Title 132x WAC — South Puget Sound Community College

Chapter 132X-10 Public records.

Wash. Admin. Code § 132X-10-010 Purpose.

The purpose of this chapter shall be to ensure compliance by the South Puget Sound Community College District 24 with the provisions of chapter 42.56 RCW, Public Records Act.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-010, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-010, filed 10/18/88.

Wash. Admin. Code § 132X-10-020 Definitions.

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

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

(3) South Puget Sound Community College District 24. The South Puget Sound Community College District 24 is an agency organized by statute pursuant to RCW 28B.50.040. Where appropriate, the term college also refers to the staff, the board of trustees, and the employees of the college.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-020, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-020, filed 10/18/88.

Wash. Admin. Code § 132X-10-030 Description of central and field organization of South Puget Sound Community College District 24.

South Puget Sound is a community college district organized under RCW 28B.50.040. The district administrative office and its staff are located at South Puget Sound Community College, 2011 Mottman Road, S.W., Olympia, Washington 98512.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-030, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-030, filed 10/18/88.

Wash. Admin. Code § 132X-10-040 Operations and procedures.

The college is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college is operated under the supervision and control of a board of trustees. The board of trustees is made up of five members each appointed by the governor to a term of five years. The trustees meet on the South Puget Sound Community College campus in accordance with public notice and hold such special meetings as are announced by public notice. At such time the trustees exercise the powers and duties granted it under RCW 28B.50.140.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-040, filed 10/18/88.

Wash. Admin. Code § 132X-10-050 Public records available.

All public records of the college, as defined in WAC 132X-10-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.56.210, 42.56.230, 42.56.070, 42.56.510 and WAC 132X-10-100.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-050, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-050, filed 10/18/88.

Wash. Admin. Code § 132X-10-060 Public records officer.

The college's public records shall be in the charge of the public records officer designated by the president. The person so designated at the college is the chief human resources officer. The public records officer shall be responsible for the following: The implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, serving as a point of contact for members of the public in requesting disclosure of public records, and to oversee the college's compliance with the public records disclosure requirements of RCW 42.56.001 through 42.56.904.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-060, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-060, filed 10/18/88.

Wash. Admin. Code § 132X-10-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the college. For the purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Thursday, excluding legal holidays.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-070, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-070, filed 10/18/88.

Wash. Admin. Code § 132X-10-080 Requests for public records.

In accordance with requirements of RCW 42.56.001 through 42.56.904 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request should be made in writing upon a form prescribed by the college which shall be available at its human resources office. The form shall be presented to the public records officer and/or his/her designees, at the human resources office during customary office hours referenced in WAC 132X-10-070. The request shall include the following information:

(a) The name, signature, mailing address, telephone and email address (if any) of the person requesting the record;

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

(c) The nature of the request and the specific identifiable record(s) being sought.

(2) In all cases the public records officer and/or his/her designees, should, whenever possible, assist the requestor in appropriately identifying the public record requested.

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

(a) Make the requested document available; or

(b) Advise the requestor as to the estimated date of availability of the requested record(s); or

(c) State that such a document does not exist; or

(d) Ask for clarification of the document requested; or

(e) Deny access because the document is exempt from public inspection under WAC 132X-10-050.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-080, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-080, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-080, filed 10/18/88.

Wash. Admin. Code § 132X-10-090 Copying.

No fee shall be charged for the inspection of public records. The college shall charge a fee of 15¢ per page of copy for providing copies of public records and for use of the college's copy equipment. This charge is the amount necessary to reimburse the college for its actual costs incident to such copying. If a particular request for copies requires the use of any equipment not readily available, the college will provide copies at a rate sufficient to cover any additional cost. All fees must be paid by money order, cashier's check or cash either in advance or at the time of tender of the records.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-090, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-090, filed 10/18/88.

Wash. Admin. Code § 132X-10-100 Exemptions.

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132X-10-080 is exempt under the provisions of chapter 42.56 RCW including, but not limited to, RCW 42.56.510.

(2) In addition, pursuant to RCW 42.56.070, the college reserves the right to lawfully strike out information in public records it discloses, in cases when disclosure of such details would constitute personal information as defined in RCW 42.56.230 or would constitute an invasion of privacy as defined in RCW 42.56.050 and referenced in RCW 42.56.230(2). The public records officer and/or his/her designee will reflect the relevant RCWs supporting such strikeouts either on the document at the point of striking out or in a strikeout log enclosed with or part of the transmittal letter accompanying the records.

(3) All denials of requests for public records will be accompanied by a written statement specifying the RCW exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(4) The release or disclosure of student educational records is governed by federal regulation (FERPA). Separate and different procedures are established by the college for student educational records.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-100, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-100, filed 10/18/88.

Wash. Admin. Code § 132X-10-110 Review of denials of public records requests.

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

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his/her designee denying the request shall refer it to the president. The president or his/her designee shall consider the college's obligation to comply with the intent of chapter 42.56 RCW, the exemptions provided in chapter 42.56 RCW including, but not limited to, RCW 42.56.070, 42.56.320, 42.56.510 and other pertinent statutes, along with statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. In any case, the request shall be returned with a final decision, within five business days following the original denial.

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

(4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial should be sent directly to the office of attorney general in Olympia, Washington. The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-110, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-10-110, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-110, filed 10/18/88.

Wash. Admin. Code § 132X-10-120 Protection of public records.

Requests for public records shall be to the public records officer and/or his/her designees in the human resources office. Public records and a facility for their inspection will be provided by the public records officer and/or his/her designees. Such records shall not be removed from the place designated for their inspection. Copies shall be made at South Puget Sound Community College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132X-10-090.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-120, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-120, filed 10/18/88.

Wash. Admin. Code § 132X-10-130 Records index.

(1) Index. The public records officer and/or his/her designees have available to all persons a current index which provides identifying information as to those records adopted or promulgated and indexed since January 2, 1973, in the following areas:

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

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

(c) Administrative staff manuals and instructions to staff that affect a member of the public;

(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;

(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;

(g) Financial records and budgets; and

(h) Board of trustees' minutes and reports.

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

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-10-130, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-130, filed 10/18/88.

Wash. Admin. Code § 132X-10-140 Adoption of form.

The college hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form in WAC 132X-10-150, entitled "Request for public records to South Puget Sound Community College."

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-10-140, filed 10/18/88.

Chapter 132X-30 Use of college facilities.

Wash. Admin. Code § 132X-30-010 General rule.

The college allows but is not required to rent college facilities when they are not previously scheduled for college use to noncollege organizations or any individuals upon approval by the president or designee, and in accordance with administrative guidelines and procedures.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-010, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-010, filed 10/18/88.

Wash. Admin. Code § 132X-30-020 Definitions.

(1) "College groups" shall mean individuals who are currently enrolled students or current employees of South Puget Sound Community College or who are affiliated with a recognized student organization or a recognized employee group of the college.

(2) "College facilities" include all buildings, structures, grounds, office spaces and parking lots.

(3) "Limited public forum areas" means those areas of each campus that the college has chosen to open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner restrictions.

(4) "First amendment activities" include, but are 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 constitutionally protected assemblies to share information, perspective or viewpoints.

(5) "Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of South Puget Sound Community College or who are not officially sponsored by a recognized student organization or a recognized employee group of the college.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-020, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-020, filed 10/18/88.

Wash. Admin. Code § 132X-30-030 Statement of purpose.

South Puget Sound Community 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 for and to which the college's facilities and grounds are dedicated. Accordingly, the college is a designated public forum opened for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this rule.

The purpose of the time, place and manner regulations set forth in this rule is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. 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 intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-030, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-030, filed 10/18/88.

Wash. Admin. Code § 132X-30-040 Use of facilities for first amendment activities.

(1) Subject to the regulations and requirements of this rule, both college and noncollege groups may use the campus limited forum areas for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m.

(2) Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

(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) College groups are encouraged to notify the campus security department no later than forty-eight hours in advance of an event. However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility.

(5) College group events shall not last longer than eight hours from beginning to end.

(6) All sites used for first amendment activities 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.

(7) 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 first amendment activities conducted pursuant to this rule.

(8) 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.

(9) 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.

(10) 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.

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

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

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

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

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-040, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-30-040, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-040, filed 10/18/88.

Wash. Admin. Code § 132X-30-050 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 administrative guidelines and procedures. Noncollege groups may otherwise use college facilities as identified in this rule.

(2) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for first amendment activities on campus:

(a) The outside area between buildings 31, 32, and 33;

(b) The outside area between buildings 27, 28, and 22, excluding the covered walkway.

(3) Noncollege groups that seek to use the campus limited forums to engage in first amendment activities shall provide notice to campus security no later than forty-eight hours prior to the event along with the following information:

(a) The name, address and telephone number of the individual, group, entity or organization sponsoring the event (hereinafter "the sponsoring organization"); and

(b) The name, address and telephone number of a contact person for the sponsoring organization; and

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

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

(e) The type of sound amplification devices to be used in connection with the event, if any; and

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

(4) Noncollege group events shall not last longer than five hours from beginning to end.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-050, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-050, filed 10/18/88.

Wash. Admin. Code § 132X-30-060 Distribution of materials.

Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site designated for noncollege groups.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-060, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-060, filed 10/18/88.

Wash. Admin. Code § 132X-30-070 Criminal trespass.

Persons who violate a district policy or rule may have their license or privilege to be on district property revoked and be ordered to withdraw from and refrain from entering upon any district property. Remaining on or reentering district property after one's license or privilege to be on district property has been revoked shall constitute trespass and such persons shall be subject to arrest for criminal trespass under the provisions of chapter 9A.52 RCW or municipal ordinance.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-070, filed 4/19/12, effective 5/20/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-30-070, filed 10/18/88.

Wash. Admin. Code § 132X-30-080 Posting of a bond and hold harmless statement.

When using college facilities 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 rule.

When the college grants permission to a college group or noncollege group 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.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-080, filed 4/19/12, effective 5/20/12.

Wash. Admin. Code § 132X-30-090 Violations.

(1) Noncollege groups and individuals who violate these regulations 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, consistent with the college's trespass rule.

(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, collective bargaining agreements and code of student rights and responsibilities. Nothing herein shall prevent campus security to order any violator to cease and desist from any violation, which may include an order to leave the immediate premises pending operation of the applicable disciplinary code.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-10-007, § 132X-30-090, filed 4/19/12, effective 5/20/12.

Chapter 132X-40 Environmental protection.

Wash. Admin. Code § 132X-40-010 Environmental protection rule.

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

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-40-010, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-40-010, filed 10/18/88.

Wash. Admin. Code § 132X-40-020 Responsible officer.

In compliance with WAC 197-11-910, the vice president for administrative services is designated to be the "responsible official" for carrying out this rule.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-40-020, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-40-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-40-020, filed 10/18/88.

Wash. Admin. Code § 132X-40-030 SEPA information center.

(1) In compliance with WAC 197-10-830, a SEPA public information center will be maintained which will be the repository for all required documents. This office shall, upon written request, make these documents available to the public. A reasonable charge shall be made for copying and for the cost of mailing such documents.

(2) In the event a regional SEPA public information office is established in Thurston County, the college SEPA public information office may be discontinued and all documents and registers forwarded to that regional office in accordance with WAC 197-10-835.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-40-030, filed 10/18/88.

Chapter 132X-50 Parking and traffic regulations—South Puget Sound Community College.

Wash. Admin. Code § 132X-50-010 Purpose for adopting parking and traffic regulations.

Pursuant to the authority granted in RCW 28B.50.140(10), the board of trustees of South Puget Sound Community College District 24, on behalf of the college is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by or maintained by the college. The objectives of these regulations are:

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

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

(3) To minimize traffic disturbances.

(4) To facilitate the work of the college.

(5) To regulate the use of parking spaces.

(6) To protect state-owned property.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-010, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-010, filed 10/18/88.

Wash. Admin. Code § 132X-50-020 Applicable parking and traffic regulations.

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

(2) The traffic code of the city of Olympia shall apply upon all lands located within the city of Olympia. The traffic codes of the city of Tumwater shall apply upon all lands located within the city of Tumwater. The traffic code of the city of Lacey shall apply upon all lands located within the city of Lacey.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-020, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-020, filed 10/18/88.

Wash. Admin. Code § 132X-50-030 Definitions.

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

(1) "Annual permits": Permits which are valid from the date of issue until the first day of the following fall quarter. Annual permits are sold during fall quarter.

(2) "Board": The board of trustees of South Puget Sound Community College, District 24.

(3) "Campus": All lands and buildings devoted to, operated by, or maintained by South Puget Sound Community College, District 24.

(4) "Campus security officer": An employee of the college who is responsible for campus traffic control, parking, security, and safety.

(5) "College": South Puget Sound Community College, District 24.

(6) "Director of security": The college's safety and security supervisor.

(7) "Employee": Any individual appointed to the faculty, staff, or administration of the college. Student employment positions or college work study positions are not considered employees of the college in these definitions.

(8) "Full-time employee": An employee of the college employed twenty hours or more per week on a permanent regular basis.

(9) "Full-time student": Any person who is enrolled at this college and is taking twelve credit hours or more.

(10) "Guests/visitors": Persons who visit the campus.

(11) "Part-time employee": An employee of the college employed less than twenty hours per week. Student employees or college work study employees are not classified as part-time employees under these definitions.

(12) "Part-time student": Any person who is enrolled at this college and is taking eleven credits or less.

(13) "Security office": The college's campus security office.

(14) "Temporary permits": Permits which are valid for a specific period designated on the permit.

(15) "Vehicle": Automobile, truck, motor-driven cycle, scooter or any vehicle otherwise powered.

(16) "Vice president for administrative services": The vice president for administrative services for South Puget Sound Community College, District 24.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-030, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-030, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-030, filed 10/18/88.

Wash. Admin. Code § 132X-50-040 Authorization for issuance of permits.

The director of security, or designee, is authorized to issue parking permits pursuant to the following regulations:

(1) Upon the proper registration of his/her vehicle with the college.

(2) When such permits are necessary to enhance the business or operation of the college.

(3) Only one vehicle registered to an individual under one permit fee shall be permitted to park on campus at any one time.

(4) Persons who pay the current fee for parking permits and who later request a refund shall receive refunds according to the college's refund rule. The person must first turn in the current quarter/annual permit to the cashier's office, before a refund will be issued.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-040, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-040, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-040, filed 10/18/88.

Wash. Admin. Code § 132X-50-050 Parking fees for vehicle permits.

All students and employees of the college shall obtain and properly display a valid parking permit by the first day of the quarter on all vehicles in accordance with WAC 132X-50-040. Day permits can be purchased at the pay station.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-050, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-050, filed 10/18/88.

Wash. Admin. Code § 132X-50-060 Parking fee exceptions.

All guests/visitors (including, but not limited to, salespersons, contractors or service personnel) will park in appropriate parking areas without paying a fee after obtaining a temporary permit from the security office or purchase a daily permit at the pay station(s).

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-060, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-060, filed 10/18/88.

Wash. Admin. Code § 132X-50-070 Responsibility of person to whom permit is issued.

The person to whom a parking permit is issued shall be responsible for all violations of said rules and regulations involving the vehicle; however, such responsibility shall not relieve said driver of the responsibility for violations of the regulations established by this chapter. In the event that a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violations of the campus regulations.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-070, filed 10/18/88.

Wash. Admin. Code § 132X-50-090 Transfer of permits.

Parking permits are not transferable. If a vehicle is sold or traded, the new vehicle must be registered with the security office and the permit will be reissued.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-090, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-090, filed 10/18/88.

Wash. Admin. Code § 132X-50-100 Permit revocation.

Permits are licenses and the property of the college, and may be revoked for reasons including, but not limited to:

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

(2) When a permit is used on an unregistered vehicle or by an unauthorized person.

(3) Falsification on a vehicle registration application.

(4) Continued violations of parking regulations.

(5) Counterfeiting or altering of permits.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-100, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-100, filed 10/18/88.

Wash. Admin. Code § 132X-50-110 Right to refuse permit.

The vice president for administrative services, or designee, reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the parking regulations or the safety of others.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-110, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-110, filed 10/18/88.

Wash. Admin. Code § 132X-50-120 Right to appeal permit revocation/refusal.

When a parking permit has been recalled pursuant to WAC 132X-50-100 or has been refused in accordance with WAC 132X-50-110 or when a fine or penalty has been levied against a violator of the rules and regulations set forth in this chapter, such action by the vice president for administrative services, or designee, may be appealed in accordance with WAC 132X-50-180.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-120, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-120, filed 10/18/88.

Wash. Admin. Code § 132X-50-130 Delegation of authority.

The authority and powers conferred upon the vice president for administrative services by these regulations shall be subject to delegation to that individual's subordinates.

The director of security or designee have the authority to demand and receive identification from any person on owned or rented college property.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-130, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-130, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-130, filed 10/18/88.

Wash. Admin. Code § 132X-50-140 Enforcement.

(1) Parking and traffic regulations will be enforced twenty-four hours a day, seven days a week, with the exception of those sections that limit enforcement (WAC 132X-50-060(7)).

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-140, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-140, filed 10/18/88.

Wash. Admin. Code § 132X-50-150 Violation of parking and traffic regulations.

(1) Operators of illegally operated or parked vehicles shall be warned or cited that they are in violation of these regulations.

(2) In instances where violations are repeated (five or more citations); or, vehicle is parked in such a manner as to endanger the college community; or, vehicle is parked in a fire lane or other posted tow-away, said vehicle(s) may be impounded and or immobilized.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-150, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-150, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-150, filed 10/18/88.

Wash. Admin. Code § 132X-50-160 Issuance of traffic tickets or summons.

(1) Upon reasonable belief that a violation of these regulations has occurred, the director of security or designee, may issue a warning or citation.

(2) Such warning or citation may be served by attaching a copy outside such vehicle or by personally serving the operator/owner or by mailing the citation.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-160, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-160, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-160, filed 10/18/88.

Wash. Admin. Code § 132X-50-170 Fines and penalties.

The director of security or designee is authorized to impose the following:

(1) Fines may be levied for all violations of the regulations contained in this chapter. All fines are payable at the cashier's office.

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

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

(4) Vehicles involved in violations of these regulations may be impounded or immobilized with a wheel lock as provided for in these regulations.

(5) A schedule of fines shall be set by the board of trustees.

(6) In the event a person fails or refuses to pay an uncontested fine which has been outstanding, the vice president for administrative services or designee, shall initiate the following actions:

(a) Students will not be able to obtain a transcript of credits until all fines are paid.

(b) Students will not receive a degree/diploma or grades until all fines are paid.

(c) Students will not be able to register for subsequent quarters until all fines are paid.

(d) Staff, administrator or faculty members with outstanding fines may be turned over to a collection agency for the collection of past due fines or other appropriate collection procedures.

(7) The following violations will be assessed:

(a) No valid permit displayed.

(b) Metered parking violation.

(c) No parking zone/area (not designated for parking).

(d) Carpool violation.

(e) Blocking vehicles/roadway.

(f) Parked in a fire lane.

(g) Disabled parking violation.

(h) Visitor parking violation.

(i) Occupying more than one space.

(j) Driving wrong way on a one-way roadway.

(k) Failure to yield right of way.

(l) Exceeding the posted speed limit or as conditions warrant.

(m) Failure to stop at sign or signal.

(n) Improper lane change.

(o) Reckless driving.

(p) Other violations of the college's traffic regulations and its objectives.

(q) Wheel lock removal fee.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-170, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-170, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-170, filed 10/18/88.

Wash. Admin. Code § 132X-50-180 Appeals proceedings—Appeal of fines and penalties.

(1) The alleged violator must submit the appeal in writing, giving full particulars, listing witnesses, evidence, etc.

(2) The appeal must be submitted to the security office within five days from date of citation.

(3) If the appeal is not resolved to the satisfaction of the alleged violator, he or she may appeal for a brief adjudicative proceeding in accordance with chapter 132X-90 WAC.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-180, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-180, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-180, filed 10/18/88.

Wash. Admin. Code § 132X-50-200 Liability of college.

The college assumes no liability under any circumstances for vehicles on campus. No bailment of any sort is created by the purchase of a parking permit.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-200, filed 10/18/88.

Wash. Admin. Code § 132X-50-210 Designation of parking.

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

(1) Provisions will be made for people with disabilities. People with disabilities using disabled parking spaces must display a valid state issued disabled parking permit or license plate on that vehicle. In addition to the disabled permit, a valid college parking permit must be purchased and displayed on the vehicle.

(2) Visitors parking shall be limited to spaces so designated.

(3) Parking spaces may be designated for special purposes as deemed necessary.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-210, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-210, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-210, filed 10/18/88.

Wash. Admin. Code § 132X-50-220 Parking within designated spaces.

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

(2) No vehicle shall be parked in more than one parking space or stall.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-220, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-220, filed 10/18/88.

Wash. Admin. Code § 132X-50-230 Regulatory signs, markings, barricades, etc.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-230, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-230, filed 10/18/88.

Wash. Admin. Code § 132X-50-240 Speed limit.

No vehicle, except for emergency vehicles, shall be operated on the campus at a speed in excess of the posted speed limit, or such slower speed as is reasonable and prudent under the circumstances. No vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities. Exception may be granted by the vice president for administrative services.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-240, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-240, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-240, filed 10/18/88.

Wash. Admin. Code § 132X-50-250 Pedestrian's right of way.

(1) The operator of a vehicle shall yield right of way to any pedestrian. Pedestrians shall not leave a curb or other place of safety and walk or run into the path of an oncoming vehicle.

(2) When a sidewalk or crosswalk is provided, pedestrians shall proceed upon the sidewalk or crosswalk.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-250, filed 10/18/88.

Wash. Admin. Code § 132X-50-260 Two-wheeled motorbikes or bicycles.

(1) All two-wheeled vehicles powered by an engine shall park in areas designated for motorcycles only and will not use spaces assigned to automobiles or bicycles. All motorcycles parked on campus must have a parking permit displayed.

(2) Bicycles and other nonengine powered cycles are to be parked in bicycle racks where provided. No person shall park a bicycle inside a building, by a doorway, on a path, sidewalk, walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic. Bicycles and motorcycles may be cited, immobilized or impounded if in violation of this section.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-260, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-260, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-260, filed 10/18/88.

Wash. Admin. Code § 132X-50-270 Report of accidents.

The operator of any vehicle involved in an accident on campus shall immediately report such accident to the security office.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-270, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-270, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-270, filed 10/18/88.

Wash. Admin. Code § 132X-50-280 Disabled and inoperative vehicles—Impounding.

(1) Inoperative vehicles shall not be parked on the campus for a period exceeding twenty-four hours, without authorization from the vice president for administrative services, or designee.

(2) Vehicles parked more than forty-eight hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-50-280, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-50-280, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-280, filed 10/18/88.

Wash. Admin. Code § 132X-50-290 Authority to establish parking fee.

The board shall set and review as necessary parking permit fees in accordance with WAC 132X-50-300 and a schedule of fines and penalties in accordance with WAC 132X-50-170.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-290, filed 10/18/88.

Wash. Admin. Code § 132X-50-300 Parking permit fees.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-50-300, filed 10/18/88.

Chapter 132X-60 South Puget Sound code of student rights and responsibilities.

Wash. Admin. Code § 132X-60-005 Authority.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-005, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-011 Statement of student rights.

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

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-011, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-015 Definitions.

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

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

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

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

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

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

(6) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or an expulsion are heard by the student conduct appeals board. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings. See 132X-60-105 for a general overview of appeals process.

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

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

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

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

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

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

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

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

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

(10) "Sexual misconduct" has the meaning ascribed to this term in WAC 132X-60-090.

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-015, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-015, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-015, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-015, filed 2/8/00, effective 3/10/00.

Wash. Admin. Code § 132X-60-020 Jurisdiction.

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

(a) On college premises;

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-020, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-020, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-020, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-020, filed 10/18/88.

Wash. Admin. Code § 132X-60-090 Prohibited student conduct.

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

(1) Academic dishonesty. Any act of academic dishonesty including, but not limited to, cheating, plagiarism, and fabrication.

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

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

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

(d) Academic sanctions for failing to meet the college's standards for satisfactory scholarship and academic integrity may be imposed at the discretion of a faculty member, program chair, dean, or academic review panel, as set forth in the college's academic standards policy. Students should refer to each faculty course syllabus, and the college's academic standards policy, which is separate and distinct from the policies and procedures associated with the college's student conduct code, Title IX, and final course grade appeals.

(2) Alcohol, drug, and tobacco violations.

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

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

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

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

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

(4) Cyber misconduct. Cyberstalking, cyberbullying or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.

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

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

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

(8) Harassment. Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program, that changes the terms or conditions of employment for a college employee, or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification. See "sexual misconduct" for the definition of "sexual harassment." Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications.

(9) Hazing.

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

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

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

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

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

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

(ii) Humiliation by ritual act;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(12) Obstructive or disruptive conduct. Conduct, not otherwise protected by law, that materially or substantially interferes with, impedes, or otherwise unreasonably hinders the educational process.

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

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

(13) Other dishonesty. Any other acts of dishonesty. Such acts include, but are not limited to:

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

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

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

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

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

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

(17) 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 132X-60-210 (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 18.

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

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

(18) Unauthorized access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to college property, or unauthorized entry onto or into college property.

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

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

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

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-090, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-090, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-090, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-090, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-090, filed 10/18/88.

Wash. Admin. Code § 132X-60-100 Disciplinary proceedings.

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

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

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

(4) Within ten days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting their decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal.

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

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s), as described in WAC 132X-60-120.

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-100, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-100, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-100, filed 10/18/88.

Wash. Admin. Code § 132X-60-105 Student judicial board appeals process.

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

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

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

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

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

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

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

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

(b) Dismissals; and

(c) Discipline cases referred to the committee by the student conduct officer, the conduct review officer, or the president.

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

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation;

(c) Written reprimands; and

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

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

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

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

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

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

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-105, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-105, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-60-109 Brief adjudicative proceedings—Initial hearing.

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

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

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

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

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-109, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-115 Brief adjudicative proceedings—Review of an initial decision.

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

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

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

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-115, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-120 Disciplinary sanctions and terms and conditions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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 21-08-019, § 132X-60-120, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-120, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-120, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-120, filed 10/18/88.

Wash. Admin. Code § 132X-60-125 Hazing prohibited—Sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132X-60-090(9).

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

(3) Washington state law provides that:

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

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

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

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

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-125, filed 5/24/23, effective 6/24/23.

Wash. Admin. Code § 132X-60-130 Readmission after suspension/dismissal.

If the student has been suspended/dismissed, or feels that circumstances warrant reconsideration of the suspension/dismissal prior to its expiration, the student may be readmitted following approval of a written petition submitted to the vice president for student services. Such petition must state reasons, including appropriate documentation, which support a reconsideration of the matter. The vice president for student services will respond in writing within ten calendar days of receiving the written petition for readmission.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-130, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-130, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-130, filed 10/18/88.

Wash. Admin. Code § 132X-60-140 Summary suspension procedures.

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

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

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

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

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

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

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

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

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

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included warning respondent that their privilege to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

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

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

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

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

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

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

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-140, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-140, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-140, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-140, filed 10/18/88.

Wash. Admin. Code § 132X-60-150 Emergency procedures.

In the event of activities which interfere with the orderly operation of the college, the vice president for student services or the president, or their designees shall determine the course of action which appears to offer the best possibility for resolution of the problem. The emergency procedures outlined below will be followed if deemed essential:

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

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

(3) If they do not respond within a reasonable time, call campus security.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-60-150, filed 1/17/12, effective 2/17/12. Statutory Authority: RCW 28B.50.140(13). WSR 00-05-023, § 132X-60-150, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. WSR 88-21-071 (Order 88-1), § 132X-60-150, filed 10/18/88.

Wash. Admin. Code § 132X-60-155 Student conduct committee.

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

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

(b) Two faculty members appointed by the president;

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

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

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

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

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 21-08-019, § 132X-60-155, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-165 Appeal—Student conduct committee.

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

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

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

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

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

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

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

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

(7) The student conduct officer, upon request, shall provide reasonable assistance to the respondent and complainant in obtaining relevant and admissible evidence that is within the college's control.

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

(9) In cases heard by the committee, each party may be accompanied at the hearing by a nonattorney assistant of their choice. The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, may elect to be represented by an attorney at their own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-165, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-175 Student conduct committee hearings—Presentations of evidence.

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

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

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

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

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

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

(5) The student conduct officer (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.

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

(7) In cases involving allegations of sexual misconduct, no party shall directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf.

History

• Statutory Authority: 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 21-08-019, § 132X-60-175, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-185 Student conduct committee—Initial decision.

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

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

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

(4) The committee chair shall cause copies of the initial decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-185, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-190 Appeal from student conduct committee's initial decision.

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

(2) The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. If necessary to aid review, the president may ask for additional briefing from the parties on issues raised on appeal. The president's review shall be restricted to the hearing record made before the student conduct committee and will normally be limited to a review of those issues and arguments raised in the notice of appeal.

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-190, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-195 Sexual misconduct proceedings.

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-195, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-200 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with South Puget Sound Community College's standard disciplinary procedures in chapter 132X-60 WAC, these supplemental procedures shall take precedence. South Puget Sound Community College may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-200, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-200, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-210 Prohibited conduct under Title IX.

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-210, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-220 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code in chapter 132X-60 WAC.

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-220, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-230 Initiation of discipline.

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

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

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-230, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-240 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with chapter 132X-60 WAC. In no event will the hearing date be set less than ten business days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-240, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-250 Rights of parties.

(1) The college's standard student conduct procedures in chapter 132X-60 WAC, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-250, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-260 Evidence.

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

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-260, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-260, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-270 Initial order.

(1) In addition to complying with chapter 132X-60 WAC, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

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

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

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

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

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

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

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

History

• Statutory Authority: 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 21-08-019, § 132X-60-270, filed 3/29/21, effective 4/29/21.

Wash. Admin. Code § 132X-60-280 Appeals.

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the president's office within 21 days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions of law in the initial order or dismissal that the appealing party is challenging and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the initial order or dismissal shall be deemed final.

(2) Upon receiving a timely appeal, the president's office will serve a copy of the appeal on all parties, who will have 10 days from the date of service to submit written responses to the president's office addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the president's office shall serve copies of the responses to the other parties.

(3) Parties receiving a copy of the responses shall have five days in which to submit a written reply addressing issues raised in the responses to the president's office.

(4) The president or their delegate, based on their review of parties' submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal if affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

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

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

History

• Statutory Authority: RCW 28B.10.900 through 28B.10.904 as amended by 2022 c 209, chapter 34.05 RCW, RCW 28B.50.140(13)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 23-11-150, § 132X-60-280, filed 5/24/23, effective 6/24/23. Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-60-280, filed 3/29/21, effective 4/29/21.

Chapter 132X-70 Faculty tenure.

Wash. Admin. Code § 132X-70-010 Tenure and dismissal.

It is the rule of the board of trustees of Community College District XXIV that all matters related to tenure and dismissal of academic employees shall be governed by the laws of the state of Washington and the terms of the negotiated agreement between the board of trustees of Community College District XXIV and the South Puget Sound Community College federation of teachers as contained in that agreement.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-70-010, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-70-020 Professional leave.

It is the rule of the college that faculty be granted professional leave for the purpose of providing opportunities for study, research and creative activities for the enhancement of the college's instructional programs and services per RCW 28B.10.650.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-70-020, filed 1/17/12, effective 2/17/12.

Chapter 132X-80 Course materials sales.

Wash. Admin. Code § 132X-80-010 Purpose.

This rule governs affiliated bookstores in materials for courses.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-80-010, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-80-020 Definitions.

(1) Materials means any supplies or texts required or recommended by faculty or staff for a given course.

(2) Bundled means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-80-020, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-80-030 Course materials and cost savings.

(1) The college bookstore will provide students the option of purchasing materials that are unbundled, when possible.

(2) The college bookstore will publicly disclose to faculty, staff and students the title, authors, edition, International Standard Book Number (ISBN), and retail price of materials on a per course basis four weeks before each term begins.

(3) The college bookstore will disclose publicly how new editions vary from previous editions by providing the contact information for the publisher when requested.

(4) When a new edition of a textbook is ordered by faculty, the bookstore will provide new text pricing for the faculty when contacted directly. The bookstore will also inquire if students may use the old edition if it is available.

(5) The college bookstore will promote and publicize book buy-back programs.

(6) Faculty and staff are encouraged to consider the least costly practices in assigning course materials such as:

(a) Adopting the least expensive edition available when educational content is comparable as determined by the faculty;

(b) Working closely with publishers and bookstore staff to create bundled materials if such packaging delivers cost savings to students; and

(c) Working with the bookstore staff to disseminate open source course materials when such open source materials are adopted and required for the course.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-80-030, filed 1/17/12, effective 2/17/12.

Chapter 132X-90 Process for hearings.

Wash. Admin. Code § 132X-90-010 Purpose.

The purpose of this chapter is to provide process for brief and full adjudicative hearings.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-010, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-020 Model rules of procedure.

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

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-020, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-030 Variation from time limits.

The college finds that in light of its governance structure it may be necessary from time to time to change the time limits set forth in chapter 34.05 RCW for adjudicative or brief adjudicative hearings. The college is hereby authorized to provide for emergency variation of the time limits as required in a specific case(s). Any modification in the time limits shall be to new time limits that are reasonable under the specific circumstances. The presiding or reviewing officer shall give reasonable and adequate notice of the pertinent time limits to the affected persons. Affected persons may also waive any rights conferred upon them by chapter 34.05 RCW.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-030, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-040 Brief adjudicative procedure.

This rule adopts the provision of RCW 34.05.482 through 34.05.494. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency classifications made pursuant to RCW 28B.15.013;

(2) Outstanding debts of college employees or students;

(3) Loss of eligibility to participate in athletic events;

(4) Contents of educational records pursuant to 34 C.F.R. Sec. 99.21;

(5) Denial of mandatory tuition and fee waivers;

(6) Denial of tuition and fee refunds;

(7) Use of college facilities;

(8) Any other rule adopted by college which specifically provides for a brief adjudicative procedure; and

(9) Student conduct disciplinary proceedings.

History

• Statutory Authority: Chapter 34.05 RCW
• and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-08-019, § 132X-90-040, filed 3/29/21, effective 4/29/21. Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-040, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-050 Appointment of presiding officers.

The president or his/her 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 Bar Association, a panel of individuals, the president or his/her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, witness exclusion, means of recording adjudicative proceedings, and similar matters.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-050, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-060 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing and should be submitted to the following address within twenty-one days of the college action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, Washington 98512-6292.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-060, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-070 Discovery and prehearing conferences.

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

Prehearing conferences or other conferences may be held for the settlement or simplification of issues at the discretion of the presiding officer, or pursuant to a motion by either of the parties for a prehearing conference. The prehearing conference may be conducted by telephone, television or other electronic means, in the discretion of the presiding officer and where the rights of the parties will not be prejudiced. Each participant in the conference shall have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-070, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-080 Method of recording.

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

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-080, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-090 Recording devices.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132X-90-050 and 132X-90-100, except for the method of official recording selected by the college.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-090, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-100 Procedure for closing parts of the hearing.

The hearing is open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer. A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed and state the reasons therefore in writing within twenty days of receiving the request.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-100, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-110 Process for excluding witnesses.

A party may apply for an order excluding witnesses for good cause. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine and may order, upon a showing of good cause, which, if any, witnesses should be excluded and state the reasons therefore in writing within twenty days of receiving the request.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-110, filed 1/17/12, effective 2/17/12.

Wash. Admin. Code § 132X-90-120 Petitions for stay of effectiveness or to stop action.

A party may submit to the presiding or reviewing officer a petition for stay of effectiveness of a final order within ten days of service of the final order unless otherwise provided by statute or stated in the final order. Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers who entered the final order. Disposition denying a stay is not subject to judicial review.

History

• Statutory Authority: Chapter 28B.50 RCW and RCW 42.56.040. WSR 12-03-093, § 132X-90-120, filed 1/17/12, effective 2/17/12.