be weighed during this determination may include, but are not limited to:

(a) The seriousness of the alleged sexual violence;

(b) The age of the complainant;

(d) Whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;

(e) Whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and

(f) Whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

(3) If the college is unable to honor a complainant's request for confidentiality, the Title IX coordinator or designee will notify the complainant of the decision and ensure that the complainant's identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

(4) If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX coordinator or designee will evaluate whether other measures are available to limit the effects of the alleged harassment and prevent similar incidents and implement such measures if reasonably feasible.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-050, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-060 Responsible employees and reporting responsibilities.

(1) The college is obligated to address acts of sex-based misconduct (including sexual harassment and/or retaliation) of which a responsible employee knew or should have known occurred. A "responsible employee" is any employee who:

(a) Has the authority to take action to redress sex-based misconduct;

(b) Has been given the duty of reporting incidents of sex-based misconduct or any other misconduct by students; or

(2) A responsible employee must report to the Title IX coordinator or designee all relevant details about alleged sex-based misconduct (including sexual harassment and/or retaliation) that the complainant or other person has shared. This includes the name of the alleged respondent, if known, the complainant or other person who experienced or witnessed the alleged sex-based misconduct, others involved in the alleged sex-based misconduct, as well as relevant facts, including the date, time, and location. If the complaint is against the Title IX coordinator, or his or her relative attending or working for the college, the complainant should report the matter directly to the president's office for referral to an alternate designee.

(3) A responsible employee should provide the following information to a complainant:

(a) The reporting obligations (discussed in subsection (2) of this section) of the responsible employee;

(b) Complainant's option to request confidentiality and available confidential resources;

(d) Complainant's right to report a crime to local law enforcement.

(4) For convenience of student complaint reporting, there are college-designated responsible employees and contact information on the college's website.

(5) For a staff complaint of sex-based misconduct (including sexual harassment and/or retaliation) by a student or another staff member, the staff complaint may be reported to the immediate supervisor, with the supervisor report/referral to the Title IX coordinator or designee. A direct report to the Title IX coordinator or designee will be more expeditious in terms of processing the complaint. If the complaint is against the Title IX coordinator, or his or her relative attending or working for the college, the complainant should report the matter directly to the president's office for referral to an alternate designee.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-060, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-070 Investigation procedure, notice and appeal.

Upon receiving a discrimination complaint, the Title IX coordinator or designee will assess the complaint and determine the appropriate steps to take, if any. The Title IX coordinator or designee shall be responsible for commencing and overseeing all investigations. Investigations may be conducted by the Title IX coordinator or designee. If the investigation is assigned to someone other than the Title IX coordinator or designee, the Title IX coordinator or designee shall inform the complainant and respondent of the appointment of an investigator.

(1) Interim measures. The Title IX coordinator or designee may impose interim measures to protect the complainant and/or respondent pending the outcome of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college's student conduct code or the college's employment policies and collective bargaining agreements.

(2) Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty working days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX coordinator or designee who shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the nondiscrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. The Title IX coordinator or designee will issue a decision in writing to each party and to the appropriate student services administrator or appointing authority. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or college employment policies and collective bargaining agreements.

(3) Written notice of decision to the parties and request for reconsideration. The complainant shall be informed in writing of the decision and of actions taken or recommended to resolve the complaint, if any, that are directly related to the complainant, such as a recommendation that the respondent not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the decision and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements.

(4) Informal dispute resolution. Informal dispute resolution processes, including mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve complaints without the complainant's and the respondent's written agreement. If the parties agree to engage in formal dispute resolution, all timelines and limitations herein shall be tolled until a party or the Title IX coordinator or designee provides written notice that they have discontinued mediation which they are free to do at any time. In no event shall informal dispute resolution processes be used to resolve complaints involving allegations of sexual violence.

(5) Final decision/reconsideration. Either the complainant or the respondent may seek reconsideration of the decision by the Title IX coordinator or designee. Requests for reconsideration shall be submitted in writing to the Title IX coordinator or designee within seven working days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven working days, the decision becomes final. If a request for reconsideration is received, the Title IX coordinator or designee shall respond within ten working days that the request is denied or granted. If the request for reconsideration is granted, the Title IX coordinator or designee shall issue an amended decision within ten additional working days from the date that the request for reconsideration was granted. Any amended decision is final and no further reconsideration is available unless provided herein.

(6) Appeal for disciplinary action. If formal sanctions or disciplinary action is imposed as a result of a finding of violation of this policy, a respondent may file an appeal. Appeals should succinctly state the basis of the appeal, such as findings not supported by the evidence, sanction is substantially disproportionate to the severity of the violation, due process was violated.

(7) Student appeal. A student respondent may appeal sanctions or disciplinary action imposed under this policy in accordance with WAC 132V-121-070. The complainant will receive notice of the appeal and may submit either his/her own appeal or a written response to the student respondent's appeal within ten working days, which will be considered by the student conduct appeal board.

(8) Represented employee grievance. A professor or represented staff member may file a grievance under the applicable collective bargaining agreement.

(9) Nonrepresented classified staff employee appeal. Nonrepresented classified staff may file an appeal with the personnel resources board under WAC 357-52-020.

(10) Nonrepresented employee review. Nonrepresented employees may request review of disciplinary action through the supervisory chain of command to the college president within twenty working days of the imposition of discipline. This includes student workers if the discipline imposed resulted from conduct that occurred during the performance of student employment and includes a loss in pay as a sanction (nothing prohibits the Title IX coordinator or designee and/or investigator from referring findings against a student employee to the chief student conduct officer or designee for additional review under the code of student conduct). The request for review must be a signed, written document articulating the grounds for review. The responsible supervisor will respond to the request for review within twenty working days of receipt. If the findings and/or discipline is upheld, the college president's decision will constitute final action and there is no further appeal within the college.

(11) Volunteer or visitor review. A volunteer or visitor respondent may request review by the college president of sanctions imposed in response to findings under this policy.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-070, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-080 Publication of antidiscrimination policies and procedures.

The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president's designee. Any person who believes he or she has been subjected to discrimination in violation of college policy will be provided a copy of these policies and procedures.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-080, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-090 Limits to authority.

Nothing in this procedure shall prevent the college president or designee from taking immediate disciplinary action in accordance with Tacoma Community College policies and procedures, collective bargaining agreements, and federal, state, and municipal rules and regulations.

Nothing in this policy or procedure limits the college from considering applicable policies of the college when investigating complaints. For complaints involving students, nothing in this policy or procedure limits the college from evaluating the conduct of any student under the code of student conduct.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-090, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-100 Nonretaliation, intimidation and coercion.

Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX coordinator or designee or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the Title IX coordinator or designee immediately.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-100, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-110 Criminal complaints.

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with appropriate law enforcement authorities.

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-110, filed 1/15/16, effective 2/15/16.

Wash. Admin. Code § 132V-305-120 Other discrimination complaint options.

Discrimination complaints may also be filed with the following federal and state agencies:

(1) Washington State Human Rights Commission;

(2) U.S. Department of Education Office for Civil Rights;

(3) Equal Employment Opportunity Commission.

History

Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, § 132V-305-120, filed 1/15/16, effective 2/15/16.

Chapter 132V-325 State Environmental Policy Act.

Wash. Admin. Code § 132V-325-010 Authority.

It shall be the policy of Community College District 22 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. (Tacoma Community College Board Policy, Chapter VIII, Section 8.3030; 10-76.)

History

Order 77-1, § 132V-325-010, filed 6/3/77.

Wash. Admin. Code § 132V-325-020 Responsibility.

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

History

Order 77-1, § 132V-325-020, filed 6/3/77.

Chapter 132V-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132V-400-010 Grounds for ineligibility.

Any student found to have violated chapter 69.41 RCW, legend drugs, by virtue of a criminal conviction or by decision of the college's designated presiding officer, shall be disqualified from participation in any school-sponsored athletic events or activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 01-24-006, § 132V-400-010, filed 11/21/01, effective 12/22/01
WSR 90-07-038, § 132V-400-010, filed 3/16/90, effective 4/16/90.

Wash. Admin. Code § 132V-400-020 Initiation of ineligibility proceedings.

Any officer of the college or college staff shall have authority to request the commencement of athletic ineligibility hearing proceedings whenever he or she has reasonable cause to believe that the student has violated chapter 69.41 RCW or upon receipt of notice from any source that the student has been convicted of violating chapter 69.41 RCW. Requests to initiate athletic ineligibility hearing proceedings should be submitted to the dean for student services within ten instructional days of the date the person becomes aware of the alleged violation or conviction of chapter 69.41 RCW.

History

Statutory Authority: RCW 28B.50.140(13). WSR 01-24-006, § 132V-400-020, filed 11/21/01, effective 12/22/01
WSR 90-07-038, § 132V-400-020, filed 3/16/90, effective 4/16/90.

Wash. Admin. Code § 132V-400-030 Ineligibility proceedings.

The dean for student services shall designate a presiding officer who shall be a college officer who is not involved with the athletic program to conduct a brief adjudicative hearing. Within ten calendar days the presiding officer shall conduct the hearing and permit the affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482- 34.05.494.

History

Statutory Authority: RCW 28B.50.140(13). WSR 01-24-006, § 132V-400-030, filed 11/21/01, effective 12/22/01
WSR 90-07-038, § 132V-400-030, filed 3/16/90, effective 4/16/90.

Wash. Admin. Code § 132V-400-040 Decision.

Within ten calendar days of the conclusion of the brief adjudicative proceedings, the presiding officer shall give each party a written decision which shall include a brief statement of the reasons for the decision and, in the event of a decision adverse to the student, the period of loss of eligibility to participate in college-supervised athletic events or activities. Any party shall have the right to present, within five calendar days of notification of the presiding officer's decision, a written request for review directed to the dean for student services appealing the decision or the period of loss of eligibility. The request for review shall explain the party's view of the matter. The dean's decision on the appeal will be in writing, including a brief statement of the reasons for the decision and will be the final decision of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 01-24-006, § 132V-400-040, filed 11/21/01, effective 12/22/01
WSR 90-07-038, § 132V-400-040, filed 3/16/90, effective 4/16/90.