Title 132w WAC — Wenatchee Valley College

Chapter 132W-105 Board of trustees.

Wash. Admin. Code § 132W-105-010 Legal status of the board.

By authority contained in the Community College Act of 1967 and as appointed by the governor of the state of Washington, the Wenatchee Valley College board of trustees shall serve the educational needs of Community College District 15 and shall be responsible for developing the policies of Community College District 15 under which Wenatchee Valley College operates. The board will delegate certain responsibilities to the president or designee.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-020 Regular meetings.

Regular meetings of the board shall be held each month, typically on the third Wednesday of each month at such time and place as it may designate.

A regular meeting may be canceled by action of the board or the board chair. A special meeting may, however, be set for another date and time. When a special meeting is scheduled, notice thereof will be given in conformance with the notice requirements for special meetings contained in RCW 42.30.080.

The location of board meetings shall be on one of the college campuses, 1300 Fifth St., Wenatchee, WA, or 116 West Apple Avenue, Omak, WA or at such other places as the board shall determine. The location, including building and room will be included in public notices.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-105-020, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-030 Special meetings.

Special meetings may be called by the chair, or by request of three board members, and they shall be conducted in conformance with Washington state law. Only those items published on the agenda shall be considered at a special meeting.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-040 Executive session.

The board of trustees may hold an executive session during a regular or special meeting. Executive sessions will be held in conformance with Washington state law.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-050 Open meetings.

All regular and special board meetings are open to the public; however, the chair may call an executive session when permitted by Washington state law at which a member of the general public shall not be present unless invited.

Public votes and public records shall be open to the public for inspection and duplication.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-060 Appearances before the board.

Each regular meeting of the board shall provide members of the public an opportunity to address the board on any item of business. Groups and individuals are to submit their statements in writing to the president of the college whenever possible no less than two weeks prior to the time of the meeting. The board encourages groups to designate a spokesperson to address the board on their behalf.

The chair of the board reserves the right to determine time limits on statements and presentations.

The intent of the board shall be to provide equal time for both pro and con presentations. The chair also maintains the right to regulate the subject matter of that which may be presented or discussed at the open meeting including, but not limited to, matters which are the subject of current or pending grievances or adjudicative or disciplinary proceedings. Matters for consideration, discussion, and/or debate will be limited to the extent allowed by the Open Public Meetings Act, chapter 42.30 RCW.

The president of the college shall be given an opportunity, whenever possible, to examine and evaluate each matter of business and to recommend a course of action prior to a decision by the board.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-070 Board offices.

The board shall maintain an office at 1300 Fifth St., Wenatchee, WA 98801-1499, where all records, minutes, and the official college seal shall be kept.

This office shall be open during normal business hours.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-105-080 Presidential authority delegate from board.

(1) The president of the college shall have the authority to exercise in the name of the board all of the powers and duties vested in or imposed upon the board by law except those reserved to the board by the board, including all powers granted to the board as governing body by chapter 39.34 RCW or any other statute. The president of the college shall be directly responsible to the board of trustees. The president shall be the principal administrative officer of the college and shall have general supervision of all operations and programs of the institution.

(2) The president shall be the appointing authority for all administrative exempt, classified, faculty and other employees of the college; the president may delegate some or all of that authority in writing to deans and/or other designees. The president shall carry out all rules, regulations, orders, directives and policies established by the board and shall perform all other duties necessary or appropriate to the administration of the college. The essence of the relationship between the board and the president shall be one of full mutual confidence and completely open communication.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-105-080, filed 5/25/01, effective 6/25/01.

Chapter 132W-109 Practice and procedure.

Wash. Admin. Code § 132W-109-010 Formal hearing policy.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this college. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules now or previously adopted by this college, the model rules prevail.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-020 Appointment of presiding officers.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-030 Method of recording.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-040 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, and an explanation of the facts involved.

Application forms are available at the following address:

Wenatchee Valley College

1300 5th Street

Wenatchee, WA 98801

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-050 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are adopted by reference. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determinations;

(2) Challenges to contents of education records;

(3) Student conduct proceedings;

(4) Parking violations;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in college-sponsored events.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-060 Discovery.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-070 Procedure for closing parts of the hearings.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-109-085 Recording devices.

No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under WAC 132W-109-070, except for the method of official recording selected by the college.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-109-085, filed 5/25/01, effective 6/25/01.

Chapter 132W-112 Students rights and freedoms.

Wash. Admin. Code § 132W-112-001 Policy.

Wenatchee Valley College shall admit all individuals who qualify according to current admission requirements. The college, in compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, The Americans with Disabilities Act, and other applicable laws and regulations, does not discriminate on the basis of race, creed, religion, color, national origin, sexual orientation, mental or physical handicaps, age, or gender in any of its policies, practices, or procedures. This includes, but is not limited to, admissions, employment, financial aid, and educational services, programs, and activities.

Admissions under the running start program are subject to the rules and regulations of the office of the superintendent of public instruction, the state board for community and technical colleges, and the higher education coordinating board. Curriculum offerings shall be provided to meet the educational and training needs of the community. All students, regardless of their courses of study, shall be considered, known, and recognized equally as members of the student body.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-001, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-002 Expressive activities.

This chapter shall be known as facility use for expressive activities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-002, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-010 Classroom rights.

These protections apply to students attending any class at WVC

(1) Student performance shall be evaluated solely on an academic basis (which may include attendance), not on the opinions or conduct in matters unrelated to academic standards.

(2) Students are expected to attend classes for which they are registered. When absence occurs because of illness or other urgent reasons, including hazardous weather conditions, it is the obligation of the student to COMPLETE makeup work deemed necessary by the instructor

(3) Students shall have the right to appeal their academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-020 Protection of freedom of expression.

Students shall be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-030 Protection against improper disclosure.

Individual student views, beliefs, and political associations which faculty members acquire in the course of their work as instructors, advisors, and counselors, are to be considered confidential.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-040 Confidentiality of student records.

Student records are managed in accordance with the Family Educational Rights and Privacy Act (FERPA). To minimize the risk of improper disclosure, academic and disciplinary records shall be separate. Transcripts of academic records shall contain only information about academic status, except when a student is dismissed for misconduct. Record of dismissal for misconduct shall be entered on a student transcript. Academic records, or information from disciplinary or counseling files, shall not be available to unauthorized persons on campus, or to individuals off campus, without the written consent of the student involved, except under legal compulsion or in cases where the safety of persons or property is involved. No records shall be kept which reflect the political activities or beliefs of students. Provision shall be made for the destruction of noncurrent disciplinary records after a period of three years. Administrative staff and faculty members shall respect confidential student information acquired in the course of their work.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-112-040, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-050 Freedom of association.

Students are free to organize and to participate in voluntary associations of their own choosing. To be officially recognized, the associated students of Wenatchee Valley College must grant student organizations an official charter. Procedures for obtaining an official charter can be found in the ASWVC bylaws. To receive or maintain official recognition, a student organization must be open to all students without regard to race, color, gender, creed, national origin, mental or physical handicaps, age, or sexual orientation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-112-050, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-060 Freedom from sexual misconduct.

It is the responsibility of Wenatchee Valley College to maintain an academic work environment free of sexual harassment, which includes sexual harassment, sexual intimidation and sexual violence. Sexual harassment of faculty, staff or students is against the law and will not be tolerated. Sexual harassment violates the dignity of individuals and impedes the realization of the college's educational mission. The college is committed to preventing and addressing sexual harassment of faculty, staff and students through education and by encouraging faculty, staff and students to report any concerns or complaints about sexual harassment. Prompt corrective measures will be taken to stop sexual harassment whenever and wherever it occurs.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-06-005, § 132W-112-060, filed 2/17/21, effective 3/20/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-112-060, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-070 Right to distribution of materials.

Handbills, leaflets and similar materials, whether sold or distributed free of charge, may be distributed by regularly enrolled students and members of recognized student organizations in all areas of the campus, except classrooms, so long as such distribution does not interfere with the educational process, the free flow of traffic, or the rights of others. Such materials shall bear identification as to the distributing organization or individual.

(1) Nonstudents may distribute legal and noncommercial materials on campus in open areas and outside entrances to building so long as such distribution does not interfere with college affairs, scheduled programs and activities, or the free flow of traffic. Material may not be placed on or in automobiles. Inside distribution of materials by nonstudents must have prior approval of the president or a designee.

(2) The college reserves the right at all times to judge each event or activity separately and to regulate the distribution of materials in terms of time, place and manner by furnishing reasonable notice to interested parties.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-080 Commercial activities policy.

College facilities may not be used for commercial solicitation, advertising or promotional activities except when such activities clearly serve educational objectives. These activities must be sanctioned by the president or designee and shall not interfere with college affairs or the free flow of traffic. The college reserves the right to charge commercial vendors for the use of college facilities or space. Students have the right to engage in incidental sales of personal property in a private transaction provided college facilities are not explicitly used for this purpose

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-080, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-090 Freedom of publications and press.

Student publications and the student press are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus. The college has developed a publications code that is used to administer all student publications.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-090, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-103 Statement of purpose.

Wenatchee Valley College District is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities to which the college's facilities and grounds are dedicated. Accordingly, the college designates the common areas of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy. Groups or individuals who are invited or permitted to engage in first amendment activities at the college do not represent an endorsement by Wenatchee Valley College or the board of trustees.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-103, filed 10/28/19, effective 11/28/19.

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

(1) "College facilities" includes all buildings, structures, grounds, office space and parking lots.

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

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

(4) "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.

(5) "Public use areas" means those areas of each campus that the college has chosen to open as places where noncollege groups may assemble for expressive activity protected by the first amendment, subject to reasonable time, place, or manner restrictions.

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-105, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-110 Right to invite off-campus speakers.

Any recognized ASWVC student organization with the written sanction of its adviser, may invite speakers on campus subject to the normal restraints imposed by consideration of the laws of the United States and the state of Washington.

(1) Faculty members may invite speakers to make presentations to classes on topics related to materials being studied.

(2) Faculty organizations may schedule speakers for appearances before faculty groups subject to the normal constraints imposed by consideration of the laws of the United States and the state of Washington.

(3) The appearance of an invited speaker on the campus does not involve an endorsement, either implicit or explicit, of his views by this college, its students, its faculty, its administration or its board of trustees.

(4) The college may require and arrange to have views other than those of the invited speaker represented at the meeting, or at a subsequent meeting. The president may, at his discretion, assign a representative to preside over any meeting where a speaker has been invited.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-110, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-115 Use of facilities.

(1) Subject to the regulations and requirements of this policy, groups may use the campus limited forums for expressive activities between the hours of 8:00 a.m. and 10:00 p.m.

(2) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. When renting college buildings or athletic fields, 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 the college's facility use policy. When the college grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

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

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

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

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

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-115, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-120 Right to be interviewed.

Every student has the right to be interviewed on campus by any legal organization desiring to recruit at the college.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-120, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-125 Additional requirements for noncollege groups.

(1) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. When renting college buildings or athletic fields, 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 the college's facility use policy. When the college grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

(2) Noncollege groups may otherwise use college facilities for expressive activity as identified in this policy.

(3) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for expressive activity on campus:

(a) The public use area may be scheduled. Scheduled groups have priority of use over unscheduled groups:

(i) On the college's Wenatchee campus, the limited public forum is located on the west side of the campus fountain in front of the Van Tassell building.

(ii) On the Omak campus, the limited public forum is located on the north side of campus located adjacent to the garden behind the North Classroom building.

(b) Please contact the vice president of administrative services for more information.

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

(a) The area is not otherwise scheduled; and

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

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

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

(iii) The nature and purpose of the event; and

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-125, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-127 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, in compliance with WVC policy 200.180, distribution of materials. Noncollege groups may distribute materials only at the site 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 19-22-020, § 132W-112-127, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-130 Right to due process.

Students subject to disciplinary action by the college are entitled to a hearing, the procedures for which guarantee that the student will receive fair treatment, and which allow the college to take appropriate action. Pending action on college or civil charges, the status of a student will not be altered, or his or her right to be present on the campus and to attend classes suspended, except for reasons relating to his physical or emotional safety and well-being, or for reasons relating to the safety and well-being of students, staff or college property.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-130, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-112-135 Trespass.

(1) Noncollege groups who violate these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the campus president or designee to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under the criminal trespass provisions of chapter 9A.52 RCW or municipal ordinance.

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

(3) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administration or designee within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice president of administrative services or designee will be the final decision of the college and should be issued within five work days.

History

Statutory Authority: RCW 28B.50.140(13). WSR 19-22-020, § 132W-112-135, filed 10/28/19, effective 11/28/19.

Wash. Admin. Code § 132W-112-140 Freedom from unreasonable search.

Students have the right to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-112-140, filed 5/25/01, effective 6/25/01.

Chapter 132W-115 Code of student conduct.

Wash. Admin. Code § 132W-115-010 Purpose of the disciplinary system.

This code of student conduct protects the unique, diverse community of Wenatchee Valley College. Admission to the college carries with it an expectation that the student will obey appropriate laws, will comply with the policies and procedures of the college, and will maintain a high standard of integrity and honesty. If a student does not accept these responsibilities, corrective action must be taken. The college will impose and carry out sanctions for conduct that interferes with the operation of college. The college may impose sanctions independently of any action taken by civil or criminal authorities. In the case of minors, misconduct may be referred to parents or legal guardians.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-020 Jurisdiction and authority for student discipline.

All rules in this chapter concerning student conduct and discipline apply to every student enrolled at the college whenever the student is engaged in or present at a college-related activity whether occurring on or off college facilities.

The board of trustees, acting pursuant to RCW 28B.50.140(14), has delegated by written order to the president of the college the authority to administer disciplinary action. Pursuant to this authority, the president, or designee, shall be responsible for the administration of the disciplinary procedures provided for herein. However, the president or acting president shall review all disciplinary action in which there is a recommendation that a student be suspended or dismissed.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-030 Violations of law and college regulations.

Students may be accountable both to civil authorities and to the college for acts that constitute violations of law and of this code. Disciplinary action at the college will normally proceed even if criminal proceedings are pending and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

Definitions. When used in the code:

(1) The term "aggravated violation" means a violation that resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal college or college-sponsored activities.

(2) The term "group" means persons who are associated with each other but who have not complied with college requirements for registration or organization.

(3) The terms "institution" and "college" mean Wenatchee Valley College and all of its areas, elements, and programs.

(4) The term "reckless" means conduct that one should reasonably be expected to know would create a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal college operations and/or college-sponsored activities.

(5) The term "student" means any person who is enrolled at the college and for whom the college maintains current educational records, as defined by the Family Rights and Privacy Act of 1974, and related regulations.

(6) The term "college facilities" means buildings or grounds owned, leased, operated, controlled, or supervised by the college, including all appurtenances affixed thereon or attached thereto.

(7) "Board" means the board of trustees of Wenatchee Valley College.

(8) "Liquor" means the definition of liquor as contained within RCW 66.04.010

(9) "Drugs" means a narcotic drug as defined in RCW 69.50.101, a controlled substance as defined in RCW 69.50.201 through 69.50.212, or a legend drug as defined in RCW 69.41.010..

(10) "President" means the chief executive officer of the college appointed by the board of trustees.

(11) "Disciplinary action" means the warning, reprimand, summary suspension, suspension and/or expulsion, probation, of a student for the violation of a rule adopted under this policy.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-040 Student participation.

Students will participate in college matters pursuant to these procedures.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-050 Demand for identification.

For the purpose of determining whether probable cause exists for any application of this code to any behavior occurring on a college facility, college personnel or other authorized personnel may demand that evidence of student enrollment at the college be produced.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-060 Free movement on campus.

The president or designee is authorized in the instance of any event that he or she deems impedes the movement of persons or vehicles or which he or she deems to disrupt the ingress or egress of persons from the college facilities, to prohibit the entry of, or withdraw the license of, or privileges of, a person or persons or any group of persons to enter onto or remain upon any portion of the college facility.

No person or persons may disrupt the ingress or egress of other persons from college facilities. The president or designee is authorized to prohibit or remove from college facilities any person who disrupts ingress or egress therein.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-070 Standards of classroom behavior.

Academic honesty and proper classroom conduct is vital to the very fabric and integrity of the college. All students must comply with an appropriate and sound academic honesty policy and code of honest behavior and classroom conduct policy. All members of the college community are responsible for knowing and understanding the statement on academic honesty and classroom conduct. The statement and procedures will be made readily available to all students and faculty to ensure understanding of the academic honesty system and expected classroom conduct and its proper functioning.

Where suspected violations of the academic honesty system occur, appropriate procedures are designed to protect academic integrity while ensuring due process.

(1) Academic dishonesty: Honest assessment of student performance is crucial to all members of the academic community. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:

(a) The college administration and teaching faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty that occur at the college.

(b) Any student who knowingly submits a fraudulent examination, assignment, or any other academic work product shall have committed an act of academic dishonesty. Acts of academic dishonesty shall be cause for disciplinary action.

(c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in (b) of this subsection, shall be subject to disciplinary action.

(d) This section shall not be construed as preventing an instructor from taking immediate disciplinary action when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This action shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.

(2) Classroom conduct: Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

(a) Any student who substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain class decorum shall be subject to disciplinary action which may include removal from the class.

(b) Any college instructor is authorized to take steps necessary to preserve order and to maintain the effective cooperation of the class in fulfilling course objectives; provided that a student shall have the right to appeal such disciplinary action to the chief student services officer or designee.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-09-009, § 132W-115-070, filed 4/4/14, effective 5/5/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-080 Code of conduct.

Wenatchee Valley College expects that its students, both on and off campus, conduct themselves in a manner that maintains high standards of integrity, honesty and morality at all times. A student who does not follow college rules will be subject to such action as may be deemed appropriate by designated college authorities. Conduct, either on or off campus, should be of such nature as not to reflect adversely on the reputation of the individual or the college. Students arrested for violation of criminal law on or off campus may also be subject to disciplinary action by the college. The following misconduct on college facilities is subject to disciplinary action:

(1) Intentionally or recklessly endangering, threatening, or causing physical harm to any person or oneself, or intentionally or recklessly causing reasonable apprehension of such harm.

(2) Harassment, bullying, abuse: No student shall physically, sexually, or emotionally harass, bully, abuse, coerce, intimidate, seriously embarrass, assault, or recklessly endanger any other person.

(3) Students engaging in any activity which inhibits or interferes with the orderly operation of Wenatchee Valley College or the ability of students and/or college personnel to perform their functions in an orderly environment shall be subject to disciplinary action. No student shall intentionally or recklessly interfere with normal college or college-sponsored activities or any form of emergency services.

(4) Unauthorized entry or use of college facilities.

(5) Knowingly violating the term of any disciplinary sanction imposed in accordance with the code.

(6) Theft of property or services; knowing possession of stolen property.

(7) Violating college policies or procedures by any student or by the guest of any student.

(8) Using tobacco products on the college premises.

(9) The consumption of alcoholic beverages on college property, except in accordance with state of Washington liquor license procedures. The unlawful (as a matter of local, state or federal law) manufacture, distribution, dispensing, possession or use of alcohol, legend drugs, narcotic drugs, or controlled substances including marijuana, on college property or during college-sponsored events, whether on or off campus except when use or possession of a legend drug, narcotic drug, or controlled substance other than marijuana is specifically prescribed by an appropriately licensed health care provider.

(10) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college.

(11) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification.

(12) Refusal to comply with the direction of college officials acting in the legitimate performance of their duties.

(13) Possession or use of firearms (licensed or unlicensed), explosives, dangerous chemicals, or other dangerous weapons or instruments. Legal defense sprays are not covered by this rule. Exceptions to this rule are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer.

(14) Failure to comply with the college's network acceptable use policy, WashingtonOnline (WAOL) memorandum of understanding and/or misuse of computing equipment services and facilities, including use of electronic mail and the internet.

(15) Ethics violation: The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular trade, skill, craft or profession for which the student is taking courses or is pursuing as their educational goal or major. These ethics codes must be distributed to students as part of an educational program, course, or sequence of courses and the student must be informed that a violation of such ethics codes may subject the student to disciplinary action by the college.

(16) Hazing: Conspiracy to engage in hazing or participation in hazing another. Hazing shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living 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 Wenatchee Valley College. Consent is no defense to hazing. The term does not include customary athletic events or other similar contests or competitions. Hazing is also a misdemeanor, punishable under state law.

(17) Initiation violation: Conduct associated with initiation into a student organization, association, or living group, or any pastime or amusement engaged in with respect to an organization, association or living group not amounting to a violation under the definition of hazing. Conduct covered by this definition may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation. Consent is no defense to initiation violation.

(18) Animals, with the exception of service animals, are not allowed on or in college facilities. All service animals on campus shall be under direct physical control, leashed by their owner or custodian and registered with the special populations coordinator.

(19) Gambling: Any form of gambling is prohibited.

(20) Sexual misconduct: The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 132W-115-110 (supplemental Title IX student conduct procedures).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

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

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

(B) Suffer substantial emotional distress.

(d) For purposes of this code, "consent" means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-06-005, § 132W-115-080, filed 2/17/21, effective 3/20/21. Statutory Authority: RCW 28B.50.140(13). WSR 14-09-009, § 132W-115-080, filed 4/4/14, effective 5/5/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-080, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-090 Civil disturbances.

In accordance with provision contained in RCW 28B.10.571 and 28B.10.572:

(1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any employee, or student of the college who is in the peaceful discharge or conduct of their duties or studies.

(2) The college prohibits acts of intimidation as well as actual or threatened violence against co-workers, students, visitors, or any other persons who are on campus or college employees in the course of their duties. The prohibited acts include behavior that interferes with an individual's legal rights of movement, or expression, disrupts the workplace, the academic environment or the college's ability to provide service to the public. See college policy 500.450 violence in the workplace.

(3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any college employee who is engaged in the reasonable exercise of their disciplinary authority.

(4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-09-009, § 132W-115-090, filed 4/4/14, effective 5/5/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-090, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-100 Disciplinary process.

(1) Any infractions of college policies or procedures may be referred by anyone within the college community to the chief student services officer or designee. That official shall then follow the appropriate procedures for any disciplinary action which he or she deems necessary relative to the alleged misconduct.

(2) The disciplinary official may take whatever action deemed appropriate within the framework of this code. If the student concludes that any sanctions imposed are inappropriate, the student may appeal to the disciplinary review board.

(3) If a referral or an appeal is made to the disciplinary review board, the board shall hold a hearing, reach conclusion, and recommend sanctions. The student may appeal all cases involving suspension or dismissal from the college to the president of the college or his/her designee.

(4) The president of the college or his/her designee, after reviewing the case, may reverse, sustain or modify any sanctions. The decision of the president or designee is final.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-09-009, § 132W-115-100, filed 4/4/14, effective 5/5/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-100, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-110 Procedures for resolving disciplinary violations.

(1) The dean of student services is responsible for initiating disciplinary proceedings. The dean of student services may delegate this responsibility to members of his/her staff, and he/she may also establish committees or other hearing bodies to advise or act for him/her in disciplinary matters.

(2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student involved shall be informed at the initial conference or hearing of the sanctions that may be involved.

(3) Upon initiation of formal disciplinary proceedings, the dean of student services or designee shall provide written notification to the student, either in person or by delivery via regular mail to the student's last known address, specifying the violations with which the student is charged. The dean of student services or designee shall set a time and place for meeting with the student to inform the student of the charges, the evidence supporting the charges, and to allow the student an opportunity to be heard regarding the charges and evidence.

(4) After considering the evidence in a case and interviewing the student or students involved, the dean of student services or designee may take any of the following actions:

(a) Terminate the proceeding, exonerating the student or students;

(b) Dismiss the case after whatever counseling and advice may be appropriate; not subject to the appeal rights provided in this code;

(d) Direct the parties to make a reasonable attempt to achieve a mediated settlement;

(e) Impose disciplinary sanctions directly, subject to the student's right of appeal as described in this chapter. The student shall be notified in writing of the action taken except that disciplinary warnings may be given verbally;

(f) Refer the matter to the academic regulations committee requesting their recommendation for appropriate action. The student shall be notified in writing that the matter has been referred to the academic regulations committee.

(5) This section shall not be construed as preventing the appropriate official from summarily suspending a student.

(6) If the dean of student services or his or her designee(s) has cause to believe that any student:

(a) Has committed a felony; or

(b) Has violated any provision of this chapter; and

(c) Presents an imminent danger either to himself or herself, other persons on the college campus or to the educational process; that student shall be summarily suspended and shall be notified by certified and regular mail at the student's last known address, or shall be personally served.

Summary suspension is appropriate only where (c) of this subsection can be shown, either alone or in conjunction with (a) or (b) of this subsection.

(7) During the summary suspension period, the suspended student shall not enter campus other than to meet with the dean of student services or to attend the hearing. However, the dean of student services or the college president may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for a probable cause hearing.

(8) When the president or his/her designee exercises the authority to summarily suspend a student, he/she shall cause notice thereof to be served upon that student by registered or certified mail at the student's last known address, or by causing personal service of such notice upon that student. The notice shall be entitled "notice of summary suspension proceedings" and shall state:

(a) The charges against the student including reference to the provisions of the student code or the law involved; and

(b) That the student charged must appear before the designated disciplinary officer at a time specified in the notice for a hearing as to whether probable cause exists to continue the summary suspension. The hearing shall be held as soon as practicable after the summary suspension.

(9) The summary suspension hearing shall be considered an emergency adjudicative proceeding. The proceeding must be conducted as soon as practicable with the dean of student services or designee presiding. At the summary suspension hearing, the dean of student services shall determine whether there is probable cause to believe that continued suspension is necessary and/or whether some other disciplinary action is appropriate.

(10) If the dean of student services, following the conclusion of the summary suspension proceedings, finds that there is probable cause to believe that:

(a) The student against whom specific violations of law or of provisions of this chapter are alleged has committed one or more of such violations; and

(b) That summary suspension of said student is necessary for the protection of the student, other students or persons on college facilities, college property, the educational process, or to restore order to the campus; and

(c) Such violation or violations of the law or of provisions of this chapter constitute grounds for disciplinary action, then the dean of student services may, with the written approval of the president, continue to suspend such student from the college and may impose any other disciplinary action as appropriate.

(11) A student who is suspended or otherwise disciplined pursuant to the above rules shall be provided with a written copy of the dean of student services' findings of fact and conclusions, as expressly concurred in by the president, which constituted probable cause to believe that the conditions for summary suspension existed. The student suspended pursuant to the authority of this rule shall be served a copy of the notice of suspension by personal service or by registered mail to said student's last known address within three working days following the conclusion of the summary suspension hearing. The notice of suspension shall state the duration of the suspension or nature of other disciplinary action and the conditions under which the suspension may be terminated.

(12) The dean of student services is authorized to enforce the suspension of the summarily suspended student in the event the student has been served pursuant to the notice requirement and fails to appear at the time designated for the summary suspension proceeding.

(13) Any student aggrieved by an order issued at the summary suspension proceeding may appeal to the academic regulations committee. No such appeal shall be entertained, however, unless:

(a) The student has first appeared at the student hearing in accordance with subsection (9) of this section;

(b) The student has been officially notified of the outcome of the hearing;

(d) The appeal conforms to the standards set forth in chapter 132W-109 WAC. The academic regulations committee shall, within five working days, conduct a formal hearing in the manner described in chapter 132W-109 WAC.

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

(15) Order of precedence. Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision. This procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these hearing procedures conflict with Wenatchee Valley College's standard disciplinary procedures in this section.

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

For purposes of this procedure, "sexual harassment" encompasses the following conduct:

(a) 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.

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

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

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

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

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

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

(A) The length of the relationship;

(B) The type of relationship; and

(f) 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.

(17) Title IX jurisdiction.

(a) This procedure applies only if the alleged misconduct:

(i) Occurred in the United States;

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

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

(b) For purposes of this 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 Wenatchee Valley College.

(c) Proceedings under this 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 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 132W-115-080.

(d) 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.

(18) Initiation of discipline.

(a) 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.

(b) If the student conduct officer determines that there are sufficient grounds to proceed under these 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:

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

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

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

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

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

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

(B) An advisor may be an attorney; and

(C) 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.

(19) Prehearing procedure.

(a) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 132W-115-010. In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report to the parties.

(b) 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.

(c) 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.

(20) Rights of parties.

(a) The college's student conduct procedures, WAC 132W-115-110 and this procedure shall apply equally to all parties.

(b) 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.

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

(d) 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.

(21) Evidence. The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(a) 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.

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

(c) 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:

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

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

(d) Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

(e) 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.

(f) 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:

(i) Spousal/domestic partner privilege;

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

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

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

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

(vi) Other legal privileges identified in RCW 5.60.060.

(22) Initial order.

(a) In addition to complying with this section, the student conduct committee will be responsible for conferring and drafting an initial order that:

(i) Identifies the allegations of sexual harassment;

(ii) Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

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

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

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

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

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

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

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

(23) Appeals.

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

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

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
20 U.S.C. § 1092(f)
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-06-005, § 132W-115-110, filed 2/17/21, effective 3/20/21. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-110, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-120 The academic regulations committee (ARC) and serious disciplinary violations.

The Wenatchee Valley College ARC will hear cases referred under this code. In cases involving serious disciplinary violations where suspension or summary suspension from college can result, a subcommittee of the ARC will convene.

(1) An ARC subcommittee, convened by the dean of student services or designee for serious disciplinary violations, will hear and make recommendations on all disciplinary cases referred to it or appealed to it by students. The hearing body will be composed of the following persons:

(a) The committee chair will be a member of the ARC appointed by the president of the college;

(b) The faculty representative will be a member of the ARC appointed by the ARC membership;

(2) None of the above-named persons shall sit on any case in which he or she has been or will be a complainant or witness, in which he or she has a direct or personal interest, or in which he or she has acted previously in an advisory or official capacity. The entire ARC membership shall make decisions regarding eligibility according to this section, including the selection of alternate committee members.

(3) The committee may recommend to the dean of student services that the student involved:

(a) Be exonerated with all proceedings terminated and with no sanctions imposed;

(b) Be disqualified from participation in any school-sponsored athletic events or activities;

(d) Be given a reprimand;

(e) Be placed on disciplinary probation;

(f) Be responsible for restitution for damages resulting from the violation;

(g) Be given a suspension;

(h) Be expelled.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-120, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-130 Procedural guidelines for hearings involving serious disciplinary violations.

(1) The committee chair shall set the time, place and available seating capacity for a hearing.

(2) All committee proceedings will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

(3) The committee chair shall enforce general rules of procedures for conducting hearings consistent with these procedural guidelines.

(4) The student shall be given notice of the date, time and place of the hearing, the charges, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare a defense.

(5) The student or his/her representative shall be entitled to hear and examine the evidence against him or her and be informed of the identity of its sources; and shall be entitled to present evidence in his or her own behalf and question witnesses as to factual matters. The student shall be able to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

(6) Committee hearings may be held in closed session at the discretion of the council, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing invited persons are disruptive of the proceedings, the committee chair may exclude such persons from the hearing room.

(7) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged, but the student's past record of conduct may be taken into account in formulating the committee's recommendation for disciplinary action.

(8) The failure of a student to cooperate with the hearing procedures, however, shall not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.

(9) The student may be represented by counsel and/or accompanied by an advisor of his/her choice. If counsel is present for the student, the college may also have counsel present to assist the council. If the student intends to use an attorney, he or she must notify the dean of student services five days in advance of the formal hearing.

(10) An adequate summary of the proceedings will be kept. As a minimum, such summary would include a tape recording of testimony. Such record will be available for inspections and copying in the office of the dean of student services during regular business hours.

(11) The student will be provided with a copy of the findings of fact and the conclusions of the committee.

(12) If the council's proceedings were to hear a disciplinary matter pursuant to the request of the dean for student services, the council's recommendation shall be forwarded to the dean of student services for disposition of the matter.

(13) The dean of student services or designee shall notify the student of his or her decision.

(14) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.

(15) The dean of student services or designee shall notify the student of his or her decision.

(16) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.

(17) The president of the college or his/her designated representative shall, after reviewing the case, sustain the decision, give directions as to what other disciplinary action shall be taken by modifying its decision, or nullify previous sanctions imposed by reversing the decision. The president or designee shall then notify the dean of student services, the student, and the committee. The president's decision shall be final.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-130, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-140 Disciplinary terms.

The definitions set forth in this section apply throughout.

(1) Disciplinary warning means oral or written notice of violation of college rules.

(2) Reprimand means formal action after censuring a student for violation of college rules for failure to satisfy the college's expectations regarding conduct. Reprimands are made in writing to the student by the disciplinary official. A reprimand indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one or more serious disciplinary actions described below.

(3) Disciplinary probation means formal action placing conditions upon the student's continued attendance because of violation of college rules or failure to satisfy the college's expectations regarding conduct. The disciplinary official placing the student on probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. Disciplinary probation warns the student that any further misconduct will automatically raise the question of dismissal from the college. Disciplinary probation may be for a specified term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

(4) Summary suspension means temporary dismissal from the college and temporary termination of a student's status for a period of time not to exceed ten days which occurs prior to invocation of the formal hearing procedures specified in these rules due to a necessity to take immediate disciplinary action, where a student presents an imminent danger to the college property, or to himself or herself or other students or persons in college facilities on or off campus, or to the educational process of the college.

(5) Suspension means temporary dismissal from the college and temporary termination of student status for violation of college rules or for failure to meet college standards of conduct.

(6) Expulsion means dismissal from the college and termination of student status for violation of college rules or for failure to meet the college standards of conduct for an indefinite period of time or permanently.

(7) Restitution means repayment to the college or to an affected party for damages resulting from a violation of this code.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-140, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-150 Loss of eligibility in college activities and athletics.

Any student found to have violated the standards of student conduct or chapter 69.41 RCW shall, in lieu of or in addition to, any other disciplinary action which may be imposed, be disqualified from participation in any school-sponsored athletic events or activities.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-150, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-160 Student groups and organizations.

Student groups and organizations may be charged with violations of the student code of conduct.

A student group or organization and its officers may be held collectively and individually responsible when violations of this code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group's or organization's leaders or officers.

The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by college officials to take appropriate action designed to prevent or end violations of this code by the group or organization. Failure to make reasonable efforts to comply with college officials' order shall be considered a violation of this code, by the officers, leaders or spokesperson for the group or organization and by the group or organization itself.

Sanctions for group or organization misconduct may include revocation or denial of registration or recognition as well as other appropriate sanctions.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-160, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-170 Appeals.

Disciplinary actions subject to appeal as specified in board policy may be appealed as described below. Notice of an appeal by a student shall be made in writing and addressed to the dean of student services within ten calendar days of the college's giving of the notice of the disciplinary action.

(1) Disciplinary action by a faculty member or other college staff member may be appealed to, and shall be reviewed by, the dean of student services.

(2) Disciplinary action by the appropriate disciplinary official may be appealed to, and shall be reviewed by, the academic regulations committee.

(3) Disciplinary recommendation by the academic regulations committee and subsequent action by the dean of student services, may be appealed to, and shall be reviewed by, the college president or his/her designee.

(4) Disciplinary action by the president shall either indicate approval of the conclusions by sustaining the decision or shall give directions as to what other disciplinary action shall be taken by modifying the decision, or shall nullify previous sanctions imposed by reversing its decision. The president's decision shall be final.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-170, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-180 Transcript notations.

A temporary encumbrance may be placed on a student's college records by the dean of student services while disciplinary proceedings are pending. Permanent notation of disciplinary action will be made on the transcript whenever a student is dismissed for misconduct.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-180, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-190 Refunds and access.

(1) There shall be no refund of tuition and/or fees for the quarter in which disciplinary action is taken.

(2) A student suspended on the basis of conduct which disrupted the orderly operation of the campus or any facility of the district, may be denied access to all or any part of the campus or other facility.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-190, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-200 Readmission after suspension or dismissal.

Any student suspended from the college for disciplinary reasons will normally be readmitted upon expiration of the time period for which the suspension was issued. If the student has been expelled or feels that circumstances warrant reconsideration of a temporary suspension prior to its expiration, or if the student was suspended with conditions imposed for readmission, the student may be readmitted following approval of a written petition submitted to the dean of student services. Such petition must state reasons which support a reconsideration of the matter. Before readmission may be granted, such petition must be reviewed and approved by the college president or designee.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-200, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-210 Reestablishment of academic standing.

Students who have been suspended pursuant to disciplinary procedures set forth in this chapter and whose suspension upon appeal is found to have been unwarranted shall be provided the opportunity to reestablish their academic and student standing to the extent possible within the abilities of the college, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-210, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-115-220 Reporting, recording and maintaining records.

Records of all disciplinary cases shall be kept by the disciplinary official taking or initiating the action. Except in proceedings where the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved, insofar as possible, for not more than three years after resolution of the case. No other records of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other college repository after the date of the student's graduation or not more than five years.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-115-220, filed 5/25/01, effective 6/25/01.

Chapter 132W-117 Parking and traffic.

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

The parking and traffic rules and regulations contained herein provide a fair and uniform method of regulating college vehicular, nonvehicular, and pedestrian traffic and are based on the following objectives:

To protect and control vehicular, nonvehicular, and pedestrian traffic.

To assure access for emergency equipment at all times.

To minimize traffic disturbances during class hours.

To facilitate the work of the college by assuring access for college vehicles and by assigning the limited parking spaces to the most efficient use.

To protect college facilities.

Permission to park or operate a vehicle on college property is governed by these regulations. The purchase of a permit for designated parking does not ensure the regular availability of a parking space.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-020 Authority.

Pursuant to RCW 28B.50.140(10), the board is granted authority to establish rules and regulations for pedestrians and vehicular and nonvehicular traffic over property owned, operated, and/or maintained by the college.

The enforcement of these rules and regulations shall be the responsibility of the security officer designated by the president.

The security officer or designees are authorized to issue parking and traffic citations, impound and/or immobilize vehicles, and control and regulate facilities use, traffic, and parking as prescribed in these rules and regulations.

Any person interfering with a college security officer or designees in the discharge of the provisions of these rules and regulations shall be in violation of RCW 9A.76.020, Obstructing governmental operation, and may be subject to arrest by a peace officer.

Failure by students to abide by these rules and regulations may be considered to be a violation of the code of student conduct.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-020, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-020, filed 5/25/01, effective 6/25/01.

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

(1) College—Wenatchee Valley College, Community College District 15.

(2) College property—Campus property, parking lots, or land owned, leased, controlled or maintained by Wenatchee Valley College.

(3) Immobilization—Rendering a vehicle inoperable by use of a wheel-lock device.

(4) Security officer—The college administrator designated as responsible for managing college security, parking and traffic control.

(5) Impoundment—Removal of a vehicle to a storage facility.

(6) Pedestrian—Any person afoot or who is using a wheelchair or a means of conveyance propelled by human power, other than a bicycle.

(7) Student—Any individual currently registered for classes located on Wenatchee campus property.

(8) Vehicular traffic or vehicles—Those devices defined as "vehicles" in RCW 46.04.670.

(9) Nonvehicular modes of transportation—Nonvehicular transportation devices shall include, but not be limited to, skateboards, snowmobiles, roller skates and roller blades, snow sleds, and scooters.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-040 Applicable traffic rules and regulations—Areas affected.

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

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

(2) The traffic code of the city of Wenatchee, Washington, shall be applicable upon all lands located within the city of Wenatchee, Washington. The traffic code for the city of Omak shall be applicable upon all lands located within the city of Omak.

(3) These regulations shall be applicable to all state lands which are or may hereafter be devoted mainly to educational, research, recreational, or parking activities of the college at the Wenatchee campus of district 15. Paragraphs A through K plus AA and AB shall apply equally to Wenatchee Valley College - North campus.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-050 Speed.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-060 Regulatory signs and directions.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-070 Pedestrians' right of way.

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

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

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-080 Impounding—Illegal parking—Disabled or inoperative or abandoned vehicles.

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

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

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

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

(d) When three unpaid parking violations are on record for any one vehicle.

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

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

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

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-080, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-090 Bicycles and nonvehicular transportation usage.

Bicycles may be ridden any place where vehicles are permitted. They may also be ridden on campus sidewalks or pathways, though pedestrians always have the right of way. An audible signal shall be used by bicyclists to warn pedestrians of oncoming bicycles. Bicyclists shall not ride in a reckless manner or engage in stunts or dangerous acts, or operate at speeds greater than five miles per hour or such lower speed as is reasonable and prudent under the circumstances. With the exception of wheelchair conveyances and certain college service vehicles, no other nonvehicular modes of transportation as specified in the preceding "definitions" will be allowed on college property.

Bicycles shall be parked in bicycle racks or other facilities provided for the purpose. Where such facilities are provided, at no time shall a bicycle be parked in a building, against a building, near a building exit, on a path or sidewalk, or chained or otherwise secured to trees, lamp standards, utilities, stairway railings, or signposts. Any bicycle found in violation of this section may be cited for illegal parking and impounded by the plant office without warning.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-090, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-100 Report of accidents.

The operator of any vehicle involved in an accident on campus where injury or death of any person results, or where either or both vehicles is damaged in any amount, shall within twenty-four hours make a written report of the accident to the vice president of administrative services within one business day. This report does not relieve any person so involved in an accident from his or her responsibility to file a state of Washington motor vehicle accident report.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-100, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-100, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-110 Enforcement.

(1) These rules and regulations will not be enforced Saturdays, Sundays and official college holidays.

(2) The security officer or his or her designee(s) shall be responsible for the enforcement of the rules and regulations contained in this chapter.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-110, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-110, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-120 Permits required for motor vehicles on campus.

Students, employees, guests and visitors shall not stop, park or leave a vehicle whether attended or unattended upon the campus without a parking permit issued pursuant to this chapter; provided, the permit shall not be required of visitors who park in specifically marked visitor areas and the exemptions from traffic and parking restrictions set forth in this chapter.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-120, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-120, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-130 Authorization for issuance of permits.

Parking permits shall be issued to students, employees, guests and visitors of the college pursuant to the following regulations:

(1) The vice president of administrative services is authorized to issue parking permits to students upon the registration of their vehicle with the college at the beginning of each academic period.

(2) Employees may be issued parking permits if they register their vehicle upon employment with the college.

(3) Temporary visitor parking permits or special parking permits may be issued by the vice president of administrative services or his or her designee(s) if issuance enhances the business or operation of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-130, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-130, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-140 Parking fees.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-140, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-150 Valid permits.

The following are valid parking permits, provided they are properly displayed and unexpired:

A student or employee permit.

A temporary permit.

A handicapped permit.

A visitor's permit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-150, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-150, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-160 Display of permit.

(1) A permanent permit shall be displayed hanging from the interior rear view mirror facing out of the vehicle. If the vehicle has no interior mirror, the permit shall be affixed to the driver side lower corner of the windshield.

(2) Permits for motorcycles shall be affixed in visible locations.

(3) A special or temporary parking permit shall be placed on the dashboard of the vehicle where it can be plainly observed.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-160, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-170 Transfer of permits.

Parking permits are not transferable from one person to another.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-170, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-180 Permit revocation.

Parking permits are the property of the college and may be recalled by the vice president of administrative services or his or her designee(s) for any of the following reasons:

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

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

(3) Falsification on a parking permit application;

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-180, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-180, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-190 Right to appeal permit revocation.

When a parking permit has been recalled as provided by this chapter, such action may be appealed pursuant WAC 132W-108-050

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-190, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-200 Responsibility of permit holder.

The permit holder is responsible for the vehicle to which the permit is affixed. Therefore, he or she will be held responsible for any violations charged to that vehicle. However, an operator of a vehicle will not be relieved of responsibility for violating any rule of this chapter simply because he or she is not also the permit holder.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-200, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-210 Right to refuse permit.

The vice president of administrative services may refuse to issue a parking permit when it is deemed in the best interests of the college to do so.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-210, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-210, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-220 Allocation of parking spaces.

The parking space available on campus shall be allocated by the vice president of administrative services or his or her designee(s), in such a manner as will best effectuate the objectives of this chapter.

(1) Faculty and staff reserved spaces will be so designated for their use; and

(2) Student and staff spaces will be so designated for their use; provided, physically handicapped students may be granted special permits to park in close proximity to the classrooms used by such students; and

(3) Parking space will be designated for use of visitors on campus.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-220, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-220, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-230 Parking within designated spaces.

(1) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to this chapter.

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

(3) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

(4) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in, with no part of the vehicle extending more than two feet beyond the yellow line or barrier.

(5) No vehicle shall be parked so as to occupy any portion of more than one space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall will not constitute an excuse for a violation of this section.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-230, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-240 Special traffic and parking regulations authorized.

Upon special occasions causing additional and/or heavy traffic and during emergencies, the vice president of administrative services or his or her designee(s) is authorized to impose additional traffic and parking regulations to achieve the objectives of this chapter.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-240, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-240, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-250 Issuance of traffic citations.

The security officer, or his or her designee(s) may issue citations for any violations of these rules and regulations. Such citations shall include the date, approximate time, vehicle identification number, infraction, identification of the issuing officer and schedule of fines. The traffic citations may be served in person, by mail, or by attaching a copy to a prominent place on the outside of the vehicle.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-250, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-260 Fines and penalties.

The vice president of administrative services or his or her designee(s) is authorized to impose fines and penalties for the violation of rules and regulations contained in this chapter.

(1) Citations will be issued for any of the following violations of the campus parking regulations. The amount of the fines and penalties will be set annually by the board of trustees. Fines may be reduced if paid within twenty-four hours.

(a) No valid parking permit displayed.

(b) Parking out of designated parking space.

(d) Occupying more than one parking space.

(e) Blocking traffic.

(f) Parking in a reserved or restricted area.

(g) Parking in a driveway or walkway.

(h) Parking on grass or landscaped area.

(i) Failure to display handicapped permit.

(j) Use of forged, stolen, or transferred parking permits.

(k) Parking in a loading zone.

(l) Parked in any space designated as handicapped parking where the parked vehicle does not have a valid handicapped permit visible.

(m) Parked at an area designated as a fire lane.

(2) The vice president of administrative services or his or her designee(s) shall be authorized to impound vehicles parked on college property.

(a) Vehicles left abandoned on college property for an unreasonable duration are subject to impoundment by the college, pursuant to state law. An unreasonable duration is a period greater than five working days.

(b) Vehicles involved in more than two violations of these regulations within a twelve-month period are subject to impoundment.

(d) The college shall not be liable for loss or damage of any kind resulting from such impoundment and storage.

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

(3) An accumulation of traffic violations by a student will be cause for disciplinary action, and the vice president of administrative services shall initiate disciplinary proceedings against such student pursuant to WAC 132W-109-050.

(4) Fines will be paid at the cashier's office.

(5) Unpaid fines will be referred to the registration office for notation. When fines are unpaid, transcripts, quarterly grade reports, or permission to reregister may be withheld.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-117-260, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-260, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-270 Appeal of fines and penalties.

Any fines and penalties levied against a violator of the rules and regulations in this chapter may be appealed pursuant to the provisions of WAC 132W-109-050

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-270, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-117-280 Liability of college.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-117-280, filed 5/25/01, effective 6/25/01.

Chapter 132W-125 Withholding services for outstanding debts.

Wash. Admin. Code § 132W-125-010 Statement of policy.

The college expects that students, staff members, faculty members, or former students who receive services for which a financial obligation is incurred will exercise responsibility in meeting these obligations. Appropriate college staff are empowered to act in accordance with regularly adopted procedures to carry out the intent of this policy, and if necessary to initiate legal action to insure that collection matters are brought to a timely and satisfactory conclusion.

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

History

Statutory Authority: RCW 28B.50.140. WSR 22-22-027, § 132W-125-010, filed 10/24/22, effective 11/24/22. Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-125-010, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-125-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-125-020 Withholding services for outstanding debts.

(1) Upon receipt of a request for services where there is an outstanding debt owed to the college from the requesting person, the college shall notify the person by the most expedient means that the services will not be provided since there is an outstanding debt, and further that until that debt is satisfied, no such services will be provided to the individual. The notice shall include a statement to inform the college that he or she has a right to a hearing before a person designated by the president of the college if he or she believes that no debt is owed. The notice shall state that the request for the hearing must be made within twenty-one days from the date of notification.

(2) Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and, at that time, shall hold a brief adjudicative proceeding concerning whether the individual owes or owed any outstanding debts to the institution. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether the college is correct in withholding services and/or applying offset for the outstanding debt.

(a) If the outstanding debt is found to be owed by the individual involved, no further services shall be provided.

(b) Notice of the decision shall be sent to the individual within five days after the hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-125-020, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-125-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-125-030 Appeal of initial order upholding the withholding of services for outstanding debts.

(1) Any person aggrieved by an order issued under WAC 132W-125-020 may file an appeal with the president. The appeal must be in writing and must clearly state errors in fact or matters in extenuation or mitigation that justify the appeal.

(2) The appeal must be filed within twenty-one days from the date on which the appellant received notification of the order issued under WAC 132W-125-020 upholding the withholding of services for outstanding debts. The president's determination shall be final.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-125-030, filed 5/25/01, effective 6/25/01.

Chapter 132W-131 Tuition and fees.

Wash. Admin. Code § 132W-131-010 Tuition and fee schedules.

Chapter 28B.15 RCW sets the parameters for tuition and fee levels at state community colleges. The legislature establishes the tuition and fee rates each biennium. The tuition and fee rates charged by Wenatchee Valley College are based on this legislation. The specific amounts to be charged are transmitted to Wenatchee Valley College by the state board for community college education.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-131-010, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-131-020 Location of schedules.

Additional and detailed information and specific amounts to be charged for each category of students will be found in the class schedule and at the following locations on the Wenatchee Valley College campuses:

(1) The counseling center;

(2) The admission/registration office;

(3) The WVC-North administration office;

(4) The instruction office;

(5) The financial aid office.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-131-020, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-131-030 Tuition and fee waivers.

(1) Wenatchee Valley College may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC and under regular college fiscal processes. Information regarding specific waivers will be available as provided in WAC 132W-131-020.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-131-030, filed 6/25/01, effective 7/26/01.

Chapter 132W-134 Rules coordinator.

Wash. Admin. Code § 132W-134-010 Rules coordinator.

The rules coordinator for Wenatchee Valley College as designated by the president is:

Vice President of Administrative Services

Wenatchee Valley College

1300 Fifth St.

Wenatchee, WA 98801

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-134-010, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-134-010, filed 6/25/01, effective 7/26/01.

Chapter 132W-141 Use of facilities.

Wash. Admin. Code § 132W-141-010 Policy statement.

The college is committed to providing quality educational and cultural services to the people of the college district. To that end, college facilities are made available for use by organizations conducting educational, cultural, civic, or community activities. College related activities of public educational, cultural or community service nature shall be given first priority consideration for the use of college facilities. Exemptions to the rental fee must be authorized by the president or designee, if deemed to further the best interests of the college, its employees or students.

The college reserves the right to deny an application by any group, organization, or individual which discriminates in their membership or limits participation in a manner inconsistent with the college's nondiscrimination policy.

College facilities may not be used for religious worship, exercise, or instruction (Washington State Constitution, Article 1, Section 11). College facilities may not be used in ways which interfere with the college's teaching, research, public service or support programs or interfere with the flow of pedestrian or vehicular traffic.

College facilities may be used for activities of a commercial nature or by commercial firms provided that the activity does not conflict with college functions and that charges are levied reflecting the full cost of the facility usage.

Unauthorized camping on Wenatchee Valley College District property is not permitted. "Camping" is defined to include use of tents, RVs, sleeping bags, or other outdoor sleeping arrangements (including overnight occupancy of a vehicle parked on college property). Exceptions to this policy can only be approved by the president or designee.

The college reserves the right to deny any application or to revoke any permit at any time if actions resulting from such application or permission constitute unlawful activity; or, if in the judgment of the administration, present imminent danger of unlawful activity, or if a prospective user has previously violated the provisions or rules and regulations of the college; or if activities which, in the judgment of the president or designee, conflict with, directly compete with, or are incompatible with the programs or mission of the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-010, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-010, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-020 Scheduling.

(1) College facilities are made available for outside agencies or individuals by scheduling through the room scheduler on each campus with approval by the vice president of administrative services. Students must request facility usage with the student programs office, which will schedule requests through room scheduling. Any organization wishing to use college facilities on the college campus shall provide the following information:

(a) Name of sponsoring organization;

(b) Name of person in charge of arrangements;

(d) Nature of proposed meeting;

(e) Desired dates and times;

(f) Type of facilities desired;

(g) Desired special optional equipment or arrangements.

(2) If the desired facility is available, a contract for the use of the facility is prepared by the office of the vice president of administrative services and is to be completed and returned by the user group representative. Requests for scheduling will normally not be allowed more than two months in advance or beyond the end of the quarter in which a request is made. All applications shall be presented in time to allow consideration by the college board of trustees if needed.

(3) No publicity may be released until the college receives copy of the contract signed by the user. Publicity for all noncollege sponsored events must include the name of the sponsoring organization. This publicity must not imply Wenatchee Valley College sponsorship.

(4) The possession or consumption of alcoholic beverages on college premises or at college-related activities is prohibited except when preapproved by the board of trustees or the president in accordance with state board for liquor control regulations.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-020, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-020, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-030 Rental fees, additional charges, payment.

The following fees and charges are applicable to all noncollege use of college facilities.

(1) Rental fees include routine custodial services during normal working hours. Any custodial/security/technical services required in addition to the routine service normally provided shall be paid by the user at current rates which may include overtime.

(2) User organizations using campus facilities outside of regular public hours will be charged custodial/security/technical services at current hourly rates of time and one-half for a minimum of two hours.

(3) The rental schedule shall apply to all noncollege groups. Exemption and/or reduction in fees are allowed under WAC 132W-141-090. The vice president of administrative services is responsible for financial negotiations regarding custodial and rental expenses.

(4) The business office prepares and issues invoices for rental fees and any required guarantee or bond (WAC 132W-141-060). All fees will be made payable to Wenatchee Valley College at least one week before the use of the facility.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-030, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-030, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-040 Optional services.

The user shall arrange food and beverage services in advance with the college food services provider. Outside food service is not permitted without prior written approval from the food services provider. For a fee, college-owned equipment may be used on campus by any group using college facilities when arranged in advance through college media services.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-040, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-040, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-050 Violation of responsibilities.

(1) College officials shall have the right to terminate a contract immediately and without notice upon discovery of a violation of any term, condition, or provision of this policy.

(2) Contracts will be terminated immediately if, in the judgment of the college administration, imminent danger exists or unlawful activity is practiced by the using organization.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-050, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-060 Liability.

(1) The vice president of administrative services may require that any user post an adequate bond, deposit or a certificate of insurance before any rental agreement is consummated.

(2) The amount of the insurance for liability and property damage is at the discretion of the vice president of administrative services. The college may request it be named as an additional insured on such liability insurance policy or certificate.

(3) In consideration of the permission granted to the user of college facilities, the user shall release the college and its agents, employees, or officers from all debts, claims, demands, damages, actions and causes of action whatsoever, which may occur as a result of the use of college facilities. The user shall further agree to protect, indemnify, and hold harmless the district, college, and its agents, employees, and officers from any claims, demands, actions, damages or causes of action directly or indirectly arising out of the use of the facilities or premises. Any group or individual applying for the use of a college facility shall accept financial responsibility and liability. Application for college facility use shall constitute acceptance by said group/individual of the responsibility stated above and willingness to comply with all rules and regulations regarding the use of college facilities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-060, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-060, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-070 Damages.

The user organization is responsible for and shall be liable for any repairs or replacement occasioned or made necessary by negligence or misuse of the facility. Repairs for damage to college equipment during and by reason of the occupancy of the premises by the user shall be the responsibility of the user.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-070, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-070, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-080 Cancellations.

(1) Cancellations for facility rentals should be made at least forty-eight hours in advance. Notice of cancellation must be directed to the vice president of administrative services by telephone, email, or mail. Failure to cancel at least forty-eight hours in advance may result in the forfeiture of rental fees.

(2) Cancellations for catering services are the responsibility of the applicant and must be made at least forty-eight hours in advance. Notice of cancellation must be directed to the Food Services Provider, Wenatchee Valley College by telephone, email, or mail. Failure to cancel at least forty-eight hours in advance may require the user to reimburse the college for preparation and personnel expenses.

(3) Cancellations for audio/visual services are the responsibility of the applicant and must be made at least forty-eight hours in advance. Notice of cancellations must be directed to the Office of Media Services, by telephone, email, or mail. Failure to cancel at least forty-eight hours in advance may result in the forfeiture of rental fees.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-080, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-080, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-141-090 Exemptions from or reduction in rental fees.

(1) WAC 132W-141-010 allows for exemptions from rental fees. Such exemptions or reductions in rental fees must be authorized by the president or designee, if the planned use is deemed to further the best interests of the college.

Applications for reductions or exemptions must be made in writing to the vice president of administrative services two weeks prior to the event. The application must cite why the exemption meets the best interests and educational mission of the college.

(2) If space is available, exemptions for classroom use are normally granted to state-supported educational institutions with charges only to recover direct costs. A WVC facility use agreement addendum will outline such cost recoveries.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-141-090, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-141-090, filed 6/25/01, effective 7/26/01.

Chapter 132W-145 Weapons on campus.

Wash. Admin. Code § 132W-145-010 Weapons on campus.

Wenatchee Valley College prohibits, on college property or in college facilities, the possession or use of firearms (licensed or unlicensed), explosives, dangerous chemicals, or other dangerous weapons or instruments. Legal defense sprays are not covered by this rule. Exceptions to this policy are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer. Violators of this rule will be subject to appropriate disciplinary and/or legal action.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-145-010, filed 3/20/14, effective 4/20/14.

Chapter 132W-168 Use of college libraries.

Wash. Admin. Code § 132W-168-010 Library loans.

Materials from the college library-media center are checked out only to the following groups.

(1) All currently registered students of the college;

(2) All current faculty and administrative staff members;

(3) All persons currently employed in classified staff positions;

(4) All holders of currently valid courtesy cards.

(5) All (verified) residents of District 15

This latter group includes members of the board of trustees, community educators whose work might necessitate usage of library-media materials, and other individuals who show a particular need for specialized items in the library-media collections which are not available elsewhere; They may check-out print materials only. No audio-visual material checkout or computer access.

(6) Students from other institutions with which the college library-media center has a reciprocal lending agreement through a "shared use plan." This group may use materials on a loan basis at the discretion of the circulation supervisor who will determine lending priorities based upon the current usage of individual items by Wenatchee Valley College students.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-168-010, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-168-020 Loss and damage.

In cases where damage or loss of library material occurs, the patron will be assessed the replacement cost. When materials are not returned, holds are placed on the transcript records of those involved. In extreme cases, when expensive or valuable items are involved, the provisions of RCW 27.12.340 concerning willfully retaining library materials may be invoked.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-168-020, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-168-030 Inspection.

The library shall have the right to inspect packages, brief cases, containers, articles, and materials leaving the building to prevent the unauthorized removal of library resources. The inspection may be done by persons or devices designed to detect unauthorized removals.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-168-030, filed 6/25/01, effective 7/26/01.

Wash. Admin. Code § 132W-168-040 Prohibited entry.

The library shall have the right to prevent entry of foods and beverages, animals (except for service animals) or other things detrimental to the library purpose.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-168-040, filed 6/25/01, effective 7/26/01.

Chapter 132W-277 Access to public records.

Wash. Admin. Code § 132W-277-010 Purpose.

The purpose of this chapter is to ensure that Wenatchee Valley College complies with the provisions of chapter 42.56 RCW and in particular with those sections of that chapter dealing with public records.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-010, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-020 Definitions.

(1) "Public record" includes any writing containing information relating to the conduct of government 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" 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, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

(3) "Wenatchee Valley College" is an agency organized by statute pursuant to RCW 28B.50.040. Wenatchee Valley College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-030 Description of central and field organization of Wenatchee Valley College District No. 15.

(1) Wenatchee Valley College is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the college campus within the county of Chelan, Washington. The college campus likewise comprises the central headquarters for all operations of the district.

(2) The district is operated under the supervision and control of a board of trustees. The board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 132W-105-010. The board of trustees employs a president, an administrative staff, instructors, and other employees. The board of trustees takes such actions and promulgates such rules, and policies in harmony with the rules established by the state board for community and technical colleges, as are necessary to the administration and operation of the district.

(3) The president of the district is responsible to the board of trustees for the operation and administration of the district.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-040 Operations and procedures.

Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-050 Public records available.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-050, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-060 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. The public records officer shall be responsible for implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.56 RCW.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-060, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and holidays or days of closure established by the college calendar or by order of the college president.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-080 Requests for public records.

(1) Requests for public records shall be made in person at, or mailed to the administrative office of the district at Wenatchee Valley College, 1300 5th St, Wenatchee, WA 98801 or emailed to the address located at www.wvc.edu. In accordance with the requirements of RCW 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, the district shall honor only public records requests made in person during normal office hours or by mail or email to the addresses listed above, for identifiable public records not subject to an exemption under chapter 42.56 RCW. A public records request must be for identifiable public records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under chapter 42.56 RCW, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records. The district shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits disclosure of specific information or records to certain persons. The district's facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the district.

(2) No official format is required for making a records request. To help expedite the process of requesting records the district recommends that requests be made in writing upon a form prescribed by the district, which shall be available at the district administrative office or at www.wvc.edu. The district recommends that the form be presented to the public records officer or, if the public records officer is not available, to any member of the district's staff at the district administrative office during customary office hours, or mail to the district office or by email to the email address located at www.wvc.edu. The request should 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;

(3) 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 person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

(4) The district may deny a bot request that is one of multiple requests from the requestor to the district within a twenty-four-hour period, if the district establishes that responding to the multiple requests would cause excessive interference with other essential functions of the district. For purposes of this subsection, "bot request" means a request for public records that the district reasonably believes was automatically generated by a computer program or script.

History

Statutory Authority: RCW 28B.50.140, 42.56.080, and 42.56.120. WSR 18-10-033, § 132W-277-080, filed 4/25/18, effective 5/26/18. Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-080, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-080, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-090 Copying.

No fee shall be charged for the inspection of public records. Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce district resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the district president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the district charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The district may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with the requestor. The district may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district official.

History

Statutory Authority: RCW 28B.50.140, 42.56.080, and 42.56.120. WSR 18-10-033, § 132W-277-090, filed 4/25/18, effective 5/26/18. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-090, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-100 Determination regarding exempt records.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132W-277-080 is exempt pursuant to the provisions set forth in RCW 42.56.210 or other statute. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.

(2) Pursuant to RCW 42.56.070, the district reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.

(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the college, within five business days, either:

(a) Provides the record;

(b) Acknowledges receipt of the request and provides a reasonable estimate of the time the college will require to respond to the request; or

(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-100, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-100, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-110 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 which constituted or accompanied the denial.

(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the district or the president's designee.

(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.

(4) During the course of the review the president or designee shall consider the obligations of the district to comply with the intent of chapter 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW 42.56.210 or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-277-110, filed 3/20/14, effective 4/20/14. Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-110, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-120 Protection of public records.

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. Copies of such records may be arranged according to the provisions of WAC 132W-277-090.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-120, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-130 Records index.

(1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after March 14, 2001:

(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 others; 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 party.

(2) The current index maintained 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

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-130, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 132W-277-140 Adoption of form.

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

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-277-140, filed 5/25/01, effective 6/25/01.

Chapter 132W-280 Violence in the workplace.

Wash. Admin. Code § 132W-280-010 Violence in the workplace.

Wenatchee Valley College prohibits acts of intimidation as well as actual or threatened violence against co-workers, students, visitors, or any other persons who are either on campus or have contact with college employees in the course of their duties. The prohibited acts include behavior that interferes with an individual's legal rights of movement, or expression, disrupts the workplace, the academic environment or the college's ability to provide service to the public.

History

Statutory Authority: RCW 28B.50.140(13). WSR 14-08-013, § 132W-280-010, filed 3/20/14, effective 4/20/14.

Chapter 132W-300 Grievance procedures—Discrimination.

Wash. Admin. Code § 132W-300-001 Nondiscrimination and harassment policy.

Wenatchee Valley College is committed to the policy that all persons shall have equal access to college programs, facilities, admission and employment. Furthermore, it is the policy of Wenatchee Valley College to maintain an academic and work environment free of discrimination, including harassment. The college prohibits discrimination and harassment against any person because of race, creed, color, religion, national or ethnic origin, parental status or families with children, marital status, sex (gender), sexual orientation, gender identity or expression, age, genetic information, honorably discharged veteran or military status as required by Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or any other prohibited basis per RCW 49.60.030, 49.60.040 and other federal laws and regulations, or participation in the complaint process.

All college faculty, staff and students must comply with this policy and are also expected to take appropriate measures to prevent discrimination or harassment. Faculty, staff or students who believe they are being discriminated against or harassed for one of the reasons listed above or who witness potential discrimination or harassment are encouraged to report the offending conduct. Prompt corrective measures will be taken to stop discrimination or harassment whenever and wherever it occurs.

History

Statutory Authority: RCW 28B.50.140(13). WSR 17-12-037, § 132W-300-001, filed 6/1/17, effective 7/2/17. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-300-001, filed 6/25/01, effective 7/26/01.

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

(1) Introduction.

Wenatchee Valley 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 dog guide 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 law against discrimination, chapter 49.60 RCW and their implementing regulations. To this end, Wenatchee Valley 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. 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/EEO coordinator identified below. If the complaint is against that coordinator, the complainant should report the matter to the president's office for referral to an alternate designee.

Title: Executive Director of Human Resources, Title IX/EEO coordinator

Office: Human Resources

Contact info: 509-682-6445

The Title IX/EEO coordinator or designee:

(a) Will accept all complaints and referrals from college employees, applicants, students, and visitors.

(b) Will make determinations regarding how to handle requests by complainants for confidentiality.

(d) May conduct investigations or delegate and oversee investigations conducted by a designee.

(e) May impose interim remedial measures to protect parties during investigations of discrimination or harassment.

(f) Will issue written findings and recommendations upon completion of an investigation.

(g) 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 online on the policies and procedures web page. Hardcopies of the complaint form are available at the following locations: Human resources office, Wenatchi Hall on the Wenatchee campus and the front desk of the administrative office on the Omak campus.

(2) Definitions.

(a) Complainant: Employee(s), applicant(s), student(s), or visitor(s) of Wenatchee Valley College who alleges that she or he has been subjected to discrimination or harassment due to his or her membership in a protected class.

(b) Complaint: A description of facts that allege violation of the college's policy against discrimination or harassment.

(c) 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.

(i) 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.

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

(d) 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.

(e) 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 and/or student housing. 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:

(i) Epithets, jokes, ridicule, mockery or other offensive or derogatory conduct focused upon an individual's membership in a protected class.

(ii) Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.

(iii) 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.

(f) 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 dog guide or service animal.

(g) 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 discipline sanction.

(h) Respondent: Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

(i) 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.

(i) 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 and/or student housing.

(ii) 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:

(A) Persistent comments or questions of a sexual nature.

(B) A supervisor who gives an employee a raise in exchange for submitting to sexual advances.

(D) Sexually explicit statements, questions, jokes, or anecdotes.

(E) Unwelcome touching, patting, hugging, kissing, or brushing against an individual's body.

(F) Remarks of a sexual nature about an individual's clothing, body, or speculations about previous sexual experiences.

(G) Persistent, unwanted attempts to change a professional relationship to an amorous relationship.

(H) Direct or indirect propositions for sexual activity.

(I) Unwelcome letters, emails, texts, telephone calls, or other communications referring to or depicting sexual activities.

(j) 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.

(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 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.

(iii) 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.

(iv) 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.

(v) 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.

(3) 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 online on the policies and procedures web page. Hardcopies of the complaint form are available at the following locations: Human resources office, Wenatchi Hall on the Wenatchee campus and the front desk of the administrative office on the Omak campus.

(4) Confidentiality and right to privacy.

Wenatchee Valley College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Wenatchee Valley College policies and procedures. Although Wenatchee Valley College will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX/EEO coordinator.

(5) Confidentiality requests and sexual violence complaints.

The Title IX/EEO coordinator will inform and obtain consent from the complainant before commencing an investigation into 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/EEO coordinator will inform the complainant that maintaining confidentiality may limit the college's ability to fully respond to the allegations and that 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/EEO coordinator 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. 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.

(f) Whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the college is unable to honor a complainant's request for confidentiality, the Title IX/EEO coordinator will notify the complainant of the decision and ensure that complainant's identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX/EEO coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

(6) Investigation procedure.

Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX/EEO coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX/EEO coordinator or his or her designee. If the investigation is assigned to someone other than the Title IX/EEO coordinator, the Title IX/EEO coordinator shall inform the complainant and respondent(s) of the appointment of an investigator.

Interim measures. The Title IX/EEO coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion 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.

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 days, barring urgent 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/EEO coordinator. The Title IX/EEO coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination 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. 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.

Written notice of decision. The Title IX/EEO coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused 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 findings 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.

Informal dispute resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Final decision/reconsideration. Either the complainant or the respondent may seek reconsideration of the decision by the Title IX/EEO coordinator. Requests for reconsideration shall be submitted in writing to the Title IX/EEO coordinator within seven 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 days, the decision becomes final. If a request for reconsideration is received, the Title IX/EEO coordinator shall respond within thirty days. The Title IX/EEO coordinator shall either deny the request or, if the Title IX/EEO coordinator determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and no further reconsideration is available.

(7) 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 this procedure will be provided a copy of this procedure.

(8) Limits to authority.

Nothing in this procedure shall prevent the college president or designee from taking immediate disciplinary action in accordance with Wenatchee Valley College policies and procedures, and federal, state, and municipal rules and regulations.

(9) Nonretaliation, intimidation and coercion.

Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX/EEO coordinator, 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/EEO coordinator immediately.

(10) Criminal complaints.

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

• Wenatchee Police Department, 140 South Mission Street, 509-888-4200.

• Chelan County Sheriff's Office, 401 Washington Street, 509-667-6851.

• Washington State Patrol, 2822 Euclid Avenue, Wenatchee, 509-682-8090.

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.

(11) Other discrimination complaint options.

Discrimination complaints may also be filed with the following federal and state agencies:

Washington State Human Rights Commission, http://www.hum.wa.gov/index.html.

U.S. Dept of Education Office for Civil Rights, http://www2.ed.gov/about/offices/list/ocr/index.html.

Equal Employment Opportunity Commission, http://www.eeoc.gov/.

History

Statutory Authority: RCW 28B.50.140(13). WSR 17-12-037, § 132W-300-010, filed 6/1/17, effective 7/2/17. Statutory Authority: Chapter 28B.50 RCW. WSR 01-14-016, § 132W-300-010, filed 6/25/01, effective 7/26/01.

Chapter 132W-325 Environmental protection.

Wash. Admin. Code § 132W-325-010 Environmental protection.

(1) It shall be the operational procedure of Community College District No. 15 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 197-11 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

(2) In compliance with WAC 197-11-910, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 01-12-015, § 132W-325-010, filed 5/25/01, effective 6/25/01.