Title 174 WAC — Evergreen State College, The

Chapter 174-108 Model rules of procedure.

Wash. Admin. Code § 174-108-910 Practice and procedure.

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

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-108-910, filed 1/26/90, effective 2/26/90.

Chapter 174-116 Parking regulations.

Wash. Admin. Code § 174-116-210 Purpose.

These rules govern motorcycle and motor vehicle parking at The Evergreen State College (college). The purpose of these rules is to facilitate campus safety and access. Specifically, these rules are intended:

(1) To expedite college business, protect state property, provide maximum safety and convenience for all;

(2) To assure access at all times for emergency vehicles, equipment, and personnel;

(3) To provide funds to establish, maintain and manage suitable, self-sustaining campus parking facilities through a principled and fairly administered process;

(4) To protect and control vehicular traffic;

(5) To protect pedestrians; and

(6) To encourage and support sustainable transportation, including travel to and from the college by means other than single occupancy vehicles.

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-210, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-215 Regulations.

Drivers and owners of vehicles on the property of the college are responsible for safe and lawful operation of those vehicles. Individuals operating or parking vehicles on college-owned property must at all times comply with the campus regulations, ordinances of Thurston County and laws of the state of Washington.

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-215, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-220 Authority.

(1) The college through its board of trustees is authorized to establish traffic and parking regulations as stated in RCW 28B.10.560.

(2) The college is authorized to issue permits, as defined in WAC 174-116-240, to park on the campus. All outstanding college parking violations must be satisfactorily settled before a quarterly, academic, or annual permit will be issued or renewed.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-220, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-220, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-225 Emergencies.

The vice president for finance and operations or their designee, has the authority to suspend, modify or repeal any or all provisions in this chapter for an authorized college event or in the event of an emergency, disaster or other like contingency. Such action must be limited in duration and scope to meet the institutional needs of the college and/or address the dangers of the contingency.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-225, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-225, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-230 Liability of college.

The college assumes no liability for motor vehicles or their contents when such motor vehicles are on campus. The college offers parking permits to those desiring to park on campus. A parking permit licenses the holder (licensee) to park one motor vehicle on campus within the respective designated parking area. The college is not responsible for fire, theft, damage, or loss of vehicle or any article left in such vehicle. A parking permit is a license to park and no bailment is created. A "motor vehicle" is defined as a vehicle that is self-propelled; for example cars, trucks, and motorcycles. Motor vehicles include a neighborhood electric vehicle as defined in RCW 46.04.357 and a medium-speed electric vehicle as defined in RCW 46.04.295. Electric personal assistive mobility devices and power wheelchairs are not considered motor vehicles.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-230, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-230, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-235 Enforcement.

(1) Whenever an unattended vehicle is parked in violation of these regulations, the college may take the registration number and other identifiable information and may affix to such vehicle a parking citation in a conspicuously visible location.

(2) When an attended vehicle is parked in violation of these regulations, and upon request of a parking enforcement officer or police services officer, the driver may be required to move the vehicle immediately to a designated parking area or off campus. Refusal to move the vehicle is a violation of these regulations and may warrant a parking citation.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-235, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-235, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-240 Parking permits—General information.

(1) Parking permits are issued by the college following application and the payment of the appropriate fees. A permit is defined as an authorization to park in designated areas and issued by the parking services office and associated with a vehicle's license plate number. All privately owned motor vehicles parked or left unattended on campus are required to have a valid Evergreen parking permit during specified days and hours. These hours are posted in each parking area at the entrance to the parking areas, or along the roadways where parking is indicated. The college maintains the authority to sell and require special event parking permits during times and days, including weekends, as established by the college. Vehicles parked on campus are required to have valid parking permits at all times and days of the week as established by these rules. A complete list of parking permits issued by the college is available in the parking services office and on the college's parking services website.

(2) Fees for parking and the effective date thereof, will be approved by the president of the college. Approved fee schedules will be available in the public area of the parking services office and on the college's parking services website.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-240, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-240, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-241 Parking permits—Special exceptions.

All persons parking vehicles on campus will park in an available space as established by the college parking regulations and will pay the established parking fee except as follows:

(1) Vehicles with government tax exempt licenses will be allowed to park without charge.

(2) Taxis and commercial delivery vehicles may enter the campus without payment of the parking fee only for pick-up and delivery of passengers, supplies and equipment.

(3) Permanently and temporarily disabled persons may request a disability parking placard from the parking office. Vehicles parked in handicapped-accessible spaces must have a paid parking permit and a state of Washington or college-issued temporary disabled parking placard to be valid.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-241, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-241, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-242 Parking permits—Issuance and display.

(1) All vehicles, attended or unattended, must be associated with a valid parking permit. Vehicles that are not associated with a valid permit may be cited for violation of a no paid permit.

(2) Ownership of permits is not transferable except when approved by parking services. If a registered vehicle is sold, the selling party should notify parking services so the vehicle can be disassociated with the permit holder. The permit holder may associate a different vehicle to the permit upon disassociation of the sold vehicle.

(3) Persons not residing on campus may apply for a second vehicle permit for a second car either personally, family, or employer owned. Proof of ownership or appropriate authorization must be presented prior to issuance of a second permit. Two vehicles using the same permit may not be parked on campus at the same time unless one is also associated with a valid daily permit.

(4) Vehicles with a valid permit may be parked in any designated campus parking lot authorized by the permit.

(5) Permit holders may obtain a complimentary temporary daily permit for a vehicle being used as a temporary replacement.

(6) No vehicle may be parked on campus for the purpose of using such vehicle as a living unit. Any exception must be approved by the director of police services or their designee.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-242, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-242, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-243 Parking permits—Validity and revocation.

(1) Parking permits will be valid from the date of purchase through the expiration date and/or time stated on the permit or expiration of time purchased from short term parking pay station, coin-operated parking meter, or mobile parking payment application.

(2) Parking permits are licenses and remain the property of the college. Parking permits may be revoked for any of the following reasons:

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

(b) When a permit is used in an unauthorized manner.

(c) Falsification of a second car parking permit application.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-243, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-243, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-250 Responsibility and presumption in reference to illegal parking.

(1) The registered owner or permit holder will be responsible for all parking violations involving the vehicle.

(2) In any review, appeal or hearing alleging the violation of any parking regulation, proof of the following will create a presumption that the registered owner or permit holder was the person who parked or placed the vehicle in the location where the violation occurred:

(a) Proof that the vehicle described was stopped, standing or parked in violation of a regulation; and

(b) Proof that the person named in the citation was the registered owner or permit holder of the vehicle when the citation was issued.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-250, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-250, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-255 Designated and assigned parking areas.

(1) The motor vehicle laws of the state of Washington and these rules will be applicable at all times in areas covered under the scope of this policy including all college-owned property.

(2) No vehicle may be parked on the campus except in those areas set aside and designated as parking areas.

(3) No vehicle may be parked in any parking area without a valid, current permit for that area issued by parking services.

(4) Vehicles may park only within marked spaces provided in each parking lot.

(5) Metered parking spaces require appropriate payment in the corresponding parking meter for valid parking, regardless of any permits associated with the vehicle.

(6) Vehicles parked in electric vehicle charging spaces are required to have a valid parking permit and must be actively charging as indicated by the charging station.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-255, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-255, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-261 Parking—Prohibited places.

(1) No vehicle may stop, stand or park so as to obstruct traffic along or upon any street or sidewalk or in any parking lot.

(2) No vehicle may park, stop or stand in a location likely to interfere with traffic flow except momentarily to pick up or discharge passengers.

(3) No vehicle may be parked on any lawn or grass areas except as required for maintenance or construction authorized by parking services.

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

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-261, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-262 Impounding and immobilization of vehicles.

(1) The expense of such impounding and storage will rest solely on the owner or permit holder of the vehicle. Neither the college nor its employees will be liable for loss or damage of any kind resulting from impounding and/or storage services provided by a private vendor.

(2) Any vehicle parked upon property of the college in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington, with at least three unpaid citations, with the oldest being at least thirty days old, may be either immobilized or impounded and removed for storage.

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

(4) If the vehicle is parked in a metered or timed space, notice of intent to impound will be posted on the vehicle for four hours prior to impound.

(5) Any vehicle that blocks, hinders, or obstructs a legally parked vehicle, crosswalk, sidewalk, disability access area, service drive, or loading zone may be cited, and after the college has made a reasonable attempt to contact the owner, the vehicle may be impounded immediately.

(6) Immobilization is defined as impounding the vehicle in place through the installation of a wheel boot, which is a device designed to prevent vehicles from being moved. It consists of a clamp that surrounds a vehicle wheel, and designed to prevent removal of both itself and the wheel. Immobilization may also be defined as impounding the vehicle in place through the use of a windshield covering device that uses powerful suction cups to adhere to the windshield and is designed to prevent unauthorized removal as well as preventing a clear view through the windshield prohibiting lawful driving of the vehicle. Release from in-place immobilization is contingent on payment of all outstanding fines and charges.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-262, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-262, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-266 Disabled or inoperative vehicle.

No disabled or inoperative vehicle will be parked on the campus for a period in excess of seventy-two hours without approval of parking services. Vehicles which have been parked for periods in excess of seventy-two hours and which appear to be disabled or inoperative may be impounded and stored at the expense of the registered owner. It is the responsibility of the owner or permit holder of a disabled vehicle to notify police or parking services of the vehicle's location and estimated time of removal or repair. A valid parking permit must be associated to the disabled vehicle while it is parked on campus.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-266, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-266, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-270 Access.

Privately owned motor vehicles will be driven only on those roadways designed and built for their use. Driveways and roads marked "service" may be used only by college employees in college-owned vehicles conducting official business, emergency vehicles, and authorized delivery vehicles. All other vehicles are prohibited from traveling or parking in these areas unless authorized by parking services. Brick-paved and other designated areas are for pedestrian and bicycle traffic only, except as needed for emergency vehicles or for maintenance of buildings or grounds. No person without authorization from the director of facilities or the director of police services will install, move, deface, or in any way change a sign, barricade, structure, marking or direction so placed, or previously placed, for the purpose of regulating traffic or parking.

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-270, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-275 Parking of motorcycles.

(1) Motorcycles are, for the purpose of these regulations, considered to be motor vehicles and are subject to all parking regulations.

(2) Motorcycles may be parked in designated motorcycle parking areas in addition to the stalls in the regular parking lots.

(3) Motorcycles are not permitted on paths, sidewalks, in buildings or in pedestrian areas at any time.

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-275, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-280 Citations, late fees and fines.

(1) Payment.

(a) Persons cited for violation of these regulations are required to pay a fine within ten days of the date of issuance of the citation. All parking fines and fees are due upon issuance. Thirty days after the issuance of the citation, a late fee will be added to the unpaid parking fine. For example, a parking citation issued on May 1st would be assessed a late fee on May 31st.

(b) All fines are payable via the parking services website or in person at the parking services office during normal business hours or other designated locations on campus. The notice of citation, citation number or vehicle license plate number must accompany any fine payment.

(2) Types of citations:

(a) No valid permit;

(b) Overtime parking;

(c) Improper position;

(d) Parking in a restricted space;

(e) Disabled zone;

(f) Parked at painted curb;

(g) Prohibited zone;

(h) Obstructing traffic;

(i) Parking in bus zone;

(j) Fire lane;

(k) Parked on grass;

(l) Altered permit;

(m) Nondesignated parking space;

(n) Expired meter;

(o) Wheel-lock; and

(p) Expired hourly parking.

(3) Fine amounts:

(a) When a citation is issued, fines are determined in accordance with a fine schedule. The fine schedule and the effective date thereof is approved by the vice president for finance and operations or their designee, and available in the parking services office and on the college's parking services website.

(b) Adjustments: When mitigating circumstances exist, the vice president for finance and operations or their designee may reduce or dismiss fines.

(4) Unpaid fines. If any fine remains unpaid after sixty days from the date of the notice of citation, the account may be referred for collection and subject to the college policy for accounts receivable collection process.

(5) Appeals: Citations may be appealed by submitting a written appeal to parking services within ten calendar days of the date the citation was issued. Appeals must be submitted to parking services via the citation appeal link on the parking services website or in person at the parking services office during business hours. If a timely appeal is not filed, the citation becomes final. Appeals decisions may dismiss, uphold the fine, reduce the fine amount if upheld, or turn the citation to a warning without a fine. Within ten calendar days following the appeal being reviewed, parking services will notify the appellant of the appeal decision. The appellant may request a second level review of the citation appeal within ten days notice of the initial appeal decision. The second level review will be conducted by the conference and parking services manager. The appellant must pay all fines before the secondary appeal will be reviewed. The citation may be dismissed, upheld, upheld with reduction in fines, or converted to a warning with no fines. If the secondary appeal decision results in citation dismissal or reduction in fines, a refund will be issued to the appellant in the amount paid. Additional appeal rights are governed by RCW 28B.10.560.

History

• Statutory Authority: RCW 28B.10.560. WSR 21-19-049, § 174-116-280, filed 9/13/21, effective 10/14/21. Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-280, filed 1/3/17, effective 2/3/17.

Wash. Admin. Code § 174-116-285 Severability.

If any provision of this chapter or its application to any person or circumstances is determined to be invalid, the remainder of the chapter and its application to other persons or circumstances is unaffected.

History

• Statutory Authority: RCW 28B.40.120. WSR 17-02-076, § 174-116-285, filed 1/3/17, effective 2/3/17.

Chapter 174-121 Social contract—College philosophy.

Wash. Admin. Code § 174-121-010 The social contract—College philosophy.

(1) General: Evergreen is an institution and a community that continues to organize itself so that it can clear away obstacles to learning. In order that both creative and routine work can be focused on education, and so that the mutual and reciprocal roles of campus community members can best reflect the goals and purposes of the college, a system of governance and decision-making consonant with those goals and purposes is required.

(2) Purpose:

(a) Evergreen can thrive only if members respect the rights of others while enjoying their own rights. Students, faculty, administrators, and staff members may differ widely in their specific interests, in the degree and kinds of experiences they bring to Evergreen, and in the functions which they have agreed to perform. All must share alike in prizing academic and interpersonal honesty, in responsibly obtaining and in providing full and accurate information, and in resolving their differences through due process and with a strong will to collaboration.

(b) The Evergreen community should support experimentation with new and better ways to achieve Evergreen's goals. Specifically, it must attempt to emphasize the sense of community and require members of the campus community to play multiple, reciprocal, and reinforcing roles in both the teaching/learning process and in the governance process.

(3) Freedom and civility: The individual members of the Evergreen community are responsible for protecting each other and visitors on campus from physical harm, from personal threats, and from uncivil abuse. Civility is not just a word; it must be present in all our interactions. Similarly, the institution is obligated, both by principle and by the general law, to protect its property from damage and unauthorized use and its operating processes from interruption. Members of the community must exercise the rights accorded them to voice their opinions with respect to basic matters of policy and other issues. The Evergreen community will support the right of its members, individually or in groups, to express ideas, judgments, and opinions in speech or writing. The members of the community, however, are obligated to make statements in their own names and not as expressions on behalf of the college. The board of trustees or the president speaks on behalf of the college and may at times share or delegate the responsibility to others within the college. Among the basic rights of individuals are freedom of speech, freedom of peaceful assembly and association, freedom of belief, and freedom from intimidation, violence, and abuse.

(4) Individual and institutional rights: Each member of the community must protect:

(a) The fundamental rights of others in the community as citizens;

(b) The right of each member in the community to pursue different learning objectives within the limits defined by Evergreen's curriculum or resources of people, materials, equipment and money;

(c) The rights and obligations of Evergreen as an institution established by the state of Washington; and

(d) Individual rights to fair and equitable procedures when the institution acts to protect the safety of its members.

(5) Society and the college:

(a) Members of the Evergreen community recognize that the college is part of the larger society as represented by the state of Washington, which funds it, and by the community of greater Olympia, in which it is located. Because the Evergreen community is part of the larger society, the campus is not a sanctuary from the general law or invulnerable to general public opinion.

(b) All members of the Evergreen community should strive to prevent the financial, political, or other exploitation of the campus by any individual or group.

(c) Evergreen has the right to prohibit individuals and groups from using its name, its financial or other resources, and its facilities for commercial, or political activities.

(6) Prohibition against discrimination: There may be no discrimination at Evergreen with respect to race, sex, age, handicap, sexual orientation, religious or political belief, or national origin in considering individuals' admission, employment, or promotion. To this end the college has adopted an affirmative action policy approved by the state human rights commission and the higher education personnel board. Affirmative action complaints shall be handled in accordance with state law, as amended (e.g., chapter 49.74 RCW; RCW 28B.16.100; chapter 251-23 WAC).

(7) Right to privacy:

(a) All members of the college community have the right to organize their personal lives and conduct according to their own values and preferences, with an appropriate respect for the rights of others to organize their lives differently.

(b) All members of the Evergreen community are entitled to privacy in the college's offices, facilities devoted to educational programs, and housing. The same right of privacy extends to personal papers, confidential records, and personal effects, whether maintained by the individual or by the institution.

(c) Evergreen does not stand in loco parentis for its members.

(8) Intellectual freedom and honesty:

(a) Evergreen's members live under a special set of rights and responsibilities, foremost among which is that of enjoying the freedom to explore ideas and to discuss their explorations in both speech and print. Both institutional and individual censorship are at variance with this basic freedom. Research or other intellectual efforts, the results of which must be kept secret or may be used only for the benefit of a special interest group, violate the principle of free inquiry.

(b) An essential condition for learning is the freedom and right on the part of an individual or group to express minority, unpopular, or controversial points of view. Only if minority and unpopular points of view are listened to, and are given opportunity for expression will Evergreen provide bona fide opportunities for significant learning.

(c) Honesty is an essential condition of learning, teaching or working. It includes the presentation of one's own work in one's own name, the necessity to claim only those honors earned, and the recognition of one's own biases and prejudices.

(9) Open forum and access to information:

(a) All members of the Evergreen community enjoy the right to hold and to participate in public meetings, to post notices on the campus, and to engage in peaceful demonstrations. Reasonable and impartially applied rules may be set with respect to time, place and use of Evergreen facilities in these activities.

(b) As an institution, Evergreen has the obligation to provide open forum for the members of its community to present and to debate public issues, to consider the problems of the college, and to serve as a mechanism of widespread involvement in the life of the larger community.

(c) The governance system must rest on open and ready access to information by all members of the community as well as on the effective keeping of necessary records.

(d) In the Evergreen community, individuals should not feel intimidated or be subject to reprisal for voicing their concerns or for participating in governance or policy making.

(e) Decision making processes must provide equal opportunity to initiate and participate in policy making, and Evergreen policies apply equally regardless of job description, status or role in the community. However, college policies and rules shall not conflict with state law or statutory, regulatory and/or contractual commitments to college employees.

(10) Political activities: The college is obligated not to take a position, as an institution, in electoral politics or on public issues except for those matters which directly affect its integrity, the freedom of the members of its community, its financial support, and its educational programs. At the same time, Evergreen has the obligation to recognize and support its community's members' rights to engage, as citizens of the larger society, in political affairs, in any way that they may elect within the provision of the general law.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 89-21-073, § 174-121-010, filed 10/17/89, effective 11/17/89.

Chapter 174-123 Student conduct code.

Wash. Admin. Code § 174-123-110 The Evergreen State College code of student rights and responsibilities.

This chapter will be known as the code of student rights and responsibilities (code) for The Evergreen State College.

A community exists on the basis of shared values and principles. At The Evergreen State College, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the code of student rights and responsibilities. These standards are embodied within a set of core values reflected in the college mission that include integrity, social justice, respect, community, and responsibility.

This document is to be understood in connection with WAC 174-121-010 Social contract, which is an aspirational document about how we wish to uphold our community, and to ensure an optimal experience for everyone involved in the college community.

The Evergreen State College can thrive only when all members of the community participate in the social contract, which prizes academic and interpersonal honesty, conveys our commitment to resolving differences with a strong will toward collaboration, and protects community values and individual rights. The code of student rights and responsibilities states specific procedures and standards for upholding the values and aspirations expressed in the social contract. Specifically, the code strives to afford opportunities for informal resolution, restorative practices, and education.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-110, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-110, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-120 Purpose.

The purpose of this code is to provide students with necessary information about their rights and responsibilities, and to inform students of the due process afforded in student conduct proceedings.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-120, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-120, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-130 Student rights and responsibilities.

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, faculty, and staff create these opportunities and conditions. 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 due process rights are guaranteed to each student within the limitations of statutory law and college policy:

(1) To be secure in their persons, housing, papers, and effects against unreasonable searches and seizures;

(2) No conduct sanction may be imposed on any student without notice to the accused of the alleged violations; and

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

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-130, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-130, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-140 Definitions.

Agreement of accountability means a written mutual agreement between the respondent and student conduct official which states the violations of the code and the resolution and sanction(s).

Business day means any calendar day, exclusive of weekends and federal and school holidays, in which the college is open to the public for business.

Calendar day means any day of the month including weekends and state holidays.

College means The Evergreen State College.

College official means any person employed by the college performing assigned teaching, administrative, or professional responsibilities.

College premises means all campuses including all land, buildings, facilities, and other property in the possession of or owned, used, leased, or controlled by the college including adjacent streets and sidewalks.

College-sponsored event or activity means activities or events involving planning or funding, or other authorized participation by the college.

Complainant means any person, group, or entity that submits a complaint alleging that a student or recognized organization violated the code and/or a person who believes they have been harmed by another student's behavior.

Complaint means a report that alleges a student or recognized organization violated the code.

Conduct appeal is the process by which a student or recognized organization can appeal their determination of responsibility and/or required resolutions and sanctions.

Conduct hold is a measure restricting release of a student's transcript, diploma(s), or other records; and access to registration prohibiting registration for any program or course.

Consent is affirmative, conscious, voluntary, and clear permission by word(s) or action(s) for specific activity. See the section on sexual misconduct for additional information.

Determination of responsibility means a decision of the student conduct official regarding whether or not the respondent is responsible for the alleged violation(s) of the code, including a required resolution and sanctions if appropriate.

Faculty member means any person employed by the college to conduct teaching activities or who is otherwise considered by the college to be a member of the faculty.

Filing is the process by which a document is officially delivered to a college official responsible for facilitating processes as outlined in the code. Filing will be considered completed upon actual receipt during office hours at the senior college official's office by:

(a) Hand delivery of the document to the senior college official's office; or

(b) Sending the document by email or first class mail to the senior college official's office or college email address.

Final determination means the college's final action with regard to a complaint. A final determination occurs when a conduct official, conduct review officer, senior college official, or student conduct appeal panel determines whether a respondent is responsible for the alleged violation(s) of the code; and

(a) No appeal or request for reconsideration is filed by the applicable deadline set forth in the code; or

(b) No appeal or request for reconsideration is allowed under the code.

Guest means any person who is not a member of the college community and is on college premises or at a college-sponsored event at the invitation and/or hosting of a student.

Informal resolution is the outcome of a conduct conference when a student and a student conduct official enter into an agreement of accountability.

Member of the college community means any person who is a student, faculty, staff, or volunteer. A volunteer is any person who is not receiving compensation for services or work for and/or at the college. A person's status in a particular situation will be determined by the senior conduct official or designee.

Mental safety is a state of mind characterized by the absence of fear or anxiety that substantially limits one's ability to participate in or benefit from the services, activities, or privileges provided by the college, or an employee to engage in their work duties.

No contact order means an order directing a student to have no contact with a specified member(s) of the college community, visitor(s), or particular college facilities. The order may include, but is not limited to, directives with regard to path of travel, parking, arrival on campus, or specified times for use of campus resources.

Policy means the official written policies and procedures of the college published on the college's website or in the college catalog, or posted anywhere on college premises or at college-sponsored events or activities; or the individual requirements of a department or office, or course syllabi or covenant.

Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; sex; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

Recognized organization means any group which has complied with the formal requirements for college recognition and is an officially recognized college organization. A group's status in a particular situation will be determined by the senior conduct official or designee.

Required resolution and sanction means the decision of the student conduct official regarding the resolution and sanction(s) appropriate to the level of responsibility for violating the code as conveyed in the determination of responsibility.

Respondent means any student or recognized organization alleged to have violated the code.

Restorative practice process means a process to involve those who have a stake in a specific violation of the code, to the extent possible and with their consent, to collectively identify and address harms, needs, and obligations. It may be part of a decision of the student conduct official regarding resolutions and sanctions in cases where the student or recognized organization has taken responsibility for their actions and a violation of the code.

Senior college official is the person designated by the college president to oversee the administration of the code, and for performing the other duties and obligations of the position.

Senior student conduct official means the primary college official authorized by the senior college official responsible for administration and implementation of the code.

Served notice is the process by which a document is officially delivered to a party. Unless otherwise provided in this code, service upon a party will be accomplished by:

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

(b) By sending the document by email or certified mail or first class mail to the party's last known address. A student's last known address will be the current address on file with the registrar unless a student has provided written notice of a different address to the office of the senior college official.

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

Sexual misconduct has the meaning ascribed to this term in WAC 174-123-170 Prohibited conduct.

Staff member means any person employed by the college in a nonfaculty role.

Student means:

(a) Any applicant who becomes enrolled, when an applicant commits violations of the code as part of the application process or commits violations of the code following their submittal of the application through official enrollment;

(b) Any applicant accepted for admission or readmission to the college;

(c) Any person currently enrolled at the college;

(d) Any person enrolled at the college in a prior quarter or summer session, and eligible to continue enrollment in the quarter or summer session that immediately follows; or

(e) Any person who was enrolled at the time of alleged violations of the code; or

(f) Any person not employed by the college on a permanent basis who resides in college housing.

Student conduct official means a college official authorized by the senior student conduct official to administer the code in response to a complaint.

Written notice means written communication personally provided to the student or registered organization or delivered via the student's or registered organization leaders' assigned college account electronic mail address.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-140, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-140, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-150 Jurisdiction.

(1) The code of student rights and responsibilities will apply to conduct by a student or a recognized organization that occurs:

(a) On college premises; or

(b) At or in connection with a college-sponsored activity or program; or

(c) At an off-campus location and, based on a reasonable person's standard, adversely affects a college community member's ability to participate in or benefit from the college's educational opportunities, programs, or activities, an employee's ability to engage in their work duties, or adversely affects the college's pursuit of its objectives.

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

(3) Students are responsible for their conduct as long as they meet the definition of student as defined in this code.

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

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

(6) The senior college official or their designee has sole discretion, on a case-by-case basis, to determine whether the code of student rights and responsibilities, or the college's student activities policies, or both will be applied to conduct by a recognized organization.

(7) Nothing in this code will be construed as being intended to create a legal obligation on the part of the college to protect any person or class of persons from injury or harm, or to deny students their legal and/or constitutionally protected rights.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-150, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-150, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-160 Computation of time.

In computing any period of time in these rules, the day from which the designated period begins to run will not be included. The last day of the period will be included unless it is a Saturday, Sunday, holiday, or campus closure, in which event the period runs until the end of the next day which is not a Saturday, Sunday, holiday, or campus closure. All college personnel responsible for administering the code will carry out their responsibilities promptly. Promptly means as soon as reasonably practicable under the facts and circumstances at the time, and pursuant to guidelines that may be adopted by the senior college official or their designee.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-160, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-160, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-170 Prohibited conduct.

The code of student rights and responsibilities recognizes two types of prohibited conduct: Conduct related to community, and conduct related to persons. The subsections below outline the basic structures of community that the code seeks to uphold, and the basic rights and expectations of students that the code seeks to support. Conduct prohibited under Title IX of the Education Amendments Act of 1972, 20 U.S.C. Sec. 1681, and associated procedures are set out in WAC 174-123-355 to 174-123-440 (supplemental Title IX student conduct procedures).

(1) Conduct related to community.

The Evergreen State College community is a vibrant and engaged collective of individuals who have committed to the mission of the college. The college's mission statement reads as follows: "As an innovative public liberal arts college, Evergreen emphasizes collaborative, interdisciplinary learning across significant differences. Our academic community engages students in defining and thinking critically about their learning. Evergreen supports and benefits from local and global commitments to social justice, diversity, environmental stewardship and service in the public interest." Students are encouraged to continue to grow individualistically while contributing to and shaping the Evergreen community as each person brings new ideas, new perspectives, and renewed focus that is invaluable at a liberal arts college.

Students in the college community are expected to practice academic integrity: To author their own ideas and critique and evaluate others' ideas in their own voices. The greater learning community of the college can thrive only if each person works with a genuine commitment to make their own authentic intellectual discoveries. To that end it is a community expectation that students and recognized organizations will not engage in the following prohibited conduct, which constitute violations of this code:

(a) Academic dishonesty which includes, but is not limited to, the following:

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

(ii) 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. Plagiarism may also include the unauthorized submission of academic work for credit that has been submitted for credit in another course;

(iii) 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;

(iv) Using assistance or materials that are expressly forbidden to complete an academic product or assignment;

(v) The unauthorized collaboration with any other person during the completion of independent academic work;

(vi) Knowingly falsifying or assisting in falsifying in whole, or in part, the contents of one's academic work;

(vii) Permitting any other person to substitute oneself to complete academic work; or

(viii) Engaging in any academic behavior specifically prohibited by a faculty member in the course covenant, syllabus, or individual or class discussion.

(b) Damaging, defacing, destroying, or tampering with college property or other personal or public property. This includes, but is not limited to, graffiti and vandalism.

(c) Disorderly conduct which includes any individual or group behavior which is abusive, obscene, violent, excessively noisy, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals. These behaviors include, but are not limited to, those which obstruct or interfere with institutional activities, programs, events, or facilities, such as:

(i) Any unauthorized occupancy of facilities owned or controlled by the college, or blockage of access to or from such facilities, or the occupation of college property after being given notice to depart;

(ii) Interference with the ability of any authorized person to gain access to any activity, program, event, or facility sponsored or controlled by the college;

(iii) Any obstruction or delay of a public safety officer, police officer, firefighter, EMT, or any official of the college;

(iv) The use of force or violence (actual or threatened) to deny, impede, obstruct, impair, or interfere with the freedom of movement of any person, or the performance of duties of any college employee;

(v) Participation in a disruptive or coercive demonstration. A demonstration is considered disruptive or coercive if it substantially impedes college operations, interferes with the rights of others, or takes place on premises or at times where students are not authorized to be;

(vi) Obstruction of the free flow of pedestrian or vehicular traffic on college property or at college sponsored/supervised functions; or

(vii) Public urination or defecation.

(d) Disruptive behavior in the classroom may be defined as, but not limited to, behavior that unreasonably obstructs or disrupts the learning environment (e.g., outbursts which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining the learning community as defined in the course syllabus or covenant, and the continued use, after being given notice to stop, of any electronic or other noise or light emitting device which disturbs others, unless use of such technologies are an authorized accommodation for a documented disability for that program).

The faculty member has responsibility for maintaining a productive classroom and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive behavior or behavior that violates the general rules and regulations of the college for each class session during which the behavior occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further conduct action can be effected only through appropriate procedures of the college. The faculty member may also report incidents of classroom misconduct to the student conduct office.

(e) Forgery, alteration, or the misuse of college documents, records or identification cards.

(f) Failure to comply with the direction of or failure to identify yourself to a college official or other public official acting in the performance of their duties.

(g) Unauthorized entry into or onto, or the unauthorized remaining in, or upon, any college premises; or the unauthorized possession, duplication, or use of a college key or other access device.

(h) Sounding of a false alarm which includes, but is not limited to, initiating or causing to be initiated any false report, warning or threat, such as that of fire, explosion or emergency that intentionally causes a false emergency response; and the improper use or disabling of safety equipment and signs.

(2) Conduct related to persons.

Students of The Evergreen State College are to practice good citizenship in the campus community and beyond. Our collective efforts include implementation of the education, experiential learning, and skills gained through engagement with the faculty, staff, and students of the college. Engagement can be through civil discussions, a free exchange of ideas, participation in events and programs, or through other interactions where the desire to create spaces for learning are present. Students are encouraged to pursue new opportunities to engage and expand their intellectual curiosities and develop an understanding of the global society in which we live.

Students in the college community participate with fellow community members (faculty, staff, students, and members of the community beyond The Evergreen State College) in dialogue, educational activities, social events, and more with a focus on civil engagement and being one's best self. To that end it is a community expectation that students or recognized organizations will not engage in the following prohibited conduct, which constitute violations of this code:

(a) Alcohol, drug, and tobacco violations.

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

(ii) Cannabis. The use, possession, delivery, or sale of cannabis or the psychoactive compounds found in cannabis, regardless of form, or being observably under the influence of cannabis or the psychoactive compounds found in cannabis. Cannabis use and possession is illegal under federal law and the college is required to prohibit the possession, use and distribution of illicit drugs, including cannabis, as a condition of receiving federal funding.

(iii) Drugs. The use, possession, delivery, sale, manufacture, or being observably under the influence of any mood altering drug, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner.

(iv) Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, and related products is prohibited except as allowed by college policy in designated smoking areas. Related products include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, vaporizers, and snuff.

(b) Assault. Unwanted touching, physical harm or abuse, or threats of physical harm or abuse which threaten the health or safety of another person.

(c) Cyber misconduct. The term "cyber misconduct" includes, but is not limited to, behavior involving the use of a computer, computer network, the internet, or use of electronic communications including, but not limited to, electronic mail, instant messaging, list serves, electronic bulletin boards/discussion boards, ad forums and social media sites or platforms, to disrupt college function, adversely affect the pursuit of the college's objectives, or to stalk, harm or harass, or engage in other conduct which threatens or is reasonably perceived as threatening the physical or mental safety of another person, or which is sufficiently severe, persistent, or pervasive that it interferes with or diminishes the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the college, or an employee to engage in work duties.

(d) Failure to be truthful to the college or a college official. This includes, but is not limited to, knowingly making false charges against another member of the college community; and providing false or misleading information in an application for admission or to gain employment.

(e) Failure to follow fire safety regulations. Failure to evacuate during a fire alarm; the improper use or damaging of fire prevention or safety equipment, such as fire extinguishers, smoke detectors, alarm pull stations, or emergency exits; or the unauthorized setting of fires.

(f) Harm. Behavior directed at an individual that based on a reasonable person's standard is sufficiently severe, pervasive, or persistent such that it diminishes or interferes with the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the college or an employee to engage in their work duties. This includes, but is not limited to, intimidation, verbal abuse, threat(s), bullying, or other conduct which threatens or is reasonably perceived as threatening the physical or mental safety of another person. Bullying is repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates another person.

(g) Harassment. Conduct against a person on the basis of protected status that is sufficiently severe, pervasive, or persistent as to interfere with or diminishes the ability of a person to participate in or benefit from the services, activities, or privileges provided by the college, or an employee to engage in work duties.

(h) Hazing. Conduct that includes any activity or method of initiation into a recognized organization or student social, living, learning, or athletic group that causes, or is likely to cause, bodily danger or physical or mental harm to any member of the college community.

(i) Knowingly assisting another person to violate the code or failing to report to a college official conduct that constitutes significant damage to property or a serious danger to the health or physical safety of an individual.

(j) Lewd conduct. Behavior which is sexualized or obscene that is not otherwise protected under the law including, but not limited to, exposing genitalia, and engaging in sexual intercourse or sexual activity in public.

(k) Obstructive behavior in conduct conferences or hearings. Any conduct at any stage of a process or investigation that is threatening or disorderly, including:

(i) Failure to abide by the directives of a student conduct official or college official(s) in the performance of their duties;

(ii) Knowing falsification, distortion, or misrepresentation of information before a student conduct official or hearing panel;

(iii) Deliberate disruption or interference with the orderly conduct of a conduct conference or hearing proceeding;

(iv) Making false statements to any student conduct officials or hearing panel;

(v) Attempting to influence the impartiality of a member of a hearing panel or a student conduct official prior to, or during the course of, a proceeding; or

(vi) Harassment or intimidation of any participant in the college conduct process.

(l) Recording. The recording of any private conversation, by any device, without the voluntary permission of all persons engaged in the conversation except as permitted by state law, chapter 9.73 RCW. For purposes of this section, the term "permission" will be considered obtained only when one party has announced to all other parties engaged in the communication or conversation that such communication or conversation will be recorded or transmitted; and the announcement itself is recorded as part of the conversation or communication.

(m) Retaliation. Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation of the 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 conduct proceeding.

(n) Theft (attempted or actual) of property, services, or identity. This includes, but is not limited to, using, taking, attempting to take, possessing, or aiding another to take college property or services, or property belonging to any person, without express permission. Identity theft is the use of another person's name and personal information including, but not limited to, private identifying information, without their permission in order to gain a financial advantage or obtain credit or other benefits in the other person's name.

(o) Viewing, distributing, photographing, or filming another person without that person's knowledge and voluntary permission, while the person being photographed, viewed, or filmed is in a place where they would have a reasonable expectation of privacy. The term "permission" will be considered obtained if there are signed waivers, written permission, or verbal agreement recorded with specificity to the content.

(p) Violation of any college policy including, but not limited to, residential and dining services policies, appropriate use of information technology resources policies, and WAC 174-136-043 regarding weapons.

(q) Violation of federal, state, or local law including being charged by law enforcement, or convicted of a felony or misdemeanor, under circumstances where it is reasonable to conclude that the presence of the person on college premises would constitute a danger to the physical or mental safety of a member(s) of the college community.

(r) Stalking is a course of conduct directed at a specific person or group that would cause a reasonable person to feel fear for their physical or mental safety, or the physical or mental safety of another. A course of conduct includes two or more acts including, but not limited to, those in which a person directly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about the complainant, or interferes with the complainant's property.

(s) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual exploitation, sexual violence, relationship violence, domestic violence, and stalking. Sexual harassment as prohibited by Title IX is defined in the supplemental Title IX student conduct procedures. See WAC 174-123-355.

(3) Sexual misconduct and consent.

In order to understand the definitions of prohibited conduct in this section, and to adjudicate complaints of sexual misconduct, it is necessary to provide a further definition of consent. This section provides information about consent related to sexual misconduct.

Consent means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

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

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

Consent cannot be obtained by force or coercion. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats or intimidation (words or actions that cause an individual to submit to or comply with sexual contact or intercourse due to fear for their safety and/or implied threats) that overcomes free will or resistance. Coercion is unreasonable pressure for sexual contact or sexual intercourse. When someone makes clear to another person by word or action that they do not want to engage in sexual contact or intercourse, that they want to stop, or that they do not want to go past a certain point of sexual contact or intercourse, continued pressure beyond that point is coercive.

(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, pervasive, or persistent as to:

(i) Deny or limit the ability of a person to participate in or benefit from the services, activities, or privileges provided by the college; or

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

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

(b) Sexual exploitation. The term "sexual exploitation" means conduct that takes nonconsensual or abusive sexual advantage of another for their own or another's benefit. Sexual exploitation includes, but is not limited to, nonconsensual recording of sexual activity or the nonconsensual distribution of a consensual or nonconsensual recording or image; going beyond the boundaries of consent; forcing another person to engage in sexual activity for payment; or knowingly exposing someone to or transmitting a sexually transmitted infection.

(c) Sexual violence. "Sexual violence" is a type of sexual discrimination and harassment. The term "sexual violence" means an act or acts of a sexual nature against a person without their consent. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, relationship violence, and stalking are all types of sexual violence.

(i) Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object 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 another body part or object, or oral copulation by mouth to genital contact. Nonconsensual sexual intercourse also includes forcing a person to engage in vaginal or anal penetration by a penis, object, tongue or finger, or oral copulation by mouth to genital contact.

(ii) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object or body part, by a person upon another person that is without consent and/or by force. Sexual contact includes intentional contact with the lips, breasts, buttock, groin, or genitals, or clothing covering any of those areas, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts, or any other intentional bodily contact in a sexual manner.

(d) Domestic violence. The term "domestic violence" means the infliction of physical harm, bodily injury, assault, or the fear of imminent physical harm, bodily injury, or assault committed against a current or former spouse or intimate partner, current or former cohabitant, a person with whom the person shares a child in common, or a person with whom one resides.

(e) Relationship violence. The term "relationship violence," also known as dating violence, means the infliction of physical harm, bodily injury, assault, or the fear of imminent physical harm, bodily injury or assault committed against a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship will be presumed based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(f) Stalking. The term "stalking" means a course of conduct directed at a specific person or group that would cause a reasonable person to feel fear for their physical or mental safety, or the physical or mental safety of another. A course of conduct includes two or more acts including, but not limited to, those in which a person directly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about the complainant, or interferes with the complainant's property.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-170, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-170, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-170, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-180 Purpose.

The student conduct process provides due process, educates students about their rights and responsibilities, and holds students accountable for their actions. If students believe that a student conduct official is not handling complaints according to these procedures, students should report their concern immediately. Students may report concerns to the senior college official or designee using the procedural review process outlined in WAC 174-123-250.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-180, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-180, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-190 Submitting a complaint.

(1) Any person may submit a complaint alleging a violation of the code. A complaint may be submitted through the online report form, or to a college official who is able to take action. This includes, but is not limited to, the student conduct officials, the Title IX officials, residential life staff, police services, or to the senior college official. Individuals may choose not to submit a report to police services alleging a violation of the code. A complaint should be submitted as soon as possible after the event has taken place. A group of people may make an initial complaint collectively.

(2) The senior student conduct official, or designee, will be responsible for addressing alleged violations of the code. If there is a question about who should be responsible for addressing a complaint, the senior college official, or designee, will assign responsibility for handling the complaint and if necessary, serve as a student conduct official.

(3) A complainant or respondent may request, in writing to the senior college official or designee, to have a complaint addressed by an alternate student conduct official if a bias, prejudice, or conflict of interest is identified. The senior college official or designee will have the final authority to determine the appropriate student conduct official to assign in this case.

(4) Based on the complaint, the senior student conduct official or designee will conduct an initial review of the complaint to determine jurisdiction and if there is clear information to indicate a possible violation of the code in order to determine next steps. The senior student conduct official or designee may elect to initiate a conduct conference, attempt to gather additional information to make a determination, or close the complaint without any further action. If the complaint is closed without any further action by the senior student conduct official or designee, the parties may be referred for additional resources.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-190, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-190, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-200 Interim measures.

(1) Interim restrictions. The student conduct official or designee may institute interim restrictions prior to, or at any stage during, a student conduct proceeding when the physical or mental safety of any member of the college community is deemed at risk. The interim restriction may include a no contact order and/or loss of privileges.

(a) A student issued an interim restriction that includes loss of privileges will receive written notice of the interim restriction, the reason for instituting an interim restriction, and advised of the date, time, and place for a hearing regarding the interim restriction before the student conduct official, or their designee. The hearing will take place no later than five business days from the effective date of the interim restriction.

(b) The interim restriction has immediate effect and will remain in place during any procedural review process, until an agreement of accountability exists, a student conduct official issues a determination of responsibility, an appeal panel issues a final determination, or the student conduct official notifies the respondent in writing that the interim restriction has been modified or is no longer in effect.

(2) Interim suspension. This is a temporary exclusion from enrollment, including exclusion from college premises or denial of access to all activities or privileges for which a respondent might otherwise be eligible, while an investigation or student conduct proceeding is pending. The senior college official or their designee may impose an interim suspension, which has immediate effect, if there is probable cause to believe that the respondent has violated any provision of the code and presents a substantial or ongoing danger to the physical or mental safety of any member of the college community; or poses an ongoing threat of substantial disruption of, or interference with, teaching, learning, or the operations of the college.

(a) Any student assigned an interim suspension will be provided oral or written notice of the interim suspension. If oral notice is given, a written notification will be served on the respondent within two business days of the oral notice.

(b) The written notice will be entitled "Notice of Interim Suspension" and will include:

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

(ii) The date, time, and location when the respondent must appear before the senior college official or their designee for a hearing on the interim suspension; and

(iii) 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 barred from the campus, a notice will be included that warns the student that their privilege to enter into or remain on college premises has been withdrawn, and that the respondent will be considered trespassing if the respondent enters the college campus other than as approved by the senior college official or their designee.

(c) The senior college official or their designee will conduct a hearing on the interim suspension within five business days after imposition of the interim suspension.

(d) During the interim suspension hearing, the issue before the senior college official or their designee is whether there are reasonable grounds to believe that the interim suspension should be continued pending the conclusion of student conduct proceedings and/or whether the interim suspension should be less restrictive in scope.

(e) The student will be afforded an opportunity to explain why interim suspension should not be continued while conduct proceedings are pending or why the interim suspension should be less restrictive in scope.

(f) If the student fails to appear at the designated hearing time, the senior college official or their designee may order that the interim suspension remain in place pending the conclusion of the investigation and conduct or Title IX proceedings.

(g) As soon as practicable following the hearing, the senior college official or their designee will issue a written decision which will include a brief explanation for any decision continuing and/or modifying the interim suspension.

(h) To the extent permissible under applicable law, the senior college official or their designee will provide a copy of the decision to all persons or offices who may be bound or protected by it.

(i) In cases involving allegations of assault, non-Title IX sexual misconduct, or Title IX sexual harassment, the complainant will be notified that an interim suspension has been imposed on the same day that the interim suspension notice is served on the student. The college will also provide the complainant with same day notice of any subsequent changes to the interim suspension order.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-200, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-200, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-200, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-210 Initiating a conduct conference.

A conduct conference is a meeting or a series of meetings, held between a respondent and a student conduct official. The student conduct official will explain to the respondent the process for addressing complaints under the code, advise the respondent of their rights and responsibilities, and review with the respondent the complaint and alleged violation(s) of the code.

(1) The respondent will meet with the student conduct official for a conduct conference as directed in a written notice. The notice will briefly describe the allegations and the provision(s) of the code the respondent is alleged to have violated. The notice will direct the respondent to schedule a conduct conference or direct the respondent to attend a conduct conference at a specific time and location. At the conduct conference, the student conduct official will present the allegations to the respondent and the respondent will be afforded an opportunity to explain what occurred. If the respondent fails to attend the conduct conference, a determination of responsibility and required resolution and sanction(s) may be determined in the respondent's absence.

(2) If there is more than one respondent involved in the complaint, the student conduct official, at their discretion, may conduct the conferences concerning each respondent either separately or jointly.

(3) In addition to information sought from the respondent regarding the allegations, the student conduct official may seek additional information from other persons with information relevant to the investigation of the complaint.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-210, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-210, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-220 Informal resolution and agreement of accountability.

The student conduct official will attempt to resolve a complaint informally using an agreement of accountability. If a complaint is not resolved using an agreement of accountability, the student conduct official will resolve the complaint by issuing a determination of responsibility and required resolution and sanction(s) as described in WAC 174-123-230.

(1) The student conduct official may work with any respondent who acknowledges responsibility for engaging in prohibited conduct to identify the resolution and sanction(s). If an agreement is reached, the resolution and sanction(s) will be contained in a written agreement of accountability signed by both the respondent and the student conduct official.

(2) A respondent who enters into an agreement of accountability will comply with the resolution and sanction(s) set forth in the agreement and will have no further right of appeal under the code. A respondent's failure to comply with an agreement of accountability may be the basis for a separate violation of misconduct under the code. A separate violation will be addressed using a conduct hold and/or initiating a conduct conference as described in WAC 172-123-210. The conduct hold will remain in effect until such time that the student satisfactorily completes all of the requirements of the agreement of accountability. If a complaint alleges non-Title IX sexual misconduct or assault, the informal resolution and agreement of accountability will not be used and a notice of determination of responsibility and required resolution and sanctions process (WAC 174-123-230) is used.

(3) A restorative practice process may be a component of an agreement of accountability in cases where the student has taken responsibility for their actions and a violation of the code. An agreement may be entered into as part of an agreement of accountability that the student is choosing to voluntarily participate in a restorative practice process. A restorative practice is intended to provide resolution and restoration for those negatively impacted by the code violation, as well as, give the respondent an opportunity to make the situation as right as possible.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-220, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-220, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-220, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-230 Notice of determination of responsibility and required resolution and sanctions.

(1) If a complaint is not resolved by entering into an agreement of accountability, the student conduct official will issue a determination of responsibility based on a preponderance of the evidence standard. Preponderance of the evidence standard means it is more likely than not that the information and evidence shows that an alleged policy violation did or did not occur.

(2) The student conduct official may take any of the following actions:

(a) Determine the respondent is not responsible for violating the code and end the conduct proceedings.

(b) Determine the available information is inconclusive at this time. The student conduct official may revisit the determination if additional relevant information becomes available.

(c) Determine the respondent is responsible for violating the code and issue required resolution(s) and sanction(s) as described in WAC 174-123-240.

(3) The determination of responsibility will identify the specific conduct that has violated the code. The required resolution and sanction(s) will state the tasks or actions, and associated deadlines, the respondent must execute to address violations of the code.

(4) The student conduct official's determination of responsibility and required resolution and sanction(s) will be final unless the respondent files a timely appeal to the senior college official. If a complaint alleges assault, non-Title IX sexual misconduct, or Title IX sexual harassment, the complainant is to be informed of the final determination and any required resolution and sanction imposed against the respondent and may file a timely appeal to the senior college official.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-230, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-230, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-230, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-240 Resolution and sanctions.

The following resolution and sanctions may be agreed to by, or required of, a respondent found to have violated the code. More than one resolution and sanction may be imposed for any single violation. Resolution and sanctions are based on the unique aspects of each situation and take into consideration the context and seriousness of the violation. In determining the resolution and sanctions, the student conduct official, the student conduct officer, or any appeal officer or panel, will consider history, patterns, and frequency of misconduct; severity and level of impact on the community; and a student's motivation and response to the allegations.

(1) Written warning: This is a written notice that the student has violated one or more terms of this code and that continuation of the same or similar behavior may result in further sanctions.

(2) Probation: A student will be on special status with conditions imposed for a defined period of time and includes the probability of more severe required resolution and sanctions if the student is found to violate the code during the probationary period.

(3) Suspension: Separation of the student from the college for a specified period of time, after which the student is eligible to return, provided that the student has complied with all conditions imposed as part of the suspension and the student is otherwise qualified for enrollment.

(4) Expulsion: Permanent separation of the student from the college with a notation on the student's transcript. This includes revocation of all rights and privileges of membership in the college community and exclusion from college activities, classes, and programs and college-owned or controlled facilities and property without any possibility of return. There will be no refund of tuition or fees for the quarter in which the sanction takes effect.

(5) Deferred action: Deferred action is most commonly applied to college suspension or expulsion, and college housing suspension or eviction. Deferred action may be applied to other sanctions with conditions stated that outline when the sanction will no longer be in a deferred status. Deferred action is a special status issued for a defined period of time in which the student must complete required resolutions and sanctions that are not included in the deferred status. If the student does not complete the required resolutions and sanctions or is found in violation of the code during the time period, the deferred action will take effect immediately without further review. This deferred action will be in addition to any required resolutions or sanctions arising from the new violation.

(6) Educational actions: The college may require the student to complete an educational activity or experience directly related to the violation committed, at the student's expense. This includes, but is not limited to, work assignments, essays, completion of a workshop or training, restorative practice, or service to the college community.

(7) Emergency contact or parental notification: In cases of suspension, expulsion, or significant health and safety concerns, the parent or emergency contact may be contacted to inform them of the suspension, expulsion, or health and safety concern.

(8) 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 having the professional credentials specified by the college. The student will sign all necessary releases: (a) To allow the college to provide the evaluator with all educational and other records in the student's college files; and (b) to allow the evaluator to provide the college with the evaluator's notes and file materials, including the results of tests, assessments, and report. 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.

(9) Loss of privileges: This may include, but is not limited to, the following restrictions:

(a) Attend college-sponsored activities or events;

(b) Hold an office or leadership position in any recognized organization or hold any elected or appointed office of the college;

(c) Limited access or restriction from college premises;

(d) Participate in cocurricular activities;

(e) Participate in study abroad programs or field work;

(f) 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;

(g) Student employment;

(h) Reside or be present in college housing;

(i) Use of college equipment.

(10) No contact order: An order directing a student to have no contact with a specified member of the college community, visitor, or particular college facility. The order may include, but is not limited to, directives with regard to path of travel, parking, arrival on campus, or specified times for use of campus resources.

(11) College housing suspension: Separation of the student from the residence halls for a defined period of time that includes being barred from college housing, after which the student is eligible to return. Conditions allowing for a student to return to college housing may be specified in the suspension.

(12) College housing eviction: Permanent separation of the student from college housing that includes being barred from college housing.

(13) Restitution: Reimbursement for loss or damage, to property or for injury to persons. This may take the form of appropriate service, monetary or material replacement, or a combination of both.

(14) Conduct hold: A measure restricting release of a student's transcript, diploma(s), or other records; and access to registration prohibiting registration for any program or course.

(15) Withholding admission or degree: The withholding of admission to, or the withholding of a degree awarded from, the college for a specified amount of time. Withholding of a degree will be noted on the student's academic record.

(16) Revocation of admission: The revocation of admission to the college. The denial of admission to the college may occur after admission and prior to initial enrollment.

(17) Revocation of degree: The revocation of a degree from the college may be a sanction in those cases in which egregious academic dishonesty is discovered subsequent to a student's graduation. Degree revocation must be approved by the board of trustees and will be noted on the student's academic record.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-240, filed 8/15/18, effective 9/15/18
• WSR 12-03-040, § 174-123-240, filed 1/10/12, effective 2/10/12.

Wash. Admin. Code § 174-123-250 Procedural review complaint.

A procedural review complaint may be used to resolve any student complaint related to a current process in which a determination has not been issued regarding the alleged violations of the code.

A procedural review complaint is a student's formal complaint concerning the application of policy, a procedural concern, or a condition in which a student believes the current process has been impacted. This complaint may include, but is not limited to, the inappropriate application of a policy, the process, or procedures not followed appropriately in the process, or other concerns related to the process.

It is recommended that a student first discuss their concerns with the student conduct official responsible for the process prior to filing a complaint.

No disciplinary or other unfavorable action may be taken against any student or anyone who may support or advise a student using these procedures. A student wishing to report the actions of another student cannot use this process and is to be referred to the submitting a complaint section of WAC 174-123-190.

(1) Making a procedural review complaint:

(a) A student with a procedural review complaint will report their concern in writing to the senior college official. While only one complaint may be made in the course of a proceeding, a complaint may address multiple concerns. A designated staff member will be assigned as the procedural review coordinator (coordinator) and the current code process that is the subject of the procedural review complaint will be put on administrative hold until the resolution of the complaint, except that the filing of a procedural review complaint will not cause any interim measures to be put on hold or halt the implementation of any interim measures.

(b) The coordinator will discuss the concern with the student. If the student has not already discussed the concern with the student conduct official, the coordinator may refer the student to the student conduct official.

(c) If the student elects to not discuss their concern with the student conduct official, or the procedural review complaint is not referred to or resolved by the student conduct official, the student will submit their concern as a written complaint to the coordinator. The written complaint should contain a complete and specific account of the student's complaint, including the policies, practices, procedures, or the condition complained of, with written evidence attached, and stating the remedy the student seeks.

(2) Resolution of procedural review complaint:

(a) The coordinator will investigate the student's written complaint by gathering information from the involved people named by the student as well as from others as necessary. The coordinator may ask those named to respond to the student's complaint in writing.

(b) The coordinator will make recommendations based on information presented in an effort to resolve the procedural review complaint. The student will be notified of the recommendations within five business days of the close of the investigation.

(c) Any recommendations by the coordinator will be instituted by the senior student conduct official or designee at the resumption of the process.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-250, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-260 Filing of appeal.

(1) A respondent may appeal a student conduct official's determination of responsibility and required resolution and sanction(s) by filing a written notice of appeal to the senior college official within ten calendar days of service of the student conduct official's determination. Failure to file a notice of appeal within the time period constitutes the waiver of the right to appeal and the student conduct official's determination of responsibility and required resolution and sanction(s) will be final.

(2) The student filing the notice of appeal must include a brief statement explaining why they are seeking review of the determination of responsibility and/or required resolution and sanction(s).

(3) Except in cases of interim measures, including interim suspension and/or interim restriction(s), the required resolutions and sanction(s) will be on hold pending the outcome of an appeal. Interim measures will remain in place pending the outcome of the appeal.

(4) The parties to an appeal will be the appellant and the student conduct official.

(5) On appeal, the college bears the burden of establishing the evidentiary facts underlying the determination of responsibility and required resolution by a preponderance of the evidence.

(6) The appellant has a right to a prompt and fair hearing as provided for in these procedures.

(7) Student conduct appeal to determinations in which the required resolution and sanction(s) include the following will be reviewed through a brief adjudicative proceeding:

(a) Suspensions of ten days or less;

(b) College housing suspension or eviction;

(c) Deferred action;

(d) Probation; and

(e) Any conditions or terms imposed in conjunction with one of the foregoing resolution and sanctions.

(8) Student conduct appeal to determinations in which the required resolution and sanction(s) include the following will be reviewed by the student conduct appeal panel:

(a) Suspensions in excess of ten days;

(b) College expulsions; and

(c) Complaints referred to the panel by the student conduct review officer or senior college official, or designee.

(9) Except as provided elsewhere in this code, warnings and findings of no responsibility are final and are not subject to appeal.

(10) In cases involving allegations of assault or non-Title IX sexual misconduct, the complainant has the right to appeal the following outcomes using the same procedures as set forth above for the respondent:

(a) The determination of responsibility; or

(b) Any required resolutions and sanction(s) imposed including a disciplinary warning.

(11) If the respondent appeals a decision imposing discipline for an assault or non-Title IX sexual misconduct violation, the college will notify the complainant of the appeal and provide the complainant an opportunity to participate in the appeal.

(12) Except as otherwise specified in the code, a complainant who appeals a determination of responsibility and required resolution and sanction(s) within ten calendar days of notice of the determination, or who participates as a party to a respondent's appeal of a determination of responsibility and required resolution and sanction(s) will be afforded the same procedural rights as are afforded the respondent.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-260, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-260, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-270 Brief adjudicative appeal proceedings—Initial hearing.

Brief adjudicative proceedings will be conducted by a conduct review officer. Conduct review officers shall be designated by the senior college official. The conduct review officer will not participate in any case in which they are or have been involved; or in which there is direct or personal interest, prejudice, or bias.

(1) The parties to a brief adjudicative proceeding are the respondent, the student conduct official, and the complainant in cases involving assault or non-Title IX sexual misconduct. Before taking action, the conduct review officer will conduct an informal hearing and provide each party:

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

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

(2) The conduct review officer will schedule an informal hearing and serve written notice of the hearing to the parties at least seven calendar days in advance of the hearing. The notice of informal hearing will include the following:

(a) The date, time, location, and nature of the hearing;

(b) A date by which the parties must identify advisors as well as requests for reasonable accommodations, if any;

(c) A date on which the parties may review documents held by the student conduct official; and

(d) A date by which the parties must provide a list of witnesses and copies of any documents to other parties and to the conduct review officer.

(3) The conduct review officer will serve an initial decision upon the parties within ten calendar days of the completion of the informal hearing. The initial decision will 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 business days of service of the initial decision, the initial decision will be deemed the final decision.

(4) If the conduct review officer determines that the respondent's conduct may warrant imposition of a college or college housing suspension of more than ten days or college expulsion or college housing eviction, the matter will be referred to the student conduct appeal panel for a new hearing.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-270, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-270, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-280 Brief adjudicative appeal proceedings—Administrative review of initial decision.

(1) An initial decision may be appealed to the senior college official or designee, provided a party files a written request including the grounds for appeal for review with the conduct review officer within ten calendar days of service of the initial decision. The grounds for appeal are limited to new information not available at the time of the initial process, procedural error that impacted the outcome of the process, and/or bias of the student conduct official, or the conduct review officer.

(2) The senior college official or designee will not participate in any case in which they are or have been involved as a complainant or witness, or in which there is direct or personal interest, prejudice, or bias.

(3) During the appeal, the senior college official or designee will give each party an opportunity to file written responses explaining their view of the matter and will make any inquiries necessary to ascertain whether the sanctions should be modified or whether the proceedings should be referred to the student conduct appeal panel for a hearing.

(4) The decision on appeal must be in writing and must include a brief statement of the reason for the decision and must be served on the parties within twenty calendar days of the request for appeal. The decision will contain a notice whether appeal to Thurston County superior court is available.

(5) If the senior college official or designee determines that the respondent's conduct may warrant imposition of a college suspension of more than ten days or college expulsion, the matter will be referred to the student conduct appeal panel for a hearing.

(6) In cases involving allegations of assault or non-Title IX sexual misconduct, the senior college official or designee, 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 assault or non-Title IX sexual misconduct were found to have merit and describing any resolution and sanctions and/or conditions imposed upon the respondent, including suspension or expulsion of the respondent. The decision will contain a notice whether appeal to Thurston County superior court is available.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-280, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-280, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-290 Appeal panel proceedings—Hearing procedures.

(1) If not addressed in the code, the proceedings of the student conduct appeal panel will be governed by the Administrative Procedure Act, chapter 34.05 RCW.

(2) The senior college official, or designee, will schedule a hearing before the student conduct appeal panel and serve written notice of the hearing to the parties at least ten calendar days in advance of the hearing. The notice period may be shortened by the senior college official, or designee, with the parties' permission; and the senior college official may reschedule a hearing to a later time for good cause.

(3) The notice of hearing will include the following:

(a) The date, time, location, and nature of the hearing;

(b) A date by which the parties must identify advisors as well as requests for reasonable accommodations, if any;

(c) A date by which the parties must provide a list of witnesses and copies of any documents to be provided to the appeal panel. The date for providing documents must be at least five business days prior to the hearing date. Documents and witness names submitted after the deadline stated in the hearing notice will be admitted at the discretion of the appeal panel. Documents and witness names submitted after the deadline may be excluded from the hearing absent a showing of good cause;

(d) A date on which the parties to the appeal may review documents and witness lists submitted to the panel, which must be no less than three business days prior to the hearing.

(4) The panel chair is authorized to make determinations regarding requests for postponement, release of information, or other procedural requests, provided that good cause for the request is shown. Requests for reasonable accommodations based on disability will be determined by the college's disability compliance officer.

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

(a) The student conduct official's determination of responsibility and required resolution and sanction(s);

(b) The decision of the conduct review officer, if any;

(c) The review on appeal of the senior college official, if any; and

(d) The notice of appeal by the respondent or complainant.

If doing so, the chair should remind the members that these documents 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 panel chair may provide copies of these admissible exhibits to the panel members before the hearing.

(7) Only those materials and information presented at the hearing will be considered. The chair may exclude or limit ineffectual, irrelevant, or unduly repetitious information.

(8) The student conduct official or designee, upon request, will provide reasonable assistance to the parties in obtaining relevant and admissible evidence that is within the college's control.

(9) Communications between panel 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. Any improper communication, as further provided in RCW 34.05.455, is prohibited.

(10) Each party may be accompanied at the hearing by an advisor of the party's choice. A respondent, or complainant in a case involving allegations of non-Title IX sexual misconduct or assault may elect to be represented by an attorney at the their own cost, and will be deemed to have waived that right unless, at least five business days before the hearing, written notice of the attorney's identity and participation is filed with the panel chair with a copy to the student conduct official. The panel will ordinarily be advised by an assistant attorney general. The student conduct official may be represented by an assistant attorney general.

(11) The complainant and the respondent are neither encouraged nor required to be assisted by an advisor of their choosing at their own expense. Both the respondent and the complainant will be provided the option to have a trained procedural advisor provided by the college to assist them prior to and during the hearing in order to understand their rights in the appeal process. A college procedural advisor may not represent an individual in the appeal proceeding. Proceedings will not be automatically delayed due to the scheduling conflicts of any advisor.

(12) Each party is expected to present all information during the proceedings.

(13) In cases where the complaint alleges non-Title IX sexual misconduct or assault, the complainant may present information during the proceedings.

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

(a) Proceed with the hearing and issue a determination; or

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

(15) The hearing is a closed proceeding which includes only members of the panel; the advisor to the panel, if any; the student conduct official and their advisor, if any; the complainant and the respondent and their advisor(s), if any; and persons requested to provide information at the hearing. Admission of any other person to the hearing is at the discretion of the panel chair.

(16) All procedural questions and other decisions are subject to the final decision of the panel chair unless otherwise provided for in these rules. The chair will ensure that the proceeding is held in an orderly manner such that the rights of all parties to a full, fair, and impartial proceeding that adheres to the code is achieved.

(17) There will be a single verbatim sound recording of the hearing, and the record will be on file with the senior college official and is the property of the college in accordance with RCW 34.05.449.

(18) All testimony will be given under oath or affirmation. Evidence will be admitted or excluded at the discretion of the panel chair.

(19) In cases involving allegations of non-Title IX sexual misconduct or assault, neither party will directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the other party. All cross examination questions will be directed to the panel chair, who has the discretion to pose the questions on the party's behalf.

(20) In cases involving Title IX sexual harassment, non-Title IX sexual misconduct, or assault, the senior college official may designate an external hearing panel chair to preside over the hearing. The external hearing panel chair will perform all of the functions of a presiding officer under the code of student rights and responsibilities and WAC 174-108-910, unless otherwise specified in the appointment letter.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-290, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-290, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-300 Appeal panel proceedings—Panel composition.

(1) The student conduct appeal panel will be composed of three members consisting of one faculty member, one staff member, and one student. One member will be designated by the senior college official or designee to serve as the chair of the student conduct appeal panel for a hearing.

(2) The faculty agenda committee will designate faculty members to serve on the student conduct appeal panel as needed.

(3) The senior college official or designee will be responsible for designating the student and staff members serving on the panel. The student members, including the selection of alternate members to serve as necessary, will be done through an open selection process established by the senior college official or designee.

(4) All panel members hearing cases involving sexual misconduct will have received training within the previous twelve months on the issues related to domestic violence, relationship violence, sexual misconduct, and stalking and how to conduct an investigation and hearing process that protects the safety of complainants, ensures fair proceedings, and promotes accountability in cases involving allegations of sexual misconduct.

(5) Members of the student conduct appeal panel will not participate in any case in which they are involved as a complainant or witness; or in which there is direct or personal interest, prejudice, or bias; or in which previous actions have been taken in an advisory capacity.

(6) A party may request removal of a member of the panel at the beginning of the hearing for reasons of bias, prejudice, or conflict of interest. The chair of the panel will be responsible for making decisions regarding removal, unless the student is requesting removal of the chair. When there is a request to remove the chair, and the chair does not voluntarily step down, the remaining members will vote on whether removal is warranted. If the remaining members disagree, the chair will be removed, and the senior college official will appoint an appropriate alternate member (i.e., faculty, student or staff) to serve on the panel for the removed member. The senior college official will also appoint the panel chair to replace the removed chair, the parties can agree in writing to proceed with the hearing with only two members setting aside the replacement measures.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-300, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-310 Appeal panel proceedings—Determination.

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

(2) Only members of the student conduct appeal panel and the advisor to the panel, if any, will be present for deliberations. Deliberations are not recorded.

(3) Within fifteen calendar days following the conclusion of the hearing, or the panel's receipt of closing arguments, whichever is later, the panel will issue a decision in accordance with RCW 34.05.461 and WAC 10-08-210 or written notice specifying the date by which it will issue a decision. The decision will include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses will be so identified.

(4) The panel's decision will also include a determination on appropriate resolution and sanction(s), if any. The panel may affirm, reverse, or modify the required resolution and sanction(s) issued by the student conduct official and/or issue additional sanction(s) or condition(s) as authorized herein.

(5) The panel's decision will also include a statement of the available procedures and time frames for seeking reconsideration. The decision will also include a notice whether appeal to Thurston County superior court is available.

(6) The panel chair will serve copies of the decision on the parties through the senior college official's office. It is the responsibility of the student to forward any notice or communication to their advisor. If a student signs a release of information, the chair of the panel will provide the decision to legal counsel representing a student.

(7) In cases involving allegations of assault, non-Title IX sexual misconduct, or Title IX sexual harassment, the chair of the student conduct appeal panel, on the same date as the decision is served to the respondent, will serve a written notice to the complainant informing the complainant of the panel's decision and describing any sanction(s) and/or condition(s) issued to the respondent, including suspension or expulsion of the respondent. The complainant may request reconsideration of the panel's decision subject to the same procedures and deadlines applicable to other parties. The notice will also inform the complainant of the available procedures and time frames for seeking reconsideration. The decision will also include a notice whether appeal to Thurston County superior court is available.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-310, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-310, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-320 Reconsideration.

(1) Within five business days of the written notice of the final determination, a party may submit a petition for reconsideration with the senior college official. The petition must state the specific grounds upon which relief is requested. The grounds for reconsideration are limited to new information not available at the time of the hearing, procedural error that impacted the outcome of the process, and/or bias of the student conduct official.

(2) The petition will be deemed submitted on the day of actual receipt by the senior college official's office. Service can be made by one of the following means:

(a) Email received by the office of the senior college official; or

(b) By deposit in the United States mail, postage prepaid, addressed as follows: The Evergreen State College, Student Conduct Appeal Panel, Office of the Senior College Official, 2700 Evergreen Parkway N.W., Olympia, Washington 98505; or

(c) By personal service which will be deemed accomplished by hand delivering the petition to the office of the senior college official during regular business hours at the address listed in (b) of this subsection.

(d) Within two days of being served, the senior college official will provide notice to all other parties, who have five calendar days to file their opposition to the petition for reconsideration.

(3) All reasonably available members of the panel that heard the original appeal will review the request for reconsideration and determine whether or not to grant the reconsideration. If a reconsideration is granted, the panel will review the submitted materials and make a determination.

(4) The final determination issued by the student conduct appeal panel will remain in effect during the time period that a petition for reconsideration is under review by the panel. Within twenty business days from the date of the petition the student conduct appeal panel will provide a determination or written notice specifying the date by which it will act on the petition.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-320, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-330 Retention of records.

(1) A student's conduct record may be retained for seven years after the final disposition of the case unless the college is required to retain the record for a longer period of time under another provision of state or federal law. When the resolution and sanction(s) includes college expulsion, or revocation of a degree the record will be retained in perpetuity. Final disposition is defined as when: A respondent fulfills the agreement of accountability or the required resolution and sanction(s) issued by the student conduct appeal panel.

(2) Other than college expulsion, degree revocation, or withholding of a degree, resolution and sanctions will not be made part of the student's permanent academic record, but will be part of the student's conduct record.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-330, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-340 Simultaneous civil or criminal proceedings.

(1) Code of student rights and responsibilities proceedings may be instituted and carried out without regard to any criminal or civil litigation or external processes with which the student may be involved. Issuance of a determination of responsibility or required resolution and sanction(s) by the student conduct official or appeal panel will not be subject to change because criminal charges or civil litigation from the same facts resulting in an allegation of violation of the code were dismissed, reduced, or resolved in favor of or against the respondent.

(2) If a respondent charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration, the respondent may petition the senior college official or designee to postpone action on the complaint until there has been a disposition of the criminal charge or of the consideration of filing such charge. The senior college official or designee has the discretion to grant or deny the request.

(3) When a respondent is charged by federal, state, or local authorities with a violation of law, the college will not request or agree to special consideration for the individual because of their status as a student. If the alleged criminal offense is also being addressed under the code, the college may advise off-campus authorities of the existence of the code and how such matters are typically handled within the college community.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-340, filed 8/15/18, effective 9/15/18.

Wash. Admin. Code § 174-123-355 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 Evergreen's standard disciplinary procedures, WAC 174-123-110 through 174-123-340, these supplemental procedures shall take precedence.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-355, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-360 Title IX definitions.

For purposes of the supplemental Title IX student conduct procedure, the following terms used have the definitions contained in the Title IX policy and procedure and the terms below are defined as follows:

(1) Consent means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

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

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

Consent cannot be obtained by force or coercion. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats or intimidation (words or actions that cause an individual to submit to or comply with sexual contact or intercourse due to fear for their safety and/or implied threats) that overcomes free will or resistance. Coercion is unreasonable pressure for sexual contact or sexual intercourse. When someone makes clear to another person by word or action that they do not want to engage in sexual contact or intercourse, that they want to stop, or that they do not want to go past a certain point of sexual contact or intercourse, continued pressure beyond that point is coercive.

(2) Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

(3) Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

(4) Formal complaint means a writing submitted by the complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the college conduct an investigation.

(5) Education program or activity includes locations, events, or circumstances over which Evergreen exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. It also includes any building owned or controlled by a student organization officially recognized by the college.

(6) Determination of responsibility means a decision of the hearing panel regarding whether the respondent is responsible for the alleged violation(s) of this Title IX policy. If the respondent is found responsible for the alleged violations, the determination of responsibility will include discipline and sanctions, as appropriate.

(7) Interim suspension means a temporary exclusion from enrollment, including exclusion from college premises or denial of access to all activities or privileges for which a respondent might otherwise be eligible, pending investigation and resolution of disciplinary proceedings pursuant to the procedure and standards set forth in WAC 174-123-200(2).

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-360, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-370 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, Evergreen 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. An Evergreen employee conditioning the provision of an aid, benefit, or service of Evergreen 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 Evergreen's educational programs or activities, or Evergreen 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: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-370, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-380 Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during an Evergreen 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 procedure, an "educational program or activity" is defined as locations, events, or circumstances over which Evergreen 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 Evergreen.

(3) Proceedings under this procedure must be dismissed if the Title IX coordinator determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of Evergreen's code of student rights and responsibilities, WAC 174-123-170.

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

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-380, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-390 Initiation of discipline.

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

(2) If the student conduct official determines that there are sufficient grounds to proceed under these procedures, the student conduct official will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the chair of the hearing panel. The hearing panel chair will serve 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 and the other party(ies) on the party's behalf;

(ii) An advisor may be an attorney; and

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

(iv) A party may select to have an individual as emotional support with them during Title IX processes. This individual is separate from an advisor, and will serve the purpose of providing care and emotional support for the party, but will not participate during the processes.

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

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-390, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-400 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the hearing panel chair will send a hearing notice to all parties, in compliance with WAC 174-123-290(3). In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report to the parties.

(2) A party may choose an advisor to be at the hearing with them. The advisor will be conducting the cross-examination of parties and witnesses. The full names and contact information for all advisors selected by the parties to appear at the hearing must be submitted to the hearing panel chair at least five days before the hearing.

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

(4) Parties may also select an individual to serve as emotional support during the hearing. This individual will not have a formal role in the hearing, and will serve the purpose of providing care and emotional support for the party.

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

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-400, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-410 Rights of parties.

(1) The Evergreen State College's code of student rights and responsibilities, this chapter, and this supplemental procedure shall apply equally to all parties.

(2) The college has 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 advisors. The parties are entitled to advisors of their own choosing and the advisor may be an attorney. If a party does not choose a process advisor, then the Title IX coordinator will appoint a process advisor of the college's choosing on the party's behalf at no expense to the party.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-410, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-420 Evidence.

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

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

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

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

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

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

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

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

(6) Privileged evidence: The hearing panel 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.

(7) Recording of live hearing: The live hearing will be audio-recorded, and copies may be provided to the parties, upon written request.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-420, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-430 Initial order.

(1) In addition to complying with WAC 174-123-310, the hearing panel 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 for each charge;

(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 hearing panel'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, the complainant is entitled to remedies designed to restore or preserve the complainant's equal access to Evergreen's educational programs or activities; and

(h) Describes the process for appealing the initial order.

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

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-430, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-440 Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The parties may by filing a written notice of appeal with the hearing panel chair within ten calendar days of service of the student conduct official's, or hearing panel's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the decision shall be deemed final.

Either party may appeal based on the following criteria: Procedural irregularity that affected the outcome of the determination; new evidence discovered that was not reasonably available at the time of the determination; a conflict of interest from a Title IX administrator; or severity of sanctioning is not consistent with the violation.

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

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

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, § 174-123-440, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 174-123-450 Code review.

This code will be reviewed at least once within every five-year period, and such review will include students, faculty and staff. The senior college official or designee will conduct the review.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 21-10-022, recodified as § 174-123-450, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.40.120. WSR 18-17-102, § 174-123-350, filed 8/15/18, effective 9/15/18.

Chapter 174-125 Required and emergency medical leave of absence.

Wash. Admin. Code § 174-125-010 Issuing a required medical leave of absence.

(1) The dean of student and academic support services, or the dean's designee, (hereinafter collectively referred to as the "dean") may require a student to take a medical leave of absence if a student has a physical illness or a mental, emotional or psychological condition and as a result of the condition:

(a) Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety or welfare of the student or others; or

(b) The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student, or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

(c) The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.

(2) In determining whether to require a student to take a medical leave of absence, the dean shall consult with the director of health and counseling services, or the director's designee (hereinafter collectively referred to as "director of health and counseling services") and, where possible, other persons who can provide relevant information about a student's condition.

(3) Prior to the dean requiring a student to take a medical leave of absence, the student shall be provided an opportunity to present information about his or her circumstances, where reasonably possible, to the dean. A student waives their opportunity to provide information if he or she is unwilling or unable to meet with the dean in a timely manner.

(4) The dean shall issue the required medical leave of absence in writing to the student. The written notice shall include the effective date of the leave, the reasons for requiring the leave, the conditions for reenrollment, and any restrictions imposed on the student's access to the campus or college-sponsored activities.

(5) The required medical leave of absence shall be effective twenty-one days after it is served on the student, unless the student files a timely written appeal of the dean's decision as set forth in these rules. Service of the dean's decision shall be complete upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

History

• Statutory Authority: RCW 28B.40.120. WSR 09-19-096, § 174-125-010, filed 9/18/09, effective 10/19/09.

Wash. Admin. Code § 174-125-015 Appealing a required medical leave of absence.

A student may appeal the dean's decision imposing a required medical leave of absence to the medical leave of absence review board (review board). The appeal must be submitted in writing to the vice president for student affairs within twenty days of service of the dean's decision.

History

• Statutory Authority: RCW 28B.40.120. WSR 09-19-096, § 174-125-015, filed 9/18/09, effective 10/19/09.

Wash. Admin. Code § 174-125-020 Hearing an appeal of a required medical leave of absence.

(1) Upon receipt of a timely appeal by a student of the dean's decision imposing a required medical leave of absence, the vice president of student affairs, or the vice president's designee, (hereinafter collectively referred to as the "vice president") shall convene the review board to hear the appeal. The review board may:

(a) Affirm the dean's decision;

(b) Affirm the dean's decision but alter the disposition from imposition of a required medical leave of absence to conditional enrollment under specified directives; or

(c) Reverse the dean's decision allowing the student to remain enrolled without restriction.

(2) The review board's decision shall be in writing and served on the student within seven business days of the hearing. Service of the decision shall be effective upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

(3) The review board shall be composed of at least three members drawn from a pool of academic deans and staff members not reporting to the dean who have been identified by the president. The president shall select one of the members to act as the chair at the hearing.

(4) The vice president shall notify the student in writing of the time, date, and location of the hearing.

(5) The review board shall conduct the hearing according to the Administrative Procedure Act, chapter 34.05 RCW.

(6) The chair of the review board may order the hearing closed to public observation as necessary to protect from disclosure medical or educational records held to be confidential under state or federal law.

History

• Statutory Authority: RCW 28B.40.120. WSR 09-19-096, § 174-125-020, filed 9/18/09, effective 10/19/09.

Wash. Admin. Code § 174-125-025 Emergency medical leave of absence.

(1) The dean may immediately require a student to take an emergency medical leave of absence if the student has a medical, or mental, emotional or psychological condition and as a result of the condition:

(a) The student is engaging in, or threatening to engage in, behavior that poses a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or

(b) The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student, or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or

(c) The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior imminently and substantially impeding the education processes or proper activities or functions of the college and its personnel.

(2) A decision by the dean requiring a student to take an emergency medical leave of absence shall be in writing and served on the student. The decision shall set forth the reasons for requiring the leave, and as appropriate, any restrictions imposed on the student's access to the campus or college-sponsored activities. Service of the decision shall be effective upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

(3) A student subject to an emergency medical leave of absence shall be provided a hearing before the vice president to appeal the dean's decision. The hearing shall occur within three business days of the student being served with the dean's decision imposing the emergency medical leave of absence unless a student elects to waive his or her right to a hearing. Except as otherwise provided herein, the process for conducting the hearing before the vice president shall be as per the Administrative Procedure Act, chapter 34.05 RCW.

(4) An emergency medical leave of absence shall take effect immediately and remain in effect until the review board's decision is issued regarding an appeal of a required medical leave of absence, unless the dean decides that the reasons for the emergency medical leave of absence no longer exist.

History

• Statutory Authority: RCW 28B.40.120. WSR 09-19-096, § 174-125-025, filed 9/18/09, effective 10/19/09.

Wash. Admin. Code § 174-125-030 Returning from a required medical leave of absence.

(1) A student wishing to be considered for reenrollment to the college shall submit an application for reenrollment to the dean at least one month prior to the start of the quarter in which the student wishes to reenroll. The student shall provide appropriate documentation with any conditions for reenrollment set forth in the dean's decision. If a student files an appeal of the dean's decision, and the conditions for reenrollment are modified by the review board, the student shall provide evidence that the conditions set forth in the review board's order have been met. A student must also meet all other admission or enrollment requirements of the college for reenrollment.

(2) The dean shall consult with the director of health and counseling prior to determining if the student may reenroll.

(3) The dean shall notify the student in writing of the decision and the conditions associated with the approval or denial for reenrollment.

History

• Statutory Authority: RCW 28B.40.120. WSR 09-19-096, § 174-125-030, filed 9/18/09, effective 10/19/09.

Chapter 174-131 Scholarships.

Wash. Admin. Code § 174-131-010 Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships at The Evergreen State College is located in the office of the dean of enrollment services on The Evergreen State College campus.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-131-010, filed 1/26/90, effective 2/26/90.

Chapter 174-132 Financial aid.

Wash. Admin. Code § 174-132-010 Financial aid.

Federal, state, and private financial aid applications and information may be obtained at the following address:

Office of Financial Aid

The Evergreen State College

Olympia, WA 98505

Award of federal and state aid will be made in accordance with applicable federal and state laws and regulations.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-132-010, filed 1/26/90, effective 2/26/90. Statutory Authority: RCW 28B.40.120(12). WSR 89-01-063 (Order 88-4, Resolution No. 88-41), § 174-132-010, filed 12/19/88.

Chapter 174-133 Organization.

Wash. Admin. Code § 174-133-010 Description of organization—Purpose.

The purpose of this chapter is to establish rules implementing RCW 34.05.220 (1)(b) and 42.17.250 (1)(a) and (b).

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-133-010, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-133-020 Organization—Operation—Information.

(1) Organization. The Evergreen State College is established in Title 28B RCW as a public institution of higher education. The institution is governed by a seven-member board of trustees appointed by the governor. The board normally meets the second Wednesday of February, April, May, June, August, October and December. The meeting schedule is published in the Washington State Register maintained by the code reviser's office. The board establishes such divisions and units necessary to carry out the purpose of the college, provides the necessary property, facilities and equipment and promulgates such rules, regulations, and policies as are necessary to the administration of the college. The board employs a president and has delegated to the president the authority to employ members of the faculty and other employees. The president acts as the chief executive officer of the institution and establishes the structure of the administration.

(2) Location. The Evergreen State College is located on a campus in Thurston County, near the city of Olympia, Washington.

(3) Operation. The administrative office of The Evergreen State College is at the following address:

The Evergreen State College Campus

Olympia, WA 98505

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:

The Evergreen State College Campus

Olympia, WA 98505

TESC Tacoma Campus

1202 Martin Luther King Jr. Way

Tacoma, WA 98405

(4) Additional and detailed information concerning the educational offerings may be obtained from the catalog, copies of which are available at the following address:

Office of Admissions

The Evergreen State College Campus

Olympia, WA 98505

History

• Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-133-020, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-133-020, filed 1/26/90, effective 2/26/90.

Chapter 174-135 Brief adjudicative proceeding.

Wash. Admin. Code § 174-135-010 Brief adjudicative proceeding.

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

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

(2) Appeals from traffic and parking violations;

(3) Challenges to contents of education records; and

(4) Financial aid appeals to the extent permitted by federal law.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-135-010, filed 1/26/90, effective 2/26/90.

Chapter 174-136 Use of college facilities.

Wash. Admin. Code § 174-136-040 Habitating in unauthorized places—Prohibition.

In the interest of health and safety and to preserve campus ecosystems, The Evergreen State College expressly prohibits overnight habitation by any person in any place on the campus, including its buildings, except that this prohibition shall not apply to:

(1) The facilities provided for such specific purpose by the college housing operation;

(2) The fire station, and the permanent domiciles located on the college's "organic farm," on the extension of Indian Rock Road, and on the leased property at the Nisqually River delta;

(3) Individuals for whom the prohibition is waived by a vice president or his/her designee for fixed temporal periods and at fixed locations.

History

• Order 76-1, § 174-136-040, filed 2/11/76.

Wash. Admin. Code § 174-136-042 Habitating in unauthorized places—Penalties for violation.

Any person who violates WAC 174-136-040 may be referred to civil authorities for appropriate prosecution, including prosecution for violation of the law of criminal trespass.

History

• Order 76-1, § 174-136-042, filed 2/11/76.

Wash. Admin. Code § 174-136-043 Weapons prohibited.

(1) Possession, display, storage, wearing, or use of firearms, explosives (including fireworks), dangerous chemicals or other weapons are prohibited on the college campus, college-owned property, college-approved housing, and at college-sponsored events, unless prior written approval has been obtained consistent with subsection (6) of this section.

(2) Firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.

(3) Weapon includes, but is not limited to:

(a) Any weapon that it is unlawful to possess under Washington law including, but not limited to, slungshot, sand club, metal knuckles, or spring blade knife;

(b) Stun guns, electroshock weapons, longbows, hunting bows, throwing weapons, air guns, pellet guns, paint ball guns, or other pneumatic propellant;

(c) Any other object or instrument apparently capable of producing bodily harm that is carried, exhibited, displayed or drawn in a manner, under circumstances, and at a time and place that manifests an intent to intimidate another or that warrants alarm for the safety of other persons including, but not limited to, daggers, swords, weapon replicas, knives or other cutting or stabbing instruments with blades longer than three inches, clubs, or bats.

(4) Possession of a valid concealed pistol license authorized by the state of Washington is not an exemption under this section. However, nothing in this section shall prevent an individual holding a valid concealed pistol license from securing their pistol in a vehicle as authorized under RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or securing their pistol with Evergreen police services under subsection (6) of this section.

(5) Individuals authorized to carry firearms or other weapons on the college campus, college-owned property, college-approved housing, and at college-sponsored events include, but are not limited to:

(a) Bank-related security personnel required by their office to carry such firearms or weapons;

(b) Duly appointed and commissioned law enforcement officers in the state of Washington, or commissioned by agencies of the United States government while on duty and engaged in their regular duties. A law enforcement agent must notify Evergreen police services of their presence on campus on arrival.

(6) Individuals seeking to bring a firearm or other weapon onto campus, college-owned property, or a college-sponsored event for display or demonstration purposes directly related to a legitimate pedagogical and/or other authorized or educational activity, must obtain prior written authorization from Evergreen police services, or any other person designated by the president of the college. Evergreen police services, or authorized designees, will review any such request and, if it is granted, may establish conditions to the authorization. If the request is denied, the requestor will be informed of the available appeal process, if any.

Other than individuals referenced in subsection (5) of this section, individuals who bring firearms or other weapons to campus must immediately place the firearms or weapons in the college provided storage facility. The storage facility is located at Evergreen police services.

Weapons that are owned by the college for use in organized recreational activities or by special groups, such as college-sponsored clubs or teams, must be stored in a location approved by the Evergreen police services. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.

Individuals may possess a personal protection spray device, as authorized by RCW 9.91.160, when possessed and/or used for self-defense while on college-owned property.

(7) Violations of the subsections of this section are subject to appropriate disciplinary or legal action including, but not limited to, exclusion from campus or expulsion.

History

• Statutory Authority: RCW 28B.40.120. WSR 18-19-045, § 174-136-043, filed 9/14/18, effective 10/15/18.

Chapter 174-140 State Environmental Policy Act rules.

Wash. Admin. Code § 174-140-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of The Evergreen State College that all actions taken by the college shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act) and chapter 197-11 WAC, as presently enacted or hereafter amended.

(2) The president of The Evergreen State College shall be responsible for administering and implementing this policy. The president shall designate the college personnel who will be responsible for carrying out the duties and functions of the college as set forth or incorporated herein.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-140-010, filed 6/13/97, effective 7/14/97.

Chapter 174-162 Student affairs—Release of student information—Financial obligation of students.

Wash. Admin. Code § 174-162-050 Withholding information.

There may be conditions such as unmet financial obligations, violations of nonacademic regulations, etc., under which the college will withhold credit reports, transcripts, certifications, or other information about a student.

History

• Order 76-4, § 174-162-050, filed 7/22/76.

Wash. Admin. Code § 174-162-300 Collection and appeal.

As an institution of public higher education administering public funds, the college has the responsibility to exercise due diligence in the collection of its outstanding accounts. To this end, the following policy is adopted:

(1) When students register, tuition and fee obligations are incurred unless the students officially withdraw by the fifth day of the quarter. Tuition and fees are payable in full by the fifth day of the quarter. Students who have not paid full tuition and fees prior to the sixth day of the quarter will be assessed a fifteen dollar late payment fee. Students who have not paid the full amount of tuition and fees by the thirtieth calendar day will be disenrolled for nonpayment of fees on the thirty-first calendar day. If the student is reinstated following disenrollment, a fifty dollar reinstatement fee will be assessed in addition to tuition and fees (as well as the late payment fee), and will be due and payable at the time of reinstatement. All other charges presented on accounts receivable statement forms are due and payable on the tenth day of the month following the month that the charges were recorded. Charges that are not paid when due are considered delinquent and as such are subject to interest and penalty charges.

(2) Every student has the right to appeal a decision to assess any fee, fine, charge, debt or other financial obligation to the college as long as the appeal is made within ten days after the written notice of assessment. The appeal must be in writing and directed to the budgetary unit head of the unit assessing the charge(s) in question. The budgetary unit head receiving the appeal must respond to the appeal within ten days of the date of the appeal. If the appeal is denied and the student has not resolved his or her financial obligation to the college within ten days after the response to the appeal, the college may take the action authorized by WAC 174-162-310. If the student is still in disagreement with the decision, he or she may initiate COG mediation procedures as long as those actions are started within ten days after the response to the appeal.

(3) All student charges will be turned over to student accounts for collection action.

(4) In the event an account becomes sixty days delinquent all facilities on campus will be notified to cancel all credit privileges for the account and the registrar will be advised to withhold the student's transcript and registration privileges.

(5) In the event an account becomes seventy-five days past due it will be turned over to the collection agency for collection and/or legal action if appropriate.

History

• Statutory Authority: RCW 28B.40.120(11). WSR 83-12-001 (Order 83-2, Motion No. 83-21), § 174-162-300, filed 5/19/83
• WSR 80-18-025 (Order 80-3, Resolution 80-43), § 174-162-300, filed 11/26/80
• Order 77-4, § 174-162-300, filed 12/16/77
• Order 77-1, § 174-162-300, filed 4/26/77.

Wash. Admin. Code § 174-162-305 Emergency loans collections policy.

Emergency loans are made by the office of financial aid to assist students with short-term financial problems. The success of this program is dependent on timely repayment of those loans because old loans must be collected before new loans can be made.

Emergency loans are generally made so the due date occurs within the same quarter the loan is taken. These loans are made for tuition and fees and a variety of other reasons when students are faced with an emergency situation or a cash flow problem. Each loan, regardless of size, will be charged a $2.00 service fee. Interest charges will not apply if the loan is repaid within thirty days. Loans not repaid within thirty days will be charged interest at one percent per month on the balance outstanding on the last day of each month.

Students who do not repay their emergency loans within thirty calendar days from their due date will have all credit privileges canceled, and the registrar will be advised to withhold the student's transcript and registration privileges. In the event an account becomes seventy-five days past due, it will be turned over to the collection agency for collection and/or legal action if appropriate.

History

• Statutory Authority: RCW 28B.40.120(11). WSR 83-12-001 (Order 83-2, Motion No. 83-21), § 174-162-305, filed 5/19/83
• WSR 81-15-017 (Order 81-2, Motion No. 81-20), § 174-162-305, filed 7/8/81.

Wash. Admin. Code § 174-162-310 Withholding degrees and transcripts.

Admission to or registration with the college, conferring of degrees and issuance of academic transcripts will be withheld for failure to meet financial obligations to the college.

History

• Order 77-1, § 174-162-310, filed 4/26/77.

Wash. Admin. Code § 174-162-320 Credit balances in student accounts.

Students are expected to pay all accounts promptly when due. Account credit balances resulting from nonrefundable deposits, financial aid awards, and other overpayments may be offset against any outstanding charges due the college in the order of established priority guidelines.

History

• Statutory Authority: RCW 28B.40.120(11). WSR 79-06-079 (Order 79-1, Motion 79-30), § 174-162-320, filed 5/31/79.

Wash. Admin. Code § 174-162-330 Exit interviews.

A student who has a national direct student loan has the responsibility to arrange an exit interview with the accounts receivable office upon graduation, withdrawal, or transfer to on-leave status. The exit interview may be conducted in person or, when necessary, by mail.

The registrar shall withhold the diploma and transcripts for any such student pending receipt of confirmation by the accounts receivable office that the required exit interview has been completed.

History

• Statutory Authority: RCW 28B.40.120(11). WSR 80-05-067 (Order 80-1, Motion #80-12), § 174-162-330, filed 4/23/80.

Chapter 174-168 Library circulation policy.

Wash. Admin. Code § 174-168-010 Access and use of library resources.

Any person has access to the public areas of the library. Library resources (except those noted below) may be borrowed by members of the Evergreen community with a valid Evergreen State College identification card, and by members of the local community who have suitable identification (e.g., driver's license).

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-13-028, § 174-168-010, filed 6/12/90, effective 7/13/90.

Wash. Admin. Code § 174-168-020 Loan periods and fines.

(1) General use library resources (print and nonprint).

(a) Polices for handling requests for library resources, including a schedule of fines and charges, will be published on the college website. Requests for library resources will be handled according to college policies and any licensing or contractual agreements to which the college is a party.

(b) Due dates will not exceed one academic quarter. Users should request renewals before due date.

(c) Users are guaranteed the use of the material for a period defined by policy, after which the material may be recalled to meet the needs of another user. The library will levy a fine if the user fails to return material by the recall date. In addition, if material is not returned within a specified period after the due date, the library will levy an additional fine.

(d) Special collections (print and nonprint) include, but are not limited to the following materials: Rare books, 16mm, reference, archives, DVD, and videotapes. These materials either do not circulate or are available for shorter loan periods. Some materials may require special permission or training before access is granted. If a special collection item is released for circulation and the item is not returned within a specified period after the due date, the library will levy a fine.

(2) Media services resources.

(a) The Evergreen State College will adopt policies for handling requests for media services and resources and will publish those policies, including a schedule of fines or service charges, on the college website. Requests for media resources and services will be handled according to college policies.

(b) Media services resources may be borrowed by members of the college community. The first priority for use of media services resources is for coordinated and contracted studies and evening and weekend studies.

(c) Media services may be provided to persons outside the college community. Charges for such services will reflect the cost to the college and the price of such services in the private marketplace. Reduced charges will apply for college-sponsored nonacademic programs, workshops, auxiliary services or self-sustaining programs.

(d) Borrowers may be required to carry insurance for high demand or high cost equipment for an extended loan period, or if the equipment is taken outside the country.

(e) College policies will specify overdue fines and will be published on the college's website. After an initial overdue fine is levied, additional, daily fines may be levied if the equipment is not returned. Daily fines may accumulate up to the replacement value of the item(s).

(f) Media loan reserves the right to deny privileges if a borrower is in violation of any media loan policy. Borrowers are liable for loss or damage of equipment and any associated overdue fines. The library may ask campus police to contact borrowers in cases when equipment is overdue.

(g) When equipment is returned and all fines have been paid, a borrower may request reinstatement of borrowing privileges.

(3) Borrowers who repeatedly ignore the rights of other borrowers or abuse the responsibilities inherent in sharing library resources with the rest of the Evergreen community may be denied the privilege of borrowing media and library resources for a period of time determined by the circulation manager or media services manager or their designees. Appeals of decisions by the circulation manager or media services manager or their designees must be made in writing within twenty calendar days to the dean of library and media services.

History

• Statutory Authority: RCW 28B.14.120. WSR 08-14-157, § 174-168-020, filed 7/1/08, effective 8/1/08. Statutory Authority: Chapter 34.05 RCW. WSR 90-13-028, § 174-168-020, filed 6/12/90, effective 7/13/90.

Wash. Admin. Code § 174-168-030 Lost and damaged library resources.

(1) The borrower is responsible for lost or damaged resources.

(2) The borrower is responsible for the proper operation of media loan equipment.

(3) When a borrower reports an item as lost or fails to return an item within a specified time, or when a borrowed item must be replaced due to damage, the borrower will be charged the full replacement value of the item. The method of determining the replacement value of items is established by college policy and published on the college website.

History

• Statutory Authority: RCW 28B.14.120. WSR 08-14-157, § 174-168-030, filed 7/1/08, effective 8/1/08. Statutory Authority: Chapter 34.05 RCW. WSR 90-13-028, § 174-168-030, filed 6/12/90, effective 7/13/90.

Wash. Admin. Code § 174-168-070 Circulation records.

Unless otherwise required by law, all library records that contain information about individual users of library services are confidential as provided in RCW 42.56.310.

History

• Statutory Authority: RCW 28B.14.120. WSR 08-14-157, § 174-168-070, filed 7/1/08, effective 8/1/08. Statutory Authority: Chapter 34.05 RCW. WSR 90-13-028, § 174-168-070, filed 6/12/90, effective 7/13/90.

Wash. Admin. Code § 174-168-080 Selection of resources and services.

It is the policy of The Evergreen State College to select for its library the best and most suitable library materials, library equipment, and library services. The college expressly rejects any form of selection based on censorship of materials or prejudicial considerations based upon race, color, religion, creed, national origin, sex, sexual orientation, gender identity, gender expression, marital status, age, disability, pregnancy, or status as a disabled veteran, a Vietnam era veteran or other covered veteran.

History

• Statutory Authority: RCW 28B.14.120. WSR 08-14-157, § 174-168-080, filed 7/1/08, effective 8/1/08. Statutory Authority: Chapter 34.05 RCW. WSR 90-13-028, § 174-168-080, filed 6/12/90, effective 7/13/90.

Chapter 174-276 Access to public records.

Wash. Admin. Code § 174-276-005 Purpose.

The purpose of this chapter is to provide for public access to existing, identifiable, nonexempt public records of The Evergreen State College in accordance with the Public Records Act, chapter 42.56 RCW.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-005, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-005, filed 6/13/97, effective 7/14/97.

Wash. Admin. Code § 174-276-010 Definitions.

(1) Public record. The term "public record" and other terms defined in the Public Records Act shall have the same meaning in this chapter that they have under the Public Records Act.

(2) Public Records Act. References in this chapter to the "Public Records Act" are to chapter 42.56 RCW.

(3) Requestor. A "requestor" is any person or entity requesting public records of The Evergreen State College pursuant to the Public Records Act.

(4) College. The term "college" means The Evergreen State College.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-010, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-010, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-010, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-030 Description of the college.

(1) Mission – Governance. The college is a public institution of higher education, established under chapter 28B.40 RCW as a state college. The college is governed by a board of trustees appointed by the governor. The board appoints a president who serves as the chief executive officer responsible for the administration of the college.

(2) College campus. The campus of the college is located at 2700 Evergreen Parkway N.W., Olympia, WA 98505. The college is located within Thurston County. The college operates the Tacoma Program at 1210 6th Ave, Tacoma, WA 98405.

(3) Policies and procedures. College policies meeting the definition of a "rule" under the Administrative Procedure Act, chapter 34.05 RCW are adopted by the board of trustees or designees and published in Title 174 of the Washington Administrative Code (WAC). Other college policies approved by the administration are published in college policies and procedures manuals.

(4) Documents index. As an institution of higher education, the college generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. Should the college possess such records, an index of final orders, declaratory orders, interpretive statements, and policy statements, entered after June 30, 1990, shall be available for public inspection at the office of the public records officer, and shall also be published on the college website. Any such index shall be organized by type of record, reviewed and updated at least once a year, and revised when deemed necessary. The secretary of the college's board of trustees does maintain and publish on the college website a document index of the board's approved meeting agendas and minutes. Inquiries may be directed to the secretary of the board in the office of the college president.

(5) College website. The college's official website, available at www.evergreen.edu, provides general information about the college and its governing board, administration, educational programs, and policies and procedures. Persons seeking public records of the college are encouraged to view the records available on the website prior to submitting a records request.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-030, filed 1/13/23, effective 2/13/23. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-030, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-040 Public records officer.

(1) Designation. A public records officer designated by the college shall be responsible for responding to public records requests in accordance with the provisions of this chapter and applicable provisions of the Public Records Act, chapter 42.56 RCW. The duties of the public records officer under this chapter may be delegated to one or more public records assistants designated by the college.

(2) Duties. The public records officer shall oversee the college's compliance with the Public Records Act. The records officer (or designee) and the college are responsible for providing the fullest assistance to requestors of public records, for ensuring that public records are protected from damage or disorganization, and for preventing records requests from excessively interfering with essential institutional functions or unreasonably disrupting the operations of the college. The college may take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to college staff.

(3) Records office. Inquiries regarding public records of the college may be addressed to the public records officer at the following office address:

Public Records Officer

The Evergreen State College

2700 Evergreen Parkway N.W., Library 3200

Olympia, WA 98505

360-867-6914

publicrecords@evergreen.edu

(4) Office hours. The regular office hours of the public records office are from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and college closures.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-040, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-040, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-040, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-050 Requests for public records.

(1) Written requests preferred. Requests for public records of the college may be addressed to the public records officer at the address given in WAC 174-276-040. The college encourages, but does not require, requestors to submit their request via email or by using the form made available on the college website (www.evergreen.edu/publicrecords). Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer or designee.

(2) Contents of records requests. A request for public records must include the following information:

(a) The name and contact information of the person requesting public records;

(b) The requestor's mailing address or email address;

(c) The date and time of the request;

(d) A description of the requested records that is sufficiently detailed to enable the public records officer and records custodians to identify and locate the responsive records;

(e) A statement indicating whether the requestor wishes to inspect the records or to receive copies of the records, and if copies are requested, the preferred format for receipt of the records (e.g., paper or electronic, and if electronic, pdf or other format); and

(f) A statement indicating the requestors preferred method for receipt of responsive records (i.e., email, postal service, or pickup).

(3) Lists of individuals for commercial purposes. State agencies and institutions are not permitted to provide lists of individuals for commercial purposes. A request for lists of individuals must be accompanied by the requestor's signed declaration that the list will not be used for commercial purposes. The public records officer may inquire as to the requestor's intended use of the list and may deny the request if it is evident from the request that the list will be used for commercial purpose.

(4) Assistance in identifying records. The public records officer may assist requestors in identifying the specific records sought by the requestor. With limited exceptions, a requestor may not be required to state the purpose of the request. However, the records officer may ask the purpose of the request if such inquiry will assist in identifying the records requested.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-050, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-050, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-050, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-060 Processing of public records requests.

(1) Applicable law. Requests for public records will be processed in accordance with these rules and applicable provisions of the Public Records Act, chapter 42.56 RCW. Guidance concerning the application of these rules may be found in the advisory model rules adopted by the attorney general under chapter 44-14 WAC.

(2) Prioritizing requests. Public records requests generally will be processed in the order in which they are received by the college's public records office, and within the staffing limitations of the office. However, the records office may expedite requests for a single record or for only a few records, if such records are easily identifiable and can be readily retrieved. The records office may ask, but not require, a requestor to prioritize the records the requestor is seeking.

(3) Clarification of requests. The public records officer may request clarification of a records request in accordance with applicable provisions of the Public Records Act. The requestor must respond to the request for clarification within 30 days of the request.

(4) Providing records by installment. If a requestor submits multiple records requests, or if a request seeks a large number of records or many different types of records, the public records office may provide access to the records in installments in accordance with applicable provisions of the Public Records Act.

(5) Denial of bot requests. The public records officer may deny a bot request as defined under the Public Records Act, RCW 42.56.080(3), if responding to the multiple requests would cause excessive interference with other essential functions of the college and the records officer reasonably believes the request was automatically generated by a computer program or script.

(6) Closure of requests. When the requestor withdraws the request, fails to respond to a request for clarification from the college within 30 days or clarify an entirely unclear request within 30 days, fails to provide signed certification that a request for records including a list of names is not for commercial purposes, or fails to fulfill the requestor's obligations to inspect records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and notify the requestor that the request has been closed.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-060, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-060, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-060, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-070 Records exempt from inspection or copying.

(1) Public Records Act exemptions. The Public Records Act, chapter 42.56 RCW, exempts from inspection or copying certain categories of records as set forth in the Public Records Act or under other statutes. The public records officer will disclose the existence of exempt records as required by law, but will deny the inspection or copying of such records to the extent that the records are exempt from inspections or copying under the Public Records Act or other applicable law.

(2) Commonly applied exemptions. The public records office maintains a list explaining the exemptions most commonly applied by the college in processing requests for public records. A copy of the list can be requested from the public records officer. Relevant exemptions will be provided to the requestor by the public records officer in responding to a request for records that are determined in whole or in part to be exempt from inspection or copying.

(3) Determining applicable exemptions. The public records officer may seek information from the requestor sufficient to determine whether another statute prohibits disclosure of the requested records. For example, student education records generally may not be disclosed to third parties without the student's written consent.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-070, filed 1/13/23, effective 2/13/23. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-070, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-080 Public records available for inspection.

(1) Scheduling of appointments. Public records identified as responsive to a public records request may be made available for inspection and copying during regular office hours by scheduling an appointment with the public records officer. The requestor must review the assembled records or installment of records within 30 days of being notified that the records are available for review. The records officer will notify the requestor in writing of this requirement and will ask the requestor to contact the records office to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the college may close the request.

(2) Protection of records. The public records officer will be responsible for providing full access to public records made available for inspection, for protecting the records from damage or disorganization, and for preventing excessive interference with essential college functions. Public records made available for inspection may not be removed from the office without the permission of the records officer.

(3) Copying of records. The public records officer will arrange for copying of any records designated by the requestor and will charge such copying fees as may apply under WAC 174-276-090.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-080, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-080, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-080, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-090 Copying fees—Payments.

(1) Fees and payment procedures. The following copying fees and payment procedures apply to requests to the college for public records under chapter 42.56 RCW received on or after the effective date of this section.

(2) Inspection of records. There is no fee for inspecting public records made available for inspection by the public records officer under WAC 174-276-080.

(3) Actual costs not calculated. Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (a) The institution does not have the resources to conduct a study to determine all its actual copying costs; (b) to conduct such a study would interfere with other essential college functions; and (c) through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(4) Default fees adopted. The college will charge for copies of public records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the college are summarized in the fee schedule available on the college's website at www.evergreen.edu.

(5) Advanced payment required - Fee waivers. Requestors are required to pay for copies in advance of receiving records or an installment of records. The public records officer will notify the requestor when payment is due. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when: (i) All of the records responsive to an entire request are paper copies only and consist of 25 or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(6) Copying fee deposits. The public records officer may require an advance deposit of 10 percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceed $25.

(7) Payment method. Payment should be made by credit card or debit card or by check or money order payable to The Evergreen State College. The college prefers not to receive cash. Cash payments will be accepted if made in the exact amount.

(8) Closure of request for nonpayment. The college will close a request when a requestor fails by the payment due date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-090, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.40.120(12). WSR 97-13-047, § 174-276-090, filed 6/13/97, effective 7/14/97. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-090, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-100 Review of denials of public records requests.

(1) Petition for internal administrative review. A requestor who objects to the denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The public records officer will promptly refer the petition to the office of the president. A senior administrator designated by the president will consider the petition and will render a decision within two business days following the initial receipt of the petition by the public records officer. The time for considering the petition may be extended by mutual agreement of the college and the requestor.

(2) Review by the attorney general's office. A requestor who objects to the denial or partial denial of a records request may request the office of the attorney general to review the matter as provided in RCW 42.56.530 and WAC 44-06-160. Requests for attorney general review must be directed to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100.

(3) Judicial review. A requestor may obtain judicial review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative review.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-100, filed 1/13/23, effective 2/13/23. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-100, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-276-110 Court protection of public records.

(1) Notifying interested persons. The college, as required by permitted law or contract, including any collective bargaining agreement, and in other appropriate circumstances, may notify persons named in a public record, or to whom the record specifically pertains, that release of the record has been requested and that such persons may apply to the superior court for a protective order under RCW 42.56.540.

(2) Applying for court protection. The college in appropriate circumstances may apply to the superior court for a protective order enjoining the examination of any specific public record in accordance with the procedures under RCW 42.56.540. Nothing in this chapter shall be construed as either requiring or prohibiting the college's application to the court for such an order.

History

• Statutory Authority: RCW 28B.40.120, chapters 34.05 and 42.56 RCW. WSR 23-03-081, § 174-276-110, filed 1/13/23, effective 2/13/23. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-276-110, filed 1/26/90, effective 2/26/90.

Chapter 174-280 Family Educational Rights and Privacy Act of 1974.

Wash. Admin. Code § 174-280-010 General policy.

The Evergreen State College must insure that information contained in student records is treated responsibly with due regard for its personal nature, and for the students', college's, and community's needs. The following guidelines implement this general policy and respond to the requirements of Public Law 93-380 (Family Educational Rights and Privacy Act of 1974).

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-010, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-015 Definitions.

For the purposes of WAC 174-280-010 through 174-280-045, the following terms shall have the definitions shown:

(1) A "student" is any person who is or has been registered at Evergreen, with respect to whom Evergreen maintains educational records or other information personally identifiable by name, identification number, or other names of recognition.

(2) The term "educational records" means those records, files, documents and other materials maintained by Evergreen which contain information directly related to the individual student.

(3) The term "directory information" means the student's name, address, telephone number, dates of attendance, date and place of birth, major field of study, participation in officially recognized activities and sports, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) The term "crime of violence" means:

(a) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

(b) Any other offense that is a felony and that, by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(5) "Sex offense" is any sexual act directed against another individual, forcibly and/or against their will; or nonforcibly and/or against their will where the individual is incapable of giving consent.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 99-12-024, § 174-280-015, filed 5/25/99, effective 6/25/99. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-015, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-020 Disclosure to the student.

(1) A student has the right to inspect, and request copies of his or her education records, except that a student is not entitled to access to:

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

(b) Records made and maintained in the normal course of business which relate exclusively to the person's capacity as an employee and are not available for any other purposes;

(c) Records on a student which are created or maintained by a physician, psychiatrist or other officially recognized professional or para-professional acting in his or her professional or para-professional capacity, and which are created, maintained or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment: Provided, however, That such records can be personally reviewed by a physician or other appropriate professional of the student's choice;

(d) A parent's confidential financial statement unless the student's parent or guardian has granted permission for access in writing either on the statement or in a separate authorizing letter;

(e) Records or/and documents of the security office which are kept apart from educational records and which are maintained solely for law enforcement purposes and which are not made available to persons other than law enforcement officials of the same jurisdiction, if security office personnel do not have access to educational records under subsection (1) of this section.

(2) Recommendations, evaluations or comments concerning a student, whether or not provided in confidence, either expressed or implied, as between the author and the recipient, shall nonetheless be made available to the student, except that:

(a) The student may specifically release his right to review where the information consists only of confidential recommendations respecting admission to any educational institution, or an application for employment, or receipt of an honor or honorary recognition, by submitting the release in writing to the Evergreen individual(s) or office(s) having custody of the particular record;

(b) A student's waiver of his or her right of access to confidential statements shall apply only if the student is, upon request, notified of the names of all persons making confidential statements concerning him or her, the dates of such confidential statements were provided; and such confidential statements are used solely for the purpose for which they were originally intended, and such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from Evergreen;

(c) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under this subsection: Provided, however, That upon request the student is notified of the names of the authors of all such confidential records, the dates appearing on such confidential records and the purpose for which each confidential record was provided. Such records shall remain confidential and shall be released only with the consent of the author. The student will initiate any request for release by direct contact with the author. Confidential information will then only be released to the student upon receipt of written consent of the author. Such records shall be used by the institution only for the purpose for which they were originally intended.

(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to that student.

(4) Charges for copies of education records shall not exceed one dollar per page.

(5) The registrar is the official custodian of academic records and therefore is the only official who may issue a transcript of the student's official academic record or prepare other copies of the student's records on file in the registrar's office.

(6) Student education records may be destroyed in accordance with routine retention schedules. In no case will any record which is requested by a student for review in accordance with this section and WAC 174-280-025 be removed or destroyed prior to informing the student and, if requested, providing the student access.

(7) A student's right to inspecting and securing copies of his or her education records passes to the student's heir(s) upon his or her death.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-020, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-025 Requests and appeal procedures.

(1) A request by a student for review of information should be made in writing to the Evergreen individual(s) or office(s) having custody of the particular record. The individual(s) or office(s) having custody of the record requested shall require presentation of proper identification, including validation of identity by way of student's photo I.D. card and/or signatures, from the requesting student.

(2) The individual(s) or office(s) must respond to a request for educational records within a reasonable period of time, but in no case more than forty-five days after the request has been made. Those specific cases identified in WAC 174-280-020(1) are exempted from coverage under this section.

(3) After reviewing his or her records, a student may challenge the content of the records if the student believes them to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student. In such cases the student should contact the appropriate dean or director responsible for custody of the record. If a student has been unable to negotiate correction of or deletion of inaccurate, misleading or otherwise inappropriate data, he or she may pursue the grievance procedures in chapter 174-108 WAC and may place a written statement of rebuttal in his or her official records.

(4) Request for public records must be submitted in accordance with procedures outlined in chapter 174-108 WAC.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-025, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-030 Release of personally identifiable records.

(1) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the following:

(a) Evergreen staff, faculty, and student employees when the information is specifically required for a legitimate educational interest within the performance of their assigned responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those assigned responsibilities;

(b) Federal and state officials requiring access to educational records in connection with the audit and evaluation of a federally- or state-supported education program or in connection with the enforcement of the federal or state legal requirements which relate to such programs. In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students to other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation or enforcement of legal requirements;

(c) Agencies or organizations requesting information specifically required as a part of a student's application for, or receipt of, financial aid, with the understanding that its use will be strictly limited to that purpose;

(d) Organizations conducting studies for or on behalf of the college for purposes of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it was provided;

(e) Accrediting organizations in order to carry out their accrediting functions, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it was provided;

(f) Any person or entity designated by judicial order or lawfully issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith. Any college individual(s) or office(s) receiving a subpoena or judicial order for educational records should also immediately notify the assistant attorney general assigned to Evergreen;

(g) A collection agency under contract to Evergreen when necessary to collect past due accounts the student owes to Evergreen upon the condition that the student is forwarded a notice at least ten days in advance of the date the account is transferred;

(h) Results of campus disciplinary action(s) involving a crime of violence and/or sex offense(s) will be disclosed to the accuser upon request. Results will be disclosed only after a finding has been made and appeal options have been exhausted under The Evergreen State College's student conduct code.

(2) Where the consent of a student is obtained for the issuance of education records, it shall be in writing, signed and dated by the student giving the release, and the names of the parties to whom such records will be released, and may include the reasons for such release, except that transcripts may be issued to other colleges or universities for admission as a result of telephone requests from the student.

(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e), (f), and (g) of this section, the appropriate Evergreen official shall maintain a record, which will be made available to the student upon request kept with the education record, which will indicate the parties which have requested or obtained access to a student's records maintained by the college and which will indicate the legitimate interest of the investigating party. Releases in accordance with subsection (1)(a) of this section need not be recorded.

(4) Personally identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally identifiable form to any other parties without obtaining consent of the student.

(5) Students may request that the college not release directory information by written notice to the registrar.

(6) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is clearly necessary to protect the health or safety of a student or other person(s).

(7) Student information in computer files may be released only by the Evergreen individual or office which maintains the respective files.

History

• Statutory Authority: RCW 28B.40.120(12). WSR 99-12-024, § 174-280-030, filed 5/25/99, effective 6/25/99. Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-030, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-035 College records.

(1) All Evergreen individual(s) or office(s) which have custody of education records will develop implementation procedures in accordance with WAC 174-280-010 through 174-280-045.

(2) Disciplinary records shall be kept separate and apart from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action. Special precautions shall be exercised to insure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provisions shall be made for periodic review and routine destruction of inactive disciplinary records by offices maintaining such records.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-035, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-040 Release of publicity information.

The college relations officer of the college may refer to "directory information" concerning the availability of information which may be released generally concerning enrolled students. Students may request that the college not release publicity information by written notice to the college relations office.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-040, filed 1/26/90, effective 2/26/90.

Wash. Admin. Code § 174-280-045 Notice of rights.

In accordance with the requirements of the federal statute, the college through the office of the dean of enrollment services will annually notify all enrolled students of their rights under WAC 174-280-010 through 174-280-045 to include:

(1) The types of educational records and information contained therein which are directly related to students and maintained by the institution.

(2) The name and position of the official responsible for the maintenance of each type of record, the persons who have access to those records, and the purposes for which they have access.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-04-011, § 174-280-045, filed 1/26/90, effective 2/26/90.

Chapter 174-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 174-400-010 Immediate suspension.

Student athletes found to have violated chapter 69.41 RCW (Legend drugs—Prescription drugs) shall, upon conviction, be immediately suspended from participation in school-sponsored athletic events by the director of athletics. The period of loss of eligibility to participate will be determined by the director of athletics at the conclusion of a brief adjudicative hearing, to be commenced within twenty days of the suspension.

History

• Statutory Authority: Chapter 34.05 RCW. WSR 90-05-031, § 174-400-010, filed 2/14/90, effective 3/17/90.