Title 132i WAC — Highline College

Chapter 132I-104 Bylaws of the board of trustees.

Wash. Admin. Code § 132I-104-020 Seal and name of the college district.

The board of trustees shall maintain an official seal for use upon any or all official documents of the board. The seal shall have inscribed upon it: Highline College, Community College District 9.

History

• Order 005, § 132I-104-020, filed 2/27/74.

Wash. Admin. Code § 132I-104-030 Officers of the board.

At the first regular meeting of the board each fiscal year, the board shall elect, from its membership, a chair and vice chair to serve for the ensuing year. In addition, the president of Community College District 9 shall serve as secretary to the board of trustees as specified by state law. The secretary may, at his discretion, appoint an appropriate college staff member to act as recording secretary for all regular and special meetings of the board.

(1) The chair, in addition to any duties imposed by rules and regulations of the state board for community college education, shall preside at each regular or special meeting of the board, sign all legal and official documents recording actions of the board, and review the agenda prepared for each meeting of the board. The chair shall, while presiding at official meetings, have full right of discussion and vote.

(2) The vice chair, in addition to any duties imposed by rules and regulations of the state board for community college education shall act as chair of the board in the absence of the chair.

(3) The secretary of the board shall be the president of Community College District 9 and shall serve as chair, without privilege of vote, in any official meeting of the board conducted in the absence of the chair and vice chair. In addition to any duties imposed by rules and regulations of the state board for community college education, he shall keep the official seal of the board and maintain all records of meetings and other official actions of the board. The secretary shall also be responsible for board correspondence, compiling the agenda for meetings, and distributing the minutes of the meetings and related reports. The secretary, or his designee, must attend all regular and special meetings of the board, and official minutes must be kept of all such meetings excepting study and executive sessions.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-030, filed 7/21/92, effective 8/21/92
• Order 005, § 132I-104-030, filed 2/27/74.

Wash. Admin. Code § 132I-104-040 Restrictions of individual authority.

Legal authority is vested in the board of trustees and may be exercised only by formal action of the board, taken in regular or special meetings. No individual member of the board may act on behalf of the board unless specifically instructed by action of the board. Three members shall constitute a quorum and no action may be taken with less than a quorum present.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-040, filed 7/21/92, effective 8/21/92
• Order 005, § 132I-104-040, filed 2/27/74.

Wash. Admin. Code § 132I-104-065 Meetings of the board of trustees.

The board customarily holds monthly meetings on the second Thursday of each month at such place as it may designate. Notices of the time and place of all regular and special meetings shall be governed by the requirements of chapter 42.30 RCW, Open Public Meetings Act, as now or hereafter amended.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-065, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-104-080 Information for board members.

Any matters of correspondence must be received by the secretary of the board by 12:00 noon ten days before the meeting in order to be included on the agenda. The chair or secretary may, however, present a matter of business received too late for inclusion on the agenda if in his judgment the expedient consideration of the matter would be beneficial to the college.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-080, filed 7/21/92, effective 8/21/92
• Order 005, § 132I-104-080, filed 2/27/74.

Wash. Admin. Code § 132I-104-090 Order of business.

(1) The order of business governing all regular meetings of the board of trustees shall be as follows:

(a) Roll call

(b) Approval of previous minutes

(c) Correspondence

(d) Standing reports

(e) Recommendations for action

(f) Reports

(g) Discussion

(h) Unscheduled business

(i) New business

(j) Adjournment

(2) The order of business may be changed by the chair with the consent of the board members present. The chair may announce at the beginning of each meeting that members of the audience may speak to any item on the agenda at the time of its presentation to the board. The chair shall have the right to limit the length of time used by a speaker for the discussion of a subject.

(3) Proposed new policies and/or changes in policy will be presented first to the board of trustees as a report. Board action will be taken normally at a subsequent meeting. If expedient action on the matter would be clearly beneficial to the college, the board may consider, by casting not less than four affirmative votes, taking action at the time the policy is first presented to the board.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-090, filed 7/21/92, effective 8/21/92
• Order 010, § 132I-104-090, filed 10/31/75
• Order 008, § 132I-104-090, filed 11/27/74
• Order 005, § 132I-104-090, filed 2/27/74.

Wash. Admin. Code § 132I-104-100 Records of board action.

All business transacted in official board meetings shall be recorded in minutes and filed for reference. Records are kept in the office of the secretary of the board.

History

• Order 005, § 132I-104-100, filed 2/27/74.

Wash. Admin. Code § 132I-104-110 Changes to bylaws of the board of trustees.

The board of trustees may adopt bylaws to govern its operations. A record of these bylaws shall be maintained in the office of the president. Bylaws of the board may be revised by majority vote of the board provided such changes are proposed at least one regular meeting prior to the meeting at which the vote is taken. Bylaws may be revised by unanimous vote of the board at the same meeting at which the revision is originally proposed.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-104-110, filed 7/21/92, effective 8/21/92
• Order 005, § 132I-104-110, filed 2/27/74.

Chapter 132I-108 Model rules of procedure.

Wash. Admin. Code § 132I-108-010 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 this institution. Those rules may be found at chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-020 Appointment of presiding officers.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-030 Method of recording.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-030, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-040 Application for adjudicative proceeding.

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

Highline Community College

Office of Personnel Services

P.O. Box 98000

Des Moines, WA 98198-9800

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-040, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-050 Brief adjudicative procedures.

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

(a) Parking violations. The procedural rules in chapter 132I-116 WAC apply to these proceedings;

(b) Student conduct proceedings. The procedural rules in chapter 132I-120 WAC apply to these proceedings;

(c) Outstanding debts owed by students or employees. The procedural rules in chapter 132I-122 WAC apply to these proceedings;

(d) Use of college facilities. The procedural rules in chapter 132I-140 WAC apply to these proceedings;

(e) Residency determinations made pursuant to RCW 28B.15.013. The procedural rules in chapter 132I-160 WAC apply to these proceedings;

(f) Use of library—Fines. The procedural rules in chapter 132I-168A WAC apply to this section;

(g) Challenges to contents of education records. The procedural rules in chapter 132I-280 WAC apply to these proceedings;

(h) Loss of eligibility for participation in institution sponsored athletic events, pursuant to chapter 69.41 RCW. The procedural rules in chapter 132I-400 WAC apply to these proceedings.

(2) Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-050, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-060 Discovery.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-060, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-070 Adjudicative proceedings open.

Adjudicative proceedings shall be open to the public, except for student disciplinary matters, in compliance with 20 U.S.C. Sec. 1232g, the Family Educational Rights and Privacy Act, unless the student chooses to have the hearing open to the public; and faculty and administrative exempt disciplinary proceedings, unless the person subject of the proceedings chooses to have the hearing open to the public.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-070, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-080 Procedure for closing parts of the hearings.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-080, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-090 Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132I-108-070, except for the method of official recording selected by the presiding officer.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-090, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-100 Petitions for stay of effectiveness.

Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers, who entered the final order.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-100, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-110 Reconsideration.

(1) A student may file a petition for reconsideration of a final order. Such petition must be filed upon the office of the president within ten days of the service of a final order and must state the specific grounds upon which relief is requested.

(2) No petition for reconsideration may stay the effectiveness of an order.

(3) The petition shall be disposed of by the presiding officer who issued the final order.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-110, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-108-120 Absence of president.

The president may designate another employee of the college to act in his place on a temporary basis during his absence. An employee appointed under this provision shall only have the authority to act upon matters which require a decision by the president within a limited period of time and the president, due to his absence, would be unable to decide such matter.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-108-120, filed 7/21/92, effective 8/21/92.

Chapter 132I-116 Parking and traffic regulations.

Wash. Admin. Code § 132I-116-010 Purpose.

Pursuant to RCW 28B.50.140(10), as now or hereafter amended, the board of trustees of Highline Community College District 9 is granted authority to make rules and regulations for pedestrian and vehicular traffic over property owned, operated, or maintained by the college district. The purposes of parking and traffic rules and regulations are:

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

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

(3) To minimize traffic disturbances during class hours.

(4) To facilitate the operation of the community college of the district by assuring access for vehicles and to regulate the use of parking spaces.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-010, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-010, filed 6/26/84
• Order 003, § 132I-116-010, filed 9/27/73.

Wash. Admin. Code § 132I-116-020 Definitions.

As used in this document, the following words shall mean:

(1) Campus: Any property or facility over which Highline College exercises control as the owner, lessee, or tenant.

(2) College: Highline College, or any additional community college hereafter established with Community College District 9, state of Washington, and collectively, those responsible for its control and operations.

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

(4) College facilities: Includes any or all property controlled or operated by the college.

(5) Student: Includes all persons attending or enrolled at the college, both full time and part time.

(6) Public safety and emergency management director: An employee of Highline Community College District 9, state of Washington, who is responsible to the vice president for administration for security, safety, parking, and traffic control at the college's campus.

(7) Registered vehicle: A vehicle registered with the public safety department.

(8) Motor vehicle: An automobile, truck, motor-driven cycle, scooter, or any vehicle powered by an engine or motor.

(9) Nonmotorized vehicle: Bicycles, skateboards, and other vehicles not equipped with engines or motors.

(10) Visitor: Any person(s), other than currently enrolled students or college employees, who is on the campus as a guest(s) or to visit the campus for meetings and/or other purposes.

(11) School year: Unless otherwise designated, the time period commencing with the summer quarter of the college calendar year and extending through the subsequent fall, winter, and spring quarters.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-020, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-020, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-020, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-020, filed 6/26/84
• Order 015, § 132I-116-020, filed 8/19/76
• Order 014, § 132I-116-020, filed 1/6/76
• Order 003, § 132I-116-020, filed 9/27/73.

Wash. Admin. Code § 132I-116-030 Applicable parking and traffic rules and regulations—Areas affected.

The following rules and regulations apply to all persons operating vehicles on Highline College's campus.

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

(2) The municipal traffic code of the city of Des Moines, state of Washington, to the extent that the college owns or controls property located within the city of Des Moines.

(3) The municipal traffic code of the city of Kent to the extent the college owns or controls property within the city of Kent.

(4) Any other municipal traffic codes applicable to college owned or controlled property that is located outside of the boundaries of the cities identified in subsections (2) and (3) of this section.

(5) The Highline College parking and traffic regulations, as set forth in this chapter, shall be applicable to all properties owned or controlled by Highline College. In case of conflict with the state, county or municipal motor vehicle laws, those laws shall govern and take precedence over the college's parking and traffic regulations.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-030, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-030, filed 8/1/12, effective 9/1/12
• WSR 84-14-020 (Order 020), § 132I-116-030, filed 6/26/84
• Order 003, § 132I-116-030, filed 9/27/73.

Wash. Admin. Code § 132I-116-040 Parking and traffic responsibility.

The vice president for administration is responsible for parking and traffic management on campus. In general, the responsibility is delegated to the public safety and emergency management director. All duly appointed public safety employees of Highline College shall have the authority to enforce all college parking and traffic regulations under the supervision of the public safety supervisor.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-040, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-040, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-040, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-040, filed 6/26/84
• Order 014, § 132I-116-040, filed 1/6/76
• Order 003, § 132I-116-040, filed 9/27/73.

Wash. Admin. Code § 132I-116-050 Permits required for vehicles on campus.

No person shall park or leave any motor vehicle, whether attended or unattended, upon the campus of Highline College without a permit issued by the public safety department unless the vehicle is parked in a parking space designated for visitors. All persons parking on the campus will be given a reasonable time to secure a temporary or permanent permit from the public safety department.

(1) A valid permit is:

(a) A current Highline College vehicle permit displayed in accordance with instructions.

(b) A temporary or guest permit authorized by the public safety department and displayed in accordance with instructions.

(2) Parking permits are not transferable, except as provided in WAC 132I-116-100.

(3) The college reserves the right to refuse the issuance of a parking permit to any applicant.

(4) Visitors may park in designated "visitor" parking spaces without securing a permit. Visitor parking spaces are not available for use by currently enrolled students or college employees, provided that no motor vehicle shall occupy a "visitor" parking space in excess of the posted time limit.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-050, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-050, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-050, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-050, filed 6/26/84
• Order 003, § 132I-116-050, filed 9/27/73.

Wash. Admin. Code § 132I-116-070 Authorization for issuance of permits.

The public safety department is authorized to issue parking permits to students, faculty, staff members, visitors and guests of the college pursuant to the following regulations:

(1) Students may be issued a parking permit upon the registration of their motor vehicles with the public safety department at the beginning of each academic quarter.

(2) Full-time and part-time faculty and staff members may be issued a parking permit upon the registration of their motor vehicles at the time they begin their employment at the college.

(3) Full-time faculty and staff personnel may be issued a second motor vehicle permit for another personally owned motor vehicle. A condition of issuance is that at no time will more than one vehicle be parked on campus.

(4) Car pool permits may be issued to faculty, staff, and students. A car pool is defined as being from two to five persons. One transferable permit will be issued by the public safety department for each car pool. This permit is transferable only among the registered members of the car pool. This permit will be displayed in accordance with the instructions provided with the permit. A condition of issuance is that at no time will more than one vehicle owned by members of the pool be parked on campus.

(5) The public safety department may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

(6) Permit-holders may obtain temporary parking permits at the public safety department without charge for an unregistered vehicle when necessary due to the nonavailability of their registered vehicles.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-070, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-070, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-070, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-070, filed 6/26/84
• Order 015, § 132I-116-070, filed 8/19/76
• Order 014, § 132I-116-070, filed 1/6/76
• Order 003, § 132I-116-070, filed 9/27/73.

Wash. Admin. Code § 132I-116-090 Display of permit.

Permits for automobiles, trucks, and other four-wheeled motorized vehicles must be easily visible through the vehicle's front windshield. Permits for motorcycles, motor scooters, and motorized bicycles must be placed in a location on the vehicle that is easily visible. Permits not displayed in accordance with the provisions of this section shall not be valid and with the improperly placed permits shall be subject to citation.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-090, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-090, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-090, filed 6/26/84
• Order 003, § 132I-116-090, filed 9/27/73.

Wash. Admin. Code § 132I-116-100 Transfer of permits.

Parking permits are transferable between vehicles registered to the permit holder. Permits may be reissued as authorized by the public safety and emergency management director or designee.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-100, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-100, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-100, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-100, filed 6/26/84
• Order 014, § 132I-116-100, filed 1/6/76
• Order 003, § 132I-116-100, filed 9/27/73.

Wash. Admin. Code § 132I-116-110 Permit revocation.

Parking permits are licenses and remain the property of the college and may be recalled for any of the following reasons:

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

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

(3) Falsification of a parking permit application; or

(4) Continued violation of parking rules and regulations; or

(5) Counterfeiting or altering of a parking permit; or

(6) Failure to comply with a final decision of the institutional hearing officer.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-110, filed 8/1/12, effective 9/1/12
• WSR 84-14-020 (Order 020), § 132I-116-110, filed 6/26/84
• Order 003, § 132I-116-110, filed 9/27/73.

Wash. Admin. Code § 132I-116-130 Permit holder's responsibility.

The person to whom a permit is issued is the permit holder and is responsible for all violations of the parking and traffic rules and regulations involving the vehicle for which the permit was issued. Provided, however, that such responsibility shall not relieve any other persons who operate the permitted vehicle from complying with these parking and traffic rules and regulations. In the event that a vehicle in violation is not the subject of a permit with the college, the vehicle's current registered owner will be responsible for the violation(s) of the campus regulations.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-130, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-130, filed 11/12/04, effective 12/13/04
• Order 003, § 132I-116-130, filed 9/27/73.

Wash. Admin. Code § 132I-116-140 Designation of parking spaces.

The parking spaces available on campus shall be designated and allocated in such a manner as will best achieve the objective of the rules and regulations contained in this document.

(1) Faculty and staff spaces shall be designated.

(2) Student spaces shall be designated for their use.

(3) Parking spaces shall be designated for use of visitors and guests on campus.

(4) Parking spaces shall be designated for motorcycles, motorized bicycles, and scooters.

(5) Parking spaces may be designated for other purposes as deemed necessary.

(6) Parking spaces shall be designated for disabled individuals who display a disabled parking placard or license plate issued by the Washington department of licensing as authorized by chapter 46.19 RCW or a similar agency of another state.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-140, filed 8/1/12, effective 9/1/12
• WSR 84-14-020 (Order 020), § 132I-116-140, filed 6/26/84
• Order 003, § 132I-116-140, filed 9/27/73.

Wash. Admin. Code § 132I-116-150 Parking within designated spaces.

(1) Vehicles on the Highline College campus shall be parked in designated parking areas only. These areas are marked by a curb, white lines, or signs. Parking on or over a line constitutes a violation.

(2) No motor vehicle may be parked in posted "no parking" and "fire lane" zones, within ten feet of a fire hydrant; on any area that has been landscaped or designed for landscaping; or on any paved walkway or unpaved pathway designated for pedestrian use. This prohibition shall not apply to vehicles operated by the college maintenance or public safety employees, by persons who have received express authorization from the public safety department, or emergency response vehicles.

(3) No motorcycles, motorized bicycles, scooters, or bicycles shall be parked inside a building, against a building or handrails, or sidewalk or other pedestrian pathway. Bicycles must be secured to racks as provided.

(4) Motor vehicles that have been parked in excess of seventy-two hours and that appear to be inoperable or abandoned may be impounded and stored at the expense of the owner and/or operator thereof, pursuant to WAC 132I-116-222.

(5) Persons seeking to park on campus longer than seventy-two hours must apply and receive authorization from the public safety department.

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

(7) No vehicle shall 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 vehicle parked to occupy a portion or more than one space or stall shall not constitute an excuse for violation of this section.

(8) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to WAC 132I-116-140.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-150, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-150, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-150, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-150, filed 6/26/84
• Order 003, § 132I-116-150, filed 9/27/73.

Wash. Admin. Code § 132I-116-160 Day parking.

The rules and regulations pertaining to the use of certain parking permits in specified areas as contained in WAC 132I-116-140 shall be in force during the hours of 7:00 a.m. to 4:00 p.m.

History

• Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-160, filed 6/26/84
• Order 003, § 132I-116-160, filed 9/27/73.

Wash. Admin. Code § 132I-116-170 Night parking.

Students, faculty, and staff with a valid parking permit may park in any area on a first-come first-serve basis between the hours of 4:00 p.m. and 10:45 p.m., provided that disabled parking spaces remain restricted to motor vehicles displaying a valid disabled parking permit parking placard or license plate from an authorized governmental agency.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-170, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-170, filed 8/1/12, effective 9/1/12
• WSR 84-14-020 (Order 020), § 132I-116-170, filed 6/26/84
• Order 003, § 132I-116-170, filed 9/27/73.

Wash. Admin. Code § 132I-116-190 Regulatory signs and directions.

The public safety director or designee is authorized to erect signs, barricades, and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings, and directions shall be made and placed as to best effectuate the objectives of these rules and regulations, in the opinion of the vice president for administration or his or her designee. Drivers of vehicles shall observe and obey the signs, barricades, structures, markings, and directions erected pursuant to this section. Drivers shall also comply with the directions from public safety personnel including commissioned law enforcement officers in the control and regulation of traffic.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-190, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-190, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-190, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-190, filed 6/26/84
• Order 014, § 132I-116-190, filed 1/6/76
• Order 003, § 132I-116-190, filed 9/27/73.

Wash. Admin. Code § 132I-116-200 Vehicle operation.

(1) No vehicle shall be operated on the campus at a speed in excess of ten miles per hour or as posted. No vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities.

(2) No vehicle shall be operated in such a negligent or reckless manner as to place person(s) or property in danger of injury or grievous harm.

(3) Upon a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

(4) No motorized vehicle shall be operated on pedestrian walkways or pathways with the exception of official college vehicles, emergency response vehicles, and vehicles granted permission to do so by the public safety department.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-200, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-200, filed 8/1/12, effective 9/1/12
• Order 003, § 132I-116-200, filed 9/27/73.

Wash. Admin. Code § 132I-116-210 Pedestrian's right of way.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-210, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-210, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-210, filed 6/26/84
• Order 003, § 132I-116-210, filed 9/27/73.

Wash. Admin. Code § 132I-116-222 Impounding of vehicles.

Any vehicle parked on campus in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington and the traffic code of the cities of Des Moines and Kent as incorporated in WAC 132I-116-030, may be impounded and towed to an impound lot by a duly authorized towing company under contract to provide towing services to the college. The expense of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by him prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such immobilization, impounding, and/or storage.

Circumstances in which vehicles may be impounded include, but are not limited to the following:

(1) Blocking a roadway in a manner that impedes vehicular or pedestrian traffic;

(2) Blocking a walkway in a manner that impedes pedestrian traffic;

(3) Blocking a fire lane or impeding access to a fire hydrant including parking within ten feet of a fire hydrant;

(4) Creating a safety hazard in the opinion of the public safety and emergency management director or designee;

(5) Blocking a legally parked car;

(6) Parking in a marked "tow-away" or "no parking" zone;

(7) Having an accumulation of four or more outstanding college parking/traffic violations;

(8) Illegally parking in a handicapped parking space;

(9) Parking anywhere other than a designated parking area; or

(10) Parking on campus for more than seventy-two hours without prior authorization from the public safety department.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-222, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-222, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-222, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-222, filed 6/26/84.

Wash. Admin. Code § 132I-116-230 Report of accident.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or damage to either vehicles of $500.00 or more, shall within twenty-four hours report such accident to the public safety department. This does not relieve any person so involved in an accident from their responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-230, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-230, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-230, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-230, filed 6/26/84
• Order 014, § 132I-116-230, filed 1/6/76
• Order 003, § 132I-116-230, filed 9/27/73.

Wash. Admin. Code § 132I-116-240 Specific traffic and parking regulations and restrictions authorized.

Upon special occasions or during emergencies, the public safety and emergency management director or designee is authorized to impose additional traffic and parking regulations and restrictions consistent with the objectives specified in WAC 132I-116-010.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-240, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-240, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-240, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-240, filed 6/26/84
• Order 014, § 132I-116-240, filed 1/6/76
• Order 003, § 132I-116-240, filed 9/27/73.

Wash. Admin. Code § 132I-116-250 Enforcement.

Parking and traffic rules and regulations will be enforced throughout the calendar year on a twenty-four hour daily basis.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-250, filed 8/1/12, effective 9/1/12
• WSR 84-14-020 (Order 020), § 132I-116-250, filed 6/26/84
• Order 014, § 132I-116-250, filed 1/6/76
• Order 003, § 132I-116-250, filed 9/27/73.

Wash. Admin. Code § 132I-116-260 Issuance of traffic citations.

Upon the violation(s) of any of the parking and traffic rules and regulations contained in chapter 132I-116 WAC, the public safety personnel are authorized to issue citations, setting forth the date, the approximate time, permit number, license number, name of permit holder, infraction, name of the public safety employee, and schedule of fines. Parking citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-260, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-260, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-260, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-260, filed 6/26/84
• Order 014, § 132I-116-260, filed 1/6/76
• Order 003, § 132I-116-260, filed 9/27/73.

Wash. Admin. Code § 132I-116-270 Fines and penalties.

(1) Fines may be levied for any violations of the rules and regulations contained in chapter 132I-116 WAC.

In addition to a fine imposed under these regulations, illegally parked vehicle(s) may be subject to impound pursuant to WAC 132I-116-222.

(2) A schedule of parking and traffic fines and penalties shall be adopted by the board of trustees.

(3) An accumulation of unpaid citations that are more than twenty calendar days overdue from the date of the citation(s) by a student may be cause for disciplinary action, and the chief student affairs officer (CSAO) may initiate disciplinary proceedings against such students. No disciplinary action shall be taken until the student has completed the appeal process or waived his or her appeal rights.

(4) An accumulation of unpaid citations that are more than twenty calendar days overdue from the date of the citation(s) by faculty or staff members shall be turned over to the financial services office for the collection of fines. The collection process shall not commence until the faculty or staff member has completed the appeal process or waived his or her appeal rights.

(5) Parking and traffic citations will be processed by the campus public safety department. Parking and traffic fines are to be paid to the cashier's office.

(6) Parking and traffic fines shall be charged for offenses according to the schedule established by the board of trustees.

(7) In the event a student fails or refuses to pay a fine, the following may result:

(a) Student may have a hold placed on his or her record and may not be eligible to register;

(b) Student may not be able to obtain a transcript or his or her grades or credits;

(c) Student may not receive a degree;

(d) Student may be denied future parking privileges;

(e) Student's vehicle may be impounded;

(f) Student's debt may be turned over to a collection agency in accordance with the college's collection policy.

(8) Parking and traffic fines are due twenty calendar days from the date of citation. Provided that if timely appeal is filed, such fine shall be due twenty calendar days from the date of service upon the violator of the order terminating the appeal.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-270, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-270, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-270, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-270, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-270, filed 6/26/84
• Order 014, § 132I-116-270, filed 1/6/76
• Order 003, § 132I-116-270, filed 9/27/73.

Wash. Admin. Code § 132I-116-275 Schedule of fines and penalties.

Highline College parking and traffic fine schedule is listed in the Highline College budget book on file in the Highline College library and adopted by the board of trustees.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-275, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-275, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-275, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-116-280 Parking fees.

Parking fees shall be specified and adopted by the board of trustees.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-280, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-280, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-280, filed 6/26/84
• Order 015, § 132I-116-280, filed 8/19/76
• Order 003, § 132I-116-280, filed 9/27/73.

Wash. Admin. Code § 132I-116-290 Liability of college.

The college assumes no liability under any circumstances for vehicles on campus.

History

• Order 003, § 132I-116-290, filed 9/27/73.

Wash. Admin. Code § 132I-116-300 Appeal of fines and penalties.

Any citation for violation of these rules and regulations, may be appealed. The appeal must be submitted in writing, within twenty calendar days from the date of the citation, to the public safety and emergency management director or designee, who will:

(1) Review the appeal and confer with the appellant to determine whether a satisfactory solution, to all parties, can be reached without further administrative action. If a solution satisfactory to all parties cannot be reached, the public safety and emergency management director or his designee will issue and serve the appellant with a brief written order explaining why the appeal was denied. Service shall be in person or by first class mail. For purposes of this regulation, service by mail will be deemed complete on the third business day after the order is deposited in the mail.

(2) An appeal of the public safety and emergency management director's or designee's order may be submitted in writing to the college's vice president for administration or designee within twenty-one calendar days after service of the public safety supervisor's order is complete. The written appeal must be accompanied by a copy of the public safety and emergency management director's or designee's order. Within twenty calendar days from the receipt of any such appeal, the college's vice president for administration or designee shall render a written decision. This decision will be final.

(3) The final legal recourse for an appellant is to the Washington state superior court system.

(4) In the event that the appeal involves an impounded vehicle, the vehicle's owner shall have the right to a hearing before the public safety and emergency management director or designee within forty-eight hours of a request, or on the next business day if the forty-eight hour period terminates on a weekend or holiday. The vehicle's owner shall also be entitled to a release of the vehicle upon payment of a bond to the college in the amount of the sum of the impoundment costs and the total of all fines due and owing. If at the hearing it is shown that the vehicle was improperly impounded, the owner of the vehicle shall be entitled to a refund of the costs of impoundment. The vehicle's owner may appeal the public safety and emergency management director's or designee's order as provided in WAC 132I-116-300(2).

(5) In all appeals under this section, the appellant carries the burden of proof, which shall be a preponderance of the evidence.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-116-300, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-116-300, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-116-300, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-116-300, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. WSR 84-14-020 (Order 020), § 132I-116-300, filed 6/26/84
• Order 014, § 132I-116-300, filed 1/6/76
• Order 003, § 132I-116-300, filed 9/27/73.

Chapter 132I-122 Withholding services for outstanding debts.

Wash. Admin. Code § 132I-122-010 Statement of policy.

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

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

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-122-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-122-020 Withholding services for outstanding debts.

(1) Where there is an outstanding debt owed to the college and upon receipt of a written request inquiring as to the reason(s) for services or refund being withheld, the college shall provide a written explanation why the services or refund are being withheld. The college will also identify the amount of the outstanding debt, and further explain that until that debt is satisfied (or stayed by bankruptcy proceedings or discharged in bankruptcy), no such services and/or refund will be provided to the individual. The written explanation shall also inform the individual that he or she has a right to a hearing before a person designated by the vice president for administration if he or she believes that no debt is owed and specify that the request for the hearing must be made within ten days from the date the written explanation is received.

(2) Upon receipt of a timely request for a hearing, the person designated by the vice president shall have the records and files of the institution available for review and, at that time, shall hold a brief adjudicative proceeding concerning whether the individual owes or owed any outstanding debts to the institution. After the brief adjudicative proceeding, an order shall be entered by the vice president's designee indicating whether the institution is correct in withholding services and/or applying off set for the outstanding debt. If the outstanding debt is found to be owed by the individual involved, no further services shall be provided until the debt has been paid. The order and notice of discontinued service shall be sent to the individual within ten business days after the hearing.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-17-023, § 132I-122-020, filed 8/6/12, effective 9/6/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-122-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-122-030 Appeal of initial order upholding the withholding of services for outstanding debts.

Any person aggrieved by an order issued under WAC 132I-122-020 may file an appeal with the president or his or her designee. The appeal must be in writing and must clearly state errors in fact or matters in extenuation or mitigation which justify the appeal. The appeal must be filed within ten days from the date on which the appellant received notification of the order issued under WAC 132I-122-020 upholding the withholding of services for outstanding debts. The president's or designee's determination shall be final.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-17-023, § 132I-122-030, filed 8/6/12, effective 9/6/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-122-030, filed 7/21/92, effective 8/21/92.

Chapter 132I-124 General conduct.

Wash. Admin. Code § 132I-124-010 Smoking.

It shall be the policy of Highline College, consistent with its efforts to promote wellness, fitness, and a campus environment conducive to work, study, and activities for staff, students, and the public to maintain a smoke/tobacco free indoor campus environment. Use of tobacco products is permitted on campus outside of the buildings. Receptacles for smoking materials are provided and all are urged to use them to maintain litter free campus grounds.

The college recognizes the rights of those who choose to use tobacco and as such does not prohibit the use of tobacco products; it does, however, restrict the use of these materials to areas outside college facilities and vehicles.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-124-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-124-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-124-020 Weapons prohibited.

(1) Carrying, exhibiting, displaying, or drawing of any weapon is prohibited. Such weapons may include, but are not limited to, firearms, daggers, swords, knives (with larger than a three-inch blade), or any cutting or stabbing instrument, club, or any other weapons, including fake weapons capable of producing bodily harm, emotional distress, and/or property damage.

(2) Explosives, incendiary devices, or any weapons facsimiles are prohibited on college property or in college facilities.

(3) This prohibition shall not apply to equipment or material that is owned, used, or maintained by the college, nor will it apply to law enforcement officers or authorized contractors performing work for the college. Any person who desires to bring a weapon on college property must seek and receive prior written approval from the vice president of administration or his or her designee.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-124-020, filed 8/1/12, effective 9/1/12.

Chapter 132I-126 Highline college student conduct code.

Wash. Admin. Code § 132I-126-010 Statement of jurisdiction.

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

(a) On college premises;

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

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

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

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

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-010, filed 10/11/24, effective 11/11/24. Statutory Authority: 2022 c 209. WSR 23-21-054, § 132I-126-010, filed 10/11/23, effective 11/11/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-010, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-020 General policies.

(1) Highline College is an agency of the state of Washington and adheres to all local, state, and federal laws.

(2) Highline College cannot and will not establish regulations which would abridge constitutional rights.

(3) Proper procedures are established to maintain conditions conducive to the effective performance of the function of the college, to protect students from unfair imposition of penalties and to assure due process. Highline College is granted the right by law to adopt rules deemed necessary to govern its operations.

(4) If these rules are broken, the college has the right and the obligation to take action that is in the best interest of the college and that is commensurate with the constitutional rights of the individual.

(5) Highline College reserves the right to impose the provisions of this chapter and provide further sanctions before or after law enforcement agencies, courts or other agencies have imposed penalties or otherwise disposed of a case. College proceedings are not subject to challenge on the ground that criminal or civil charges involving the same incident have been dismissed or reduced or in which the defendant has been found not guilty or not liable. In addition, the college reserves the right to refer incidents to the appropriate civilian authorities or law enforcement agencies.

(6) The associated students of Highline College have the right to participate in the formulation and review of all policies pertaining to student rights and responsibilities and its enforcement as described in the student code of conduct.

(7) Rules of conduct and procedures of enforcement shall be made available to all students via the internet.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-020, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-020, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-030 Authority.

The board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student affairs or their designee. The student conduct officer or designee shall serve as the principal investigator and administrator for alleged violations of this code, except for allegations of class-based discrimination, including sexual harassment, in which case the investigator and administrator shall be assigned on a case-by-case basis.

(1) The administrator or delegate in charge of any college office, department or facility is responsible for student conduct that takes place in that area, but outside a classroom setting. The administrator or delegate may remove a student from the area within their control if they reasonably believe that the student conduct substantially and materially disrupts college operations and such removal is necessary to protect the learning environment and/or to ensure the safety and well-being of members of the college community and/or to protect property or facilities belonging to the college or members of the college community. Staff directing the removal of a student must report the student's conduct to their administrator in charge at the earliest opportunity. The administrator in charge must report the incident in writing to the student conduct officer at the earliest opportunity to determine whether a summary suspension and disciplinary proceedings are appropriate.

(2) The instructor or administrator is responsible for student conduct in the classroom or at any college-related activity or event. The instructor or administrator is authorized to remove the student from a single class or college-sponsored event in which the student's conduct materially and substantially disrupts the educational environment. When such behavior results in removal, the instructor or administrator must report the student's conduct in writing to the student conduct officer at the earliest opportunity to determine whether a summary suspension and disciplinary proceedings are appropriate.

(3) In all cases involving disruption, the student conduct officer or designee will to the extent appropriate proceed with the investigation, determination of summary suspension, and/or disciplinary proceedings at the earliest opportunity consistent with the procedural requirements established in this chapter.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-030, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-030, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-030, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-040 Statement of student rights.

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

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-040, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-040, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-040, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-050 Definitions.

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

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

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

(3) "Complainant" is a student, employee, or another member of the college community who is directly affected by a claimed violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may file complaints alleging a violation of the student conduct code. In cases involving sexual misconduct, complainants are entitled to participate as parties per chapter 132I-127 WAC and WAC 132I-126-400.

(4) "Conduct review officer" is the vice president for student services or designee who is responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code. The president is authorized to reassign any and all of the conduct review officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.

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

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

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

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

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

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

(8) "Pregnancy or related conditions" means:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

(9) "Preponderance of evidence" is the standard of proof used to determine responsibility for a violation of the student code of conduct. This standard is met when the evidence establishes that it is more likely than not (greater than 50 percent likelihood) that the alleged conduct occurred.

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

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

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

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

(12) "Remedies" means measures provided to a complainant or other person whose equal access to the college's educational programs and activities has been limited or denied by sexual misconduct. These measures are intended to restore or preserve that person's access to educational programs and activities after a determination that sexual misconduct has occurred.

(13) "Respondent" is a student who is alleged to have violated the student conduct code. All respondents are afforded certain rights including, but not limited to:

(a) The right to be presumed not responsible for the reported misconduct unless or until a determination of responsibility is reached after completion of the disciplinary process; and

(b) The right to be accompanied by an advisor, who may be an attorney retained at respondent's cost.

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

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

(b) Sending the document by email and by mail to the party's last known address.

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

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

(16) "Student conduct officer" is a college administrator designated by the vice president for student services to be responsible for implementing and enforcing the student conduct code. The vice president for student services is authorized to reassign any and all of the student conduct officer's duties or responsibilities as set forth in this chapter as may be reasonably necessary.

(17) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education; and whether any alleged student conduct code violation including, but not limited to, sexual misconduct, occurred while the individual was performing employment-related work.

(18) "Student group" is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing, or any other group or organization in which two or more members are students enrolled at the college whether or not the organization or group is established or recognized by the institution.

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

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

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

(20) "Title IX coordinator" is the administrator responsible for processing sexual misconduct and sexual discrimination complaints, including Title IX complaints, and overseeing investigations and informal resolution of such complaints in accordance with college policy.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-050, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-050, filed 10/11/24, effective 11/11/24. Statutory Authority: 2022 c 209. WSR 23-21-054, § 132I-126-050, filed 10/11/23, effective 11/11/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-050, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-060 Amnesty.

(1) In situations involving intoxication, alcohol poisoning, or drug-related medical issues, students, or student groups, are encouraged to seek swift medical assistance for themselves and others without fear of penalty. Students requesting and receiving medical assistance in these situations are not typically subject to the student conduct process. This policy refers to isolated incidents and does not excuse students who repeatedly or flagrantly violate the alcohol or drug policy, nor does it preclude action arising from other violations of the code. The college will consider the positive impact of reporting a situation when determining any course of action. Without imposing sanctions, the college may initiate educational remedies regarding alcohol or drug use.

(2) Complainants and witnesses who in good faith report sexual misconduct will not be subject to alcohol or drug violations of the code occurring at or near the time of the sexual misconduct unless their own conduct placed another person's health or safety at risk.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-060, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-060, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-126-100 Prohibited student conduct.

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

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

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

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

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

(d) Collusion includes assisting another to commit an act of academic dishonesty, such as paying or bribing someone to acquire a test or assignment, or to increase the score on a test or assignment; taking a test or doing an assignment for someone else; allowing someone to do these things for one's own benefit.

Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus. Further academic consequences may follow consistent with the provisions in any program handbook. Incidents of academic dishonesty that could result in a student's academic dismissal from a program must be referred to the student conduct officer for a determination as to whether disciplinary action consistent with this chapter is necessary. If a disciplinary proceeding is determined to be necessary, academic dismissal may only be imposed after the student has been found responsible for violating the student conduct code and exhausted or waived their appeal rights under this chapter.

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

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

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

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

(3) Obstructive or disruptive conduct. Conduct, not otherwise protected by law, that interferes with, impedes, or otherwise unreasonably hinders.

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

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

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

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

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

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

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

(a) Commissioned law enforcement personnel, legally authorized military personnel, or approved contractors, while in performance of their duties;

(b) A student with a valid concealed weapons permit may store a pistol in his or her vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view; or

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

This policy does not apply to the possession and/or use of disabling and/or self-defense sprays when possessed and/or used for self-defense.

(9) Hazing.

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

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

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

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

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

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

(ii) Humiliation by ritual act;

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

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

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

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

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

(10) Alcohol, cannabis, drug, and tobacco violations.

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

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

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

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

(11) Lewd conduct. Conduct which is lewd or obscene that is not otherwise protected under the law. This includes, but is not limited to: Indecent exposure. The intentional or knowing exposure of a person's genitals or other private body parts when done in a place or manner in which such exposure is likely to cause affront or alarm. Breastfeeding or expressing breast milk is not indecent exposure.

(12) Discriminatory harassment.

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

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

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

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

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

(13) Sexual discrimination. The term "sex discrimination" includes sex-based harassment, and may occur when a respondent causes more than de minimis harm to an individual by treating them different from a similarly-situated individual on the basis of: Sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Conduct that prevents an individual from participating in an education program or activity consistent with the person's gender identity subjects a person to more than de minimis harm on the basis of sex.

(a) Sex-based harassment. "Sex-based harassment" is a form of sex discrimination and means sexual harassment or other harassment on the basis of sex, including the following conduct:

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

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

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

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

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

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

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

(E) Domestic violence is physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.55.010.

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

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

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

• The length of the relationship;

• The type of relationship; and

• The frequency of interaction between the persons involved in the relationship.

(G) Stalking means 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 to suffer substantial emotional distress.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-100, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-100, filed 10/11/24, effective 11/11/24. Statutory Authority: 2022 c 209. WSR 23-21-054, § 132I-126-100, filed 10/11/23, effective 11/11/23. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-100, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-125 Corrective actions and disciplinary sanctions and terms and conditions.

(1) The following corrective actions and disciplinary sanctions may be imposed upon students or upon college sponsored student organizations, athletic teams, or living groups found to have violated the student conduct code.

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

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

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

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

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

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

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

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

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

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

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

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

(e) Educational sanction. The college may require the student to complete an educational activity or experience directly related to the violation committed, at the student's expense.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-125, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-125, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-125, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-130 Hazing prohibited—Sanctions—Student groups.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132I-126-100(9).

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

(3) Washington state law provides that:

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-130, filed 5/6/26, effective 6/6/26. Statutory Authority: 2022 c 209. WSR 23-21-054, § 132I-126-130, filed 10/11/23, effective 11/11/23.

Wash. Admin. Code § 132I-126-200 Initiation of disciplinary action.

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

(2) The student conduct officer, or designee, may review and investigate any referral to determine whether it reasonably appears to state a violation of the student conduct code. The student conduct officer is authorized to initiate their own investigation into student conduct without a referral from a community member.

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

(3) Investigations will be completed in a timely manner and the results of the investigation shall be reviewed by the student conduct officer to determine whether disciplinary action is warranted.

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

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

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

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

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

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

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

(9) Within 10 business days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting their decision, the specific student conduct code provisions found to have been violated, the discipline imposed (if any), and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal.

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

(a) Exonerate the respondent and terminate the proceedings;

(b) Impose a disciplinary sanction(s), with or without conditions, as described in WAC 132I-126-125; or

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-200, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-200, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-200, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-220 Appeal from disciplinary action.

(1) Except as specified for cases involving allegations of sex-based harassment, as set forth in WAC 132I-126-100 (13)(a), the respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

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

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

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

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

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

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

(a) The imposition of disciplinary suspensions in excess of 10 instructional days;

(b) Dismissals; and

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

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

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation;

(c) Written reprimands; and

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

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-220, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-220, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-230 Brief adjudicative proceedings—Initial hearing.

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

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

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

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-230, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-230, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-240 Brief adjudicative proceedings—Review of an initial decision.

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

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

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

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 10 business days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the vice president for student services or designee does not make a disposition of the matter within 20 business days after the request is submitted.

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-240, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-240, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-260 Student conduct committee.

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

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

(b) Two faculty members appointed by the faculty senate;

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

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

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

(4) Members of the student conduct committee shall not participate in any case in which they are a party, complainant, or witness, in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity. Any party may petition for disqualification of a committee member pursuant to RCW 34.05.425(4).

(5) Before hearing cases involving allegations of sexual misconduct, including sex-based harassment, members of the student conduct committee must receive training on serving impartially, avoiding prejudgment of facts at issue, conflicts of interest, and bias. The chair must also receive training on the student conduct process for sexual misconduct cases, as well as the meaning and application of the term, "relevant," in relations to questions and evidence, and the types of evidence that are impermissible, regardless of relevance in accordance with 34 C.F.R. §§ 106.45 and 106.46.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-260, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-260, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-260, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-270 Student conduct committee—Prehearing.

(1) Proceedings of the student conduct committee shall be governed by the Administrative Procedure Act, chapter 34.05 RCW, and by the model rules of procedure, chapter 10-08 WAC. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.

(2) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven calendar days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown. The notice must include:

(a) A copy of the student conduct code;

(b) The basis for jurisdiction;

(c) The alleged violation(s);

(d) A summary of facts underlying the allegations;

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

(f) A statement that retaliation is prohibited.

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

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

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

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

(b) The notice of appeal (or any response to referral) by the respondent.

If doing so, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

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

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

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

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

(10) The committee will ordinarily be advised by an assistant attorney general. If the respondent is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

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

(12)(a) Notice. The college must provide a notice that includes all information required in subsection (2) of this section, and a statement that the parties are entitled to an equal opportunity to access relevant and permissible evidence, or a description of the evidence upon request.

(b) Advisors. The complainant and respondent are both entitled to have an advisor present, who may be an attorney retained at the party's expense.

(c) Extensions of time. The chair may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date, in accordance with the procedures set forth in subsection (13)(b) of this section.

(d) Evidence. In advance of the hearing, the student conduct officer shall, upon request, provide reasonable assistance to the respondent and complainant with accessing and reviewing the investigative report and relevant and not otherwise impermissible evidence that is within the college's control.

(e) Confidentiality. The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer or chair issuing directives pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

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

(14) Evidence. In advance of the hearing, the student conduct officer, upon request, shall provide the respondent reasonable assistance with accessing and reviewing relevant and not otherwise impermissible evidence that is within the college's control.

(15) Confidentiality. The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer or chair issuing directives pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

(16) Separate locations. The chair, on their own initiative or at the request of any party, may conduct the hearing with the parties physically present in separate locations, with technology enabling the committee and parties to simultaneously see and hear the party or the witness while that person is speaking.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-270, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-270, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-270, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-280 Student conduct committee hearings—Presentations of evidence.

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

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

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

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

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

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

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

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

(7) The chair shall exclude and the committee shall not consider legally privileged information unless the individual holding the privilege has waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(a) Spousal/domestic partner privilege;

(b) Attorney-client communications and attorney work product privilege;

(c) Clergy privileges;

(d) Medical or mental health providers and counselor privileges;

(e) Sexual assault and domestic violence advocate privileges; and

(f) other legal privileges set forth in RCW 5.60.060 or federal law.

(8) The committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-280, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-280, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-280, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-290 Student conduct committee—Initial decision.

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

(2) Within 21 calendar days following the latter of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial decision in accordance with RCW 34.05.461 and WAC 10-08-210. The initial decision shall include findings on all material issues of fact and conclusions on all material issues of law including which, if any, provisions of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified and explained.

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-290, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-290, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-290, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-300 Appeal from student conduct committee initial decision.

(1) Any party may appeal the committee's decision to the president by filing a written appeal with the president's office within 10 business days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the initial decision shall be deemed final.

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

(a) Procedural irregularity that would change the outcome;

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

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

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

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

(5) The president shall serve a written decision on all parties and their attorneys, if any, within 21 calendar days after receipt of the appeal. The president's decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW, Part V.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-300, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-300, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-300, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-350 Summary suspension.

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) If the respondent fails to appear at the designated hearing time, the conduct review officer may issue an order based on the evidence offered by the student conduct officer.

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-350, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-126-350, filed 10/11/24, effective 11/11/24. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13)
• 20 U.S.C. § 1092(f)
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 21-14-003, § 132I-126-350, filed 6/23/21, effective 7/24/21.

Wash. Admin. Code § 132I-126-405 Supplemental sexual misconduct procedures.

(1) Both the respondent and the complainant, in cases involving allegations of sexual misconduct, pursuant to chapter 132I-126 WAC (non-Title IX sexual misconduct cases), shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.

(2) Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132I-126-010 through 132I-126-350. In the event of conflict between these supplemental sexual misconduct procedures and the student disciplinary procedures, these supplemental sexual misconduct procedures shall prevail.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-405, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 132I-126-415 Supplemental definitions.

The following supplemental definitions shall apply for purposes of student conduct code proceedings involving allegations of sexual misconduct by a student:

(1) A "complainant" is an alleged victim of sexual misconduct, as defined in subsection (2) of this section.

(2) "Sexual misconduct" has the meaning ascribed to this term in WAC 132I-126-100(13).

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-415, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 132I-126-425 Supplemental complaint process.

The following supplemental procedures shall apply with respect to complaints or other reports of alleged sexual misconduct by a student.

(1) The college's Title IX coordinator or designee shall investigate complaints or other reports of alleged sexual misconduct by a student. Investigations will be completed in a timely manner and the findings of the investigation shall be reported to the student conduct officer within 60 days.

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

(3) College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety, and welfare of the complainant or other members of the college community or compromising the college's duty to investigate and process sexual harassment and sexual violence complaints.

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-425, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 132I-126-435 Supplemental appeal rights.

(1) The following actions by the student conduct officer may be appealed by the complainant:

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

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

(2) A complainant may appeal a disciplinary decision by filing a notice of appeal with the conduct review officer within 21 days of service of the notice of the discipline decision provided for in WAC 132I-126-425(5). The notice of appeal may include a written statement setting forth the grounds of appeal. Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall be deemed final.

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

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

(5) An appeal by a complainant from the following disciplinary actions involving allegations of sexual misconduct against a student shall be handled as a brief adjudicative proceeding:

(a) Exoneration and dismissal of the proceedings;

(b) Disciplinary warning;

(c) Written reprimand;

(d) Disciplinary probation;

(e) Suspensions of 10 instructional days or less; and/or

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

(6) An appeal by a complainant from disciplinary action imposing a suspension in excess of 10 instructional days or an expulsion shall be reviewed by the student conduct committee.

(7) In proceedings before the student conduct committee, respondent and complainant shall have the right to be accompanied by a nonattorney assistant of their choosing during the appeal process. Complainant may choose to be represented at the hearing by an attorney at his or her own expense, but will be deemed to have waived that right unless, at least four business days before the hearing, he or she files a written notice of the attorney's identity and participation with the committee chair, and with copies to the respondent and the student conduct officer.

(8) In proceedings before the student conduct committee, complainant and respondent shall not directly question or cross examine one another. All questions shall be directed to the committee chair, who will act as an intermediary and pose questions on the parties' behalf.

(9) Student conduct hearings involving sexual misconduct allegations shall be closed to the public, unless respondent and complainant both waive this requirement in writing and request that the hearing be open to the public. Complainant, respondent, and their respective nonattorney assistants and/or attorneys may attend portions of the hearing where argument, testimony, and/or evidence are presented to the student conduct committee.

(10) The chair of the student conduct committee, on the same date as the initial decision is served on the respondent, will serve a written notice upon the complainant informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including suspension or dismissal of the respondent. The notice will also inform the complainant of his or her appeal rights.

(11) Complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-126-435, filed 5/6/26, effective 6/6/26.

Chapter 132I-127 Supplemental Title IX student conduct procedures.

Wash. Admin. Code § 132I-127-505 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 the college's standard disciplinary procedures, WAC 132I-126-010 through 132I-126-300, these supplemental procedures shall take precedence. Highline College may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-505, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-505, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-515 Prohibited conduct under Title IX.

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

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

(1) 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.

(2) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Washington, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.55.010.

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

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

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-515, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-515, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-525 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, chapter 132I-126 WAC.

(4) If the student conduct officer determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the student conduct officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed. This notice must be served on the parties simultaneously and may be appealed by either party using procedures set forth in WAC 132I-126-220. A dismissal for lack of jurisdiction under Title IX does not bar the college from pursuing alleged student conduct violations under chapter 132I-126 WAC.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-525, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-525, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-535 Initiation of discipline.

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

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

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

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

(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);

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

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

(ii) An advisor may be an attorney; and

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-535, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-535, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-545 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 132I-126-270. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-545, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-555 Rights of parties.

(1) The college's student conduct procedures, WAC 132I-126-200, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-555, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-565 Evidence.

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

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

(6) Complainant and respondent may not ask questions directly of one another or other witnesses. Questions may be asked through a party's advisor or by the chair of the student conduct committee, after determining whether the question is relevant and not privileged or otherwise impermissible. The chair of the student conduct committee has discretion to follow this procedure for other witnesses, as well.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-565, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-565, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-575 Initial order.

(1) In addition to complying with WAC 132I-126-290, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

(b) Describes the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

(c) Makes findings of fact supporting the determination;

(d) Reaches conclusions applying the conduct code to the facts;

(e) Contains a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;

(f) Describes any disciplinary sanctions or conditions imposed against the respondent, if the committee determines the respondent violated the conduct code;

(g) Determines whether remedies designed to restore or preserve complainant's equal access to the college's educational programs or activities will be provided by the college; and

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-575, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-575, filed 10/11/24, effective 11/11/24.

Wash. Admin. Code § 132I-127-585 Appeals.

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-10-092, s 132I-127-585, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f), and Title IX of the Education Amendments of 1972, Department of Education April 2024 Title IX Regulations Final Rule. WSR 24-21-065, s 132I-127-585, filed 10/11/24, effective 11/11/24.

Chapter 132I-130 Tuition and fee schedule.

Wash. Admin. Code § 132I-130-010 Tuition and fee schedules.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-130-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-130-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-130-020 Location of schedules.

Additional and detailed information and specific amounts to be charged for each category of students will be found in the class schedule, college website, and at the following locations on the Highline campus:

(1) The office of admissions;

(2) The registration and records office.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-17-023, § 132I-130-020, filed 8/6/12, effective 9/6/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-130-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-130-030 Tuition and fee waivers.

(1) Highline College may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC and under regular college fiscal processes. Information regarding specific waivers will be available as provided in WAC 132I-130-020.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-130-030, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140(13). WSR 95-09-072, § 132I-130-030, filed 4/19/95, effective 5/20/95.

Chapter 132I-131 Scholarships.

Wash. Admin. Code § 132I-131-010 Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application, and other information regarding scholarships may be obtained at the following address:

Highline College

Attn: Scholarships

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-131-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-131-010, filed 7/21/92, effective 8/21/92.

Chapter 132I-132 Financial aid.

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

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

Highline College

Attn: Office of Financial Aid

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

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 et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-132-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-132-010, filed 7/21/92, effective 8/21/92.

Chapter 132I-133 Organization.

Wash. Admin. Code § 132I-133-010 Organization—Operation—Information.

(1) Organization. Community College District No. 9 is established in Title 28B RCW as a public institution of higher education. The institution is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who is the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:

Highline College

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

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

Highline College

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-133-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-133-010, filed 7/21/92, effective 8/21/92.

Chapter 132I-134 Designation of rules coordinator.

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

The rules coordinator for this institution shall have an office located at the office of the vice president for administration, with the following mailing address:

Highline College

Office of the Vice President for Administration

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-134-010, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-134-010, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-134-010, filed 7/21/92, effective 8/21/92.

Chapter 132I-140 Use of facilities.

Wash. Admin. Code § 132I-140-010 Purpose.

The trustees of Highline College believe that educational and community service opportunities are extended to the community when the college's buildings, grounds, and facilities are made available for use by the students, faculty, administration, staff, and the community. This use shall not interfere with regular college activities and shall be in accordance with the public interest and welfare, all applicable state and federal laws, and shall be in the best interest(s) of the college as interpreted by the administration of Highline College and/or the board of trustees.

College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity that limits, interferes with, or otherwise disrupts the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, the college is a designated public forum opened for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this policy.

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

Intended or actual use in conflict with these policies or construed to be in any way detrimental to the college's best interests and/or original intent for that facility are strictly prohibited.

Nothing in this chapter is intended to alter the students' right of assembly as set forth in WAC 132I-120-315.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-010, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-010, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-011 Definitions.

(1) "College" means Highline College, Community College District 9.

(2) "College groups" means individuals who are currently enrolled students or current employees of the college who are affiliated with a recognized student organization or a recognized employee group of the college.

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

(4) "Limited public forum areas" means those areas of each campus that the college has chosen to open as places for expressive activities protected by the First Amendment to the United States Constitution, subject to reasonable time, place or manner restrictions.

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

(6) "Noncollege groups" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-011, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-140-012 Use of facilities.

(1) Subject to the regulations and requirements of this policy, both college and noncollege groups may use the campus limited forums as specified in WAC 132I-140-013(2) for First Amendment activities between the hours of 7:00 a.m. and 11:00 p.m.

(2) Noncollege groups shall not affix or attach posters and signs to any college structure or equipment. Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

(3) Noncollege groups shall not use amplified sound systems nor shall they bring any other equipment such as, but not limited to, chairs, tables and staging.

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

(5) College group events shall not last longer than eight hours from beginning to end unless permission is granted by the appropriate vice president. Such permission must be made without consideration of the viewpoint of the activity.

(6) All sites used for First Amendment activities shall be cleaned and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the cost of restoring the facility to its preevent condition and for the repair of damaged property.

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

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

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

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

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

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

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

(c) Such activities are licensed by the college by a facilities rental agreement or other contractual arrangement.

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

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-012, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-012, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-140-013 Additional requirements for noncollege groups.

(1) College buildings, rooms and athletic fields may be rented by noncollege groups in accordance with the college's facilities policies and procedures. Noncollege groups may otherwise use college facilities as identified in this policy.

(2) The college designates the following areas as the sole limited public forum areas for use by noncollege groups for First Amendment activities on the Des Moines campus:

(a) The area west of the student services building (building 6) between the building's east entrance doors and the lecture hall (building 7).

(b) The south plaza of the library building (building 25 bounded by building 23 and building 26 and excluding the landscaped areas).

(3) Noncollege groups that seek to use the campus limited forum areas to engage in First Amendment activities shall provide notice to the chief student affairs officer (CSAO) or their designee no later than forty-eight hours prior to the desired time of the event along with the following information:

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

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

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

Noncollege group events shall not last longer than eight hours from beginning to end.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-013, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-140-014 Distribution of materials.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-014, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-140-015 Trespass.

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

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

(3) Persons who violate a district policy may have their license or privilege to be on district property revoked and be ordered to withdraw from and refrain from entering upon any district property. Remaining on or reentering district property after one's license or privilege to be on that property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-015, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-015, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-016 Prohibited conduct at college facilities.

(1) State law governs the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful drugs or narcotics, not medically prescribed, on college property or at college functions, is prohibited. Students, faculty, or staff obviously under the influence of intoxicants, unlawful drugs, or narcotics while in college facilities shall be subject to disciplinary action.

(2) The use of tobacco is restricted by law and by regulations of the smoking policy to designated smoking areas.

(3) Destruction of public property is prohibited by state law.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-016, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-016, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-017 Posting of a bond and hold harmless statement.

(1) When using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy.

(2) When the college grants permission to a college group or noncollege group to use its facilities, it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-017, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-140-110 Right to deny use of facilities.

(1) The trustees authorize the college to rent facilities to individuals or groups either affiliated or unaffiliated with the college. Procedures related to the rental of college facilities, including pricing and insurance requirements, are available in the conference services office.

(2) The trustees reserve the right to deny facility use to noncollege individuals or groups whose activities are inconsistent with the open and public nature of Highline College or where such use would conflict with the purpose of local state and federal laws.

(3) If at any time actual use of college facilities by the individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.

(4) Use of college facilities shall be conditioned upon compliance with all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group who violates or has a history of violating college rules and regulations.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-110, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-110, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-110, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-120 Basis of fee assessment.

(1) The basis for establishing and charging use fees reflects the college's assessment of the present market, the cost of operations, and the degree to which the proposed event advances the college's educational mission. Groups or organizations affiliated with the college should be permitted access to facilities at the lowest charge on the fee schedule which may include complimentary use. A current fee schedule is available at the conference services office.

(2) The college does not wish to compete with any private enterprise. Therefore individuals or groups not affiliated with the college shall be charged for facility use according to the fee schedule established by the board of trustees; provided that the president or his or her designee may grant a reduced rate when the presence of such individual or group advances the college's educational mission.

(3) Any individual or group desiring to rent college facilities shall sign a rental agreement. In the case of a group, an authorized representative of the group shall sign the rental agreement. By a group signing the agreement, the signatory specifies he or she has authority to enter into agreement on behalf of the group and if the group fails to pay the amount due, the signatory becomes responsible for all charges arising from the rental agreement. Any such charges may include an interest payment for overdue accounts as specified on the rental agreement but not less than one percent per month.

(4) The college reserves the right to require an advance deposit up to one hundred percent of the rental fee.

(5) The college reserves the right to make pricing changes without prior written notice.

(6) The primary purpose of college facilities is to serve the instructional programs of the college including, but not limited to, college events and activities. The board of trustees reserves the right to cancel any permit and refund any payments for use of college facilities and equipment if the group's use of college facilities and/or equipment would violate any federal, state, local law, or college law, regulation, or rule or when the planned use could subject the college to any unreasonable risk of liability.

(7) In the event of a cancellation of a facility use permit by the applicant, that group is liable for all college costs and expenses in preparing the college facility for its use.

(8) All admission charges must be approved by the college prior to issuance of a facility use permit.

(9) Individuals or groups using the college's facilities shall conduct all activities in accordance with all applicable local, state, and federal laws including the rules and regulations adopted by the college in Title 132I WAC and as specified in the rental agreement. The college assumes no responsibility for consequences of any act or omission of any third party. The individual or group is responsible for damages incurred by third parties (including invitees, licensees, guests, employees, and members of the group) during their possession of the premises. The college assumes no liability for damage or loss of personal property or equipment left in any rental space during or after the event. The individual or group assumes full responsibility for the conduct of its invitees, licensees, guests, patrons, members, employees, or third parties hired to provide services for the individual or group.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-120, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-120, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-120, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-134 Request for brief adjudicative proceeding over denial of facility use.

(1) Upon the denial of a facilities use permit, the college must serve upon the individual or group a brief written statement explaining the reason(s) for the denial and information about the appeals process herein.

(2) Any individual or group that is denied use of college facilities or objects to the conditions under which use of college facilities is permitted may file an appeal as specified in WAC 132I-140-135(2) with the president or his or her designee.

(3) Upon receipt of such appeal, the president or his or her designee shall hold a brief adjudicative proceeding.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-134, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-134, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-135 Appeal of denial of facility use.

(1) Any individual or group whose application for facility use has been denied or that objects to the conditions under which facility use is permitted may appeal such decision to the president or his or her designee.

(2) The appeal must be in writing and must clearly state errors in fact or matters in extenuation or mitigation that justify the appeal. The appeal must be filed within twenty-one days from the date of service upon appellant of the order denying use of facilities.

(3) The president's or his or her designee shall consider each party's view and shall issue a brief written statement of the reasons for his or her decision. The president's or his or her designee's determination shall be final.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-135, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-135, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-140 Supervision during activity.

(1) Signatories of the rental agreement as well as adult organization leaders are responsible for group conduct and are expected to remain with their group during all activities at college facilities. The trustees reserve the right to require a staff member to represent the college at any activity on college facilities. Such service shall be paid at the current rate, by the individual or group requesting use of the facility, and does not relieve the individual or group from safeguarding the college's property.

(2) The public safety staff or some other authority of the college will open and lock all rented facilities. Keys to buildings or facilities will not be issued or loaned on any occasion to any individual or group not affiliated with the college.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-140, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-140, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-140, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-150 Care and maintenance of facilities and equipment.

(1) College-owned equipment shall not be removed from college facilities for loan or rental. Individuals or groups wishing to use equipment in connection with a rental should make arrangements through the conference services office at the time of application for a rental agreement. Further rental and operational restrictions may be outlined when the rental agreement is signed.

(2) Individuals or groups renting college facilities are responsible for providing special equipment and clothing that may be necessary to protect college property from damage (e.g., tennis shoes must be worn on gymnasium floors).

(3) Individuals and groups allowed use of college facilities are required to leave the premises in the same condition as when the individuals and groups were admitted to its use. After facility use, individuals and groups are required to arrange for proper disposal of decorations and other refuse when restoring the facility to its original condition.

(4) Custodial and other services beyond those regularly scheduled to support normal college activities may be required for specific activities by outside groups, based on the size of group, the complexities of the event, or the facilities being used. Needed custodial services beyond that normally scheduled will result in that individual or groups being charged at the established rate. All extra custodial time required as a result of the individual's or group's use of the facility will be charged to the individual or group, including those receiving complimentary usage.

(5) The public safety staff should be contacted for problems with facilities. The public safety staff will monitor any permit violations.

(6) Any moving of college equipment for facility use will be under permission and supervision of the college.

(7) Any decoration or use of a college facility that may result in permanent damage or injury to that facility is strictly prohibited.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-140-150, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-150, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-150, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-160 Athletic facilities.

(1) College playing fields may be used by community members and groups provided such use does not interfere with regular college activities and that proper permits for use of college grounds have been secured for such activities from the athletic department.

(2) The pavilion may be used by community organizations subject to the same restrictions and regulations governing the use of other facilities. Because of the size of the facility, most users will be required to have college personnel on site during usage. Cost of usage will include these employee's salaries and other personnel expenses.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-160, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-160, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-140-170 Liability for damage.

All individuals or groups renting or using college facilities, including agreement signatories and individual organizations leaders, shall be liable for any damage to college property occurring or having apparently occurred during the time the facility was being used by the individual or group. The individual or group also agrees to hold harmless and indemnify the college, its agents, employees, officers, trustees, students and/or attorneys for any claim made against the college as a result of the individual's or group's use of college facilities. The college reserves the right to require that any such individual or group purchase insurance, naming the college as the insured. The college may specify the amount of that insurance.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-140-170, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-140-170, filed 7/21/92, effective 8/21/92.

Chapter 132I-160 Admissions and registration procedures.

Wash. Admin. Code § 132I-160-010 Purpose.

The purpose of these policies and procedures is to establish a standard set of admission and registration practices that are necessary and appropriate for the administration of Highline College. For admission information contact the Admission Office, Highline College, 2400 South 240th Street, P.O. Box 98000, Des Moines, Washington 98198-9800 or see the college website. For registration information contact the registrar's office at the same address.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-010, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-010, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-010, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-010, filed 1/6/76.

Wash. Admin. Code § 132I-160-020 Definitions.

The following terms are defined below:

(1) Applicants: Persons seeking admission to Highline College.

(2) Students: Applicants granted admission to Highline College.

(3) Veterans: Applicants or students who are eligible to receive Department of Veterans' Affairs Educational Benefits.

(4) Vietnam veterans: Veterans who have documented service in Cambodia, Laos, Thailand, or Vietnam during the period of August 5, 1964, to April 11, 1975.

(5) International students: Applicants or students who are not United States citizens and who attend Highline College on a student visa.

(6) Newly admitted students: Students who have not previously attended Highline College.

(7) Currently enrolled students: Students who are registered in credit courses in the current quarter.

(8) Former students: Students who were registered in credit courses in a previous quarter but who are not currently enrolled in credit courses.

(9) Resident students: Students who meet the definition according to RCW 28B.15.012. A copy of the Revised Code of Washington is available in the Highline College library.

(10) Nonresident students: Students who meet the definition according to RCW 28B.15.012(3). A copy of the Revised Code of Washington is available in the Highline College library.

(11) Registration by appointment: The initial period of registration for each quarter. Currently enrolled students are assigned days and times to register based upon the number of credits earned at Highline College.

(12) Late registration: Enrollment after the tenth class day.

(13) Open enrollment: Class registration for which no appointments are necessary.

(14) GED: The General Educational Development test of the American Council on Education.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-020, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-020, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-020, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-020, filed 1/6/76.

Wash. Admin. Code § 132I-160-032 Admission policy for applicants who are currently enrolled in a common school district or private high school.

Highline College admits applicants who are concurrently enrolled in a common school district or accredited private school and Highline College. These applicants must meet the requirements in WAC 132I-160-045.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-032, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-032, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-160-033 Admission requirements.

There are some guidelines in addition to the general admission policy (WAC 132I-160-025). These are:

(1) Highline College recommends, but does not require, that new students with less than forty-five transferable college-level credits take placement tests for advising, placement, and retention purposes.

(2) Specific courses may require demonstration of proficiency by assessment test scores or previous college course work.

(3) Some programs have selective admission requirements and procedures due to limited space or other requirements. These requirements and procedures are updated annually and may differ for each program. Contact the Highline College office of admissions, for specific information.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-033, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-033, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-033, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-160-035 Admission procedures.

Applicants become newly admitted students by completing and submitting a Highline College application form, either on the web or in person. Students who wish to transfer credit from other accredited institutions to Highline College should have official transcripts mailed to the records office.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-035, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-035, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-035, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-160-045 Admission requirements for applicants who are currently enrolled in a common school district or private high school.

Applicants who are currently enrolled in a common school district or accredited private school and Highline College must:

(1) Be currently enrolled as juniors or seniors in a common school district or accredited private school. Students enrolled in a home school are not eligible for admission;

(2) Take the entire placement test;

(3) Demonstrate college level skills on the placement test;

(4) Have permission from their high school principal; applicants under the age of eighteen must also have permission of a parent or legal guardian;

(5) Be in good standing at their high school (may not be on academic or disciplinary warning, probation, suspension, or dismissal status);

(6) Enroll for classes at the designated time; and

(7) Pay any outstanding charges such as, but not limited to, tuition, fees, books and supplies.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-045, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-045, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-045, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-160-060 Residency.

Students who meet the definition of resident students according to RCW 28B.15.012(2) shall be classified as resident students. Students not eligible for residency classification will be classified as nonresident students.

Students who have questions about their classification must complete a residency questionnaire and submit the necessary documentation to the admissions office. The admissions director or designee will review the questionnaire and notify the student in writing of the decision.

Students are responsible for registering under the proper residency classification.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-060, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-060, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-060, filed 1/6/76.

Wash. Admin. Code § 132I-160-065 Registration procedures.

There are two categories of registration procedures. One category applies to matriculated students, the other to those enrolled in continuing education courses. In both cases, registration is not completed until the student submits all required registration materials and pays all tuition and fees in full.

(1) The college provides a schedule of dates and times to register.

(2) Currently enrolled and returning students are assigned the first set of registration appointments based on the number of credits earned at Highline College.

(3) Newly admitted students register during open enrollment.

(4) Late registration occurs after the tenth day of classes.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-065, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-065, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-065, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-160-090 Changes in registration.

(1) Changes in schedule: Students may change their course schedule after initial registration. Deadlines for changes are available online and on campus.

(2) Dropping a course: Students may drop courses as indicated in the registration calendar available online. Classes dropped during the first three weeks of the quarter will not appear on student transcripts. Classes dropped after the third week of the quarter will appear on the student transcript with the designation "W" for withdrawal.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-090, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-090, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-090, filed 1/6/76.

Wash. Admin. Code § 132I-160-100 Fees.

(1) Tuition and fees are based on residency requirements (WAC 132I-160-060) and upon chapter 28B.15 RCW, College and university fees. Tuition is set by the Washington state legislature and is subject to change. The current tuition and fee schedule is available online.

(2) Special quarterly fees:

(a) Students who park on-campus must pay a parking fee.

(b) Courses may have additional fees as listed on the website.

(c) Some testing services charge a fee. A list of these services and fees may be obtained from the testing center or online website.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-100, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-100, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-100, filed 1/6/76.

Wash. Admin. Code § 132I-160-110 Refunds.

Refunds resulting from official withdrawal from courses will be computed as follows for state supported courses:

(1) One hundred percent. The refund will be one hundred percent of the amount paid if an official withdrawal form is received in the registration office before the sixth day of instruction of the quarter for which the fees have been paid. The deadlines vary for summer quarter courses, late-starting courses, or short courses. Deadlines are available from the college website.

(2) Canceled courses. When Highline College cancels a course, the college will refund the total amount paid for the course unless the student enrolls in a course to replace the canceled course. If the new course is for fewer credits, the college will refund the difference.

(3) Forty percent. Highline College will refund forty percent of the total amount paid if an official withdrawal form is received in the registration office on or after the sixth day of instruction, provided such withdrawal occurs within the first twenty calendar days following the beginning of instruction. The deadlines vary for summer quarter courses, late-starting courses, or short courses. Deadlines are published on the college website.

(4) Continuing education classes. To obtain refunds for continuing education courses, withdrawals must be received forty-eight hours before the first scheduled course meeting. Other refunds, except for course cancellation, will be made at the discretion of the continuation education director.

(5) Fees considered "nonrefundable" will be so designated in college materials and/or websites.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-160-110, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-110, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 28B.50.140(13). WSR 95-15-026, § 132I-160-110, filed 7/11/95, effective 8/11/95. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-110, filed 7/21/92, effective 8/21/92
• Order 013, § 132I-160-110, filed 1/6/76.

Wash. Admin. Code § 132I-160-120 Appeals.

Students have the right to appeal admission and registration deadlines and decisions. All appeals must be in writing. Admission and registration appeals are submitted in writing to the registrar after the student has consulted with the admissions director. Students may expect a written response to an appeal within thirty business days. The registrar's decision is final.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-160-120, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-160-120, filed 7/21/92, effective 8/21/92.

Chapter 132I-168A Highline College library.

Wash. Admin. Code § 132I-168A-010 Purpose of the library.

(1) Highline College library, through its role of supporting free expression and free access to ideas, assists the college in achieving the college's mission of superior education for its diverse community. The library provides both on-site and remote access to information and knowledge. The library endeavors to provide access to books and other materials of value for their wide range of information, interest, viewpoints and enlightenment on the problems and issues of our times. Just as the library's doors remain open to all individuals, regardless of age, ability, gender, sexual orientation, race, religion, national origin or socio-political views, so the library's collection remains open to all material regardless of author's age, ability, gender, sexual orientation, race, religion, national origin or socio-political viewpoint. Further, Highline College library, as part of an educational institution in a democratic society, perceives itself as challenger to all attempts at censorship and/or proscription of views of either patron or creator.

(2) The library maintains, and makes available to all users, written policies and procedures on:

(a) Collection development;

(b) Hours of service;

(c) Circulation periods;

(d) Availability of resources;

(e) Borrowing and access;

(f) Fees;

(g) Consideration and complaint processes; and

(h) Protection of library records.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-168A-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-168A-010, filed 11/12/04, effective 12/13/04
• Order 012, § 132I-168-010 (codified as WAC 132I-168A-010), filed 10/31/75.

Wash. Admin. Code § 132I-168A-050 Library use.

Consistent with a community college as an active and integral part of the community, the library's materials and services are a public resource available to the surrounding community. Within this principle, the library's primary clientele are students, faculty, and staff of Highline College. The library also welcomes students from other Washington community and technical colleges and the community at large. The resources of the library are also available for sharing with other libraries within the state and globally.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-168A-050, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-168A-050, filed 11/12/04, effective 12/13/04
• Order 012, § 132I-168-050 (codified as WAC 132I-168A-050), filed 10/31/75.

Wash. Admin. Code § 132I-168A-090 Schedule of fees and charges.

The schedule of fines and charges is posted at the library circulation desk and is available through the office of the dean of instructional resources. All patrons are subject to uniform application of this schedule.

(1) Damage charges. Damage charges for all library materials, regardless of type or classification, will reflect the cost of repair but will not exceed the cost of replacement. Damage charges for special collection materials will be determined by the dean of instructional resources.

(2) Replacement charges are levied for lost or nonreturned items, and for damaged items where the cost of repair exceeds the cost of replacement. Replacement charges are based on the current purchase price of the item plus the item-processing fee outlined in the schedule of fees and charges.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-168A-090, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-168A-090, filed 7/21/92, effective 8/21/92
• Order 012, § 132I-168-090 (codified as WAC 132I-168A-090), filed 10/31/75.

Wash. Admin. Code § 132I-168A-100 Appeals of fees and charges.

(1) Library patrons wishing to appeal fees and/or charges assessed by the library may do so by completing library forms found at the circulation desk. Completed forms are to be filed with the director of circulation services at the plaza level circulation desk. Failure to file this form within one day of the assessment of the fine or charge in question or within one day of the time the library patron was made aware of the fee or should have been aware of the fee shall be deemed a waiver of the right to appeal.

(2) Upon receipt of a properly filed request for a brief adjudicative proceeding, the dean of instructional resources shall conduct a hearing. Within ten days of such hearing, the dean shall serve the patron with an initial order either upholding or denying the patron's appeal. Such order shall comply with the requirements of RCW 34.05.485 and WAC 10-08-210.

(3) If the initial order is considered unsatisfactory, the library patron may file an appeal with the vice president of academic affairs or his or her designee. Such request shall be made in writing, shall clearly state the grounds for the appeal, and shall be postmarked within twenty-one days of the date of service of the initial order. Failure to file this request within twenty-one days shall be deemed as acceptance of the disposition proposed by the dean.

(4) The vice president's decision shall be final.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. WSR 04-23-044, § 132I-168A-100, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-168A-100, filed 7/21/92, effective 8/21/92
• Order 012, § 132I-168-100 (codified as WAC 132I-168A-100), filed 10/31/75.

Chapter 132I-276 Access to public records.

Wash. Admin. Code § 132I-276-010 Access to public records.

This chapter shall be known as Highline College rules on public records.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-276-010, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-015 Records index.

A records index of all documents as required by law shall be maintained by the college.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-015, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-017 Definitions.

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

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

(3) Highline College is an agency organized by statute pursuant to chapter 28B.50 RCW and shall hereinafter be referred to as the "college."

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-276-017, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-017, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-276-020 Purpose.

The purpose of this chapter is to ensure compliance by Highline College with chapter 42.17 RCW while at the same time preserving the orderly operation of the community college district and the privacy of the students and employees of the college.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-276-020, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-030 Request for documents—Procedure.

(1) For purposes of compliance with chapter 1, Laws of 1973, a records officer shall be designated by the college president. The duties of the records officer may include, but are not limited to, the implementation of the college's rules and regulations regarding release of public records, coordinating college staff in this regard, and generally insuring compliance by the staff with the public records disclosure requirements.

(2) All documents which are public records as defined by chapter 42.17 RCW are presumptively available for public access, except as restricted by WAC 132I-276-050. Any person wishing to inspect a public record shall submit a written request to the public records officer. The request must include the following information:

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

(b) The calendar date on which the request was made;

(c) The period of time for which information is requested;

(d) The nature and description of the request;

(e) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

(3) The records officer or her/his designee shall, within five business days:

(a) Make the requested document available (with exempt information redacted, if necessary); or

(b) Provide an internet address and link on the college's website to the specific records requested; or

(c) Acknowledge receipt of the request and provide a reasonable estimate as to when the college will be able to respond to the request; or

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

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

(f) Deny access because the document is exempt from public inspection.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-030, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-030, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-045 Review of denials of public records request.

(1) Any person who objects to the denial of a request for a public record may petition, in writing, for prompt review of such decision.

(2) The written request by a person requesting review of a decision denying a public record shall be submitted to the president or his designee.

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

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

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-276-045, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-045, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-045, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-050 Exemptions.

(1) The college reserves the right to withhold documents or redact information that is exempt from disclosure under the provisions of chapter 42.56 RCW or any other applicable laws.

(2) The college reserves the right to redact information from public records in any case where such information is exempt from disclosure. A reasonable time shall be allowed for redacting the exempt information. Responses to requests for public records that contain redacted documents shall be accompanied by an exemption log that identifies the redacted document and contains a written statement describing the applicable exemption, the legal citation to the exemption, and a brief description of how the exemption applies to the redacted information.

(3) All denials of requests for public records, whether in part or in whole, must be accompanied by an exemption log containing a description of the document (including the type of record, the number of pages, its date and unless otherwise protected, the name of its author and recipient) a written statement describing the applicable exemption, the legal citation to the exemption, and a brief description of how the exemption applies to the record being withheld or redacted. Where use of any identifying features whatever would reveal protected content, records may be designated by a numbered sequence.

(4) The release or disclosure of student educational records is governed by federal regulation, Family Educational Rights and Privacy Act (FERPA). Separate and different standards and procedures may apply to requests for student educational records.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-050, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-050, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-060 Copying.

No fee shall be charged for the inspection of public records. The college will charge twenty-five cents per page for providing copies of public records. This charge applies to scanning documents into a PDR or other electronic formats, as well as paper copies. This charge is intended to reimburse the college for its actual costs arising from the copying or scanning of requested public records. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the college reserves the right to charge for copies at a rate sufficient to cover any additional costs. The college reserves the right to require a ten percent advance payment of estimated copy or scanning costs before commencing copying or scanning. The college reserves the right to produce copies of documents on a partial or installment basis and charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the college is not obligated to fulfill the balance of the request.

When electronic records are provided on electronic media such as CDs or DVDs, the college may recover the cost of producing the media.

The college may recover the cost of packaging and mailing requested records.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-060, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-060, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-080 Office hours.

For purposes of this chapter, the regular office hours of Highline College are available on the college website.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-276-080, filed 10/9/14, effective 11/9/14. Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-276-080, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-080, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-100 Public records Form 1.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-100, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-276-110 Public records Form 2.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-276-110, filed 7/21/92, effective 8/21/92.

Chapter 132I-280 Family Educational Rights and Privacy Act of 1974.

Wash. Admin. Code § 132I-280-010 Confidentiality of student records.

The college continually receives requests from outside sources for information about students, both past and present. The staff and faculty of the college are reminded that 20 U.S.C 1232(g) the Family Educational Rights and Privacy Act of 1974 directs the college to adopt a policy on student education records to insure that information contained in such records is treated in a responsible manner with due regard to the personal nature of the information contained in those records. In order to prevent embarrassment or possible legal involvement of the college and its employees because of improper disclosure of information, it is important that college policy be implemented in the release of such information.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-280-015 Definition of a student.

A student is defined as any person who is or has been officially registered at Highline College and with respect to whom the college maintains education records or personally identifiable information.

History

• Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-280-015, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-015, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-280-020 Education records—Student's right to inspect.

(1) A student has the right to inspect and review his or her education records.

(a) For purposes of this section the term "education records" means those records, files, documents, and other materials which contain information directly related to a student.

(b) The term "education records" does not include:

(i) Records of instructional, supervisory, and administrative personnel which exist solely for the use of the maker and which are not accessible or revealed to any other person except a substitute.

(ii) In the case of persons who are employed by an educational institution but who are not attending that institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for any other use.

(iii) Records on a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional capacity, or assisting in that capacity and which are created, maintained, or used only in connection with the treatment of 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.

(2)(a) Recommendations, evaluations, or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (b), (c), and (d) of this subsection.

(b) The student may specifically release his right to review where the information consists only of confidential recommendations respecting:

(i) Admission to any educational institution; or

(ii) An application for employment; or

(iii) Receipt of an hour or honorary recognition.

(c) A student's waiver of his or her right of access to confidential statements shall apply only if:

(i) The student is, upon request, notified of the names of all persons making confidential statements concerning him; and

(ii) Such confidential statements are used solely for the purpose for which they were originally intended; and

(iii) Such waivers are not required as a condition for admission to, receipt of financial aid form, or receipt of any other services or benefits from the college.

(d) 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 (a) of this subsection. Such records shall remain confidential and shall be released only with the 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 the student.

(4) Students have the right to obtain copies of their educational records. Charges for the copies shall not exceed the cost normally charged by the college (except in cases where charges have previously been approved by the board of trustees action for certain specified services, such as transcripts and grade sheets).

(5) The college 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.

(6) Student education records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with this section and WAC 132I-280-025 be removed or destroyed prior to providing the student access.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-280-025 Requests and appeal procedures.

(1) A request by a student for review of information should be made in writing to the college individual or office having custody of the particular record.

(2) An individual or office must respond to a request for education records within a reasonable period of time, but in no case more than thirty days after the request has been made. A college individual or office which is unable to comply with a student's request within the above-stated time period shall inform the student of that fact and the reasons in writing.

(3)(a) A student who feels that his or her request has not been properly answered by a particular individual or office or who feels that the information contained in those records is incorrect should contact the appropriate dean responsible for the individual or office for mediation.

(b) In cases where a student remains dissatisfied after consulting with the appropriate dean the student may then request a hearing by the president or his or her designee(s). Following the hearing, the hearing officer shall render his or her decision within a reasonable period of time. In all cases the decision of the hearing officer shall be final.

(c) In no case shall any request for review by a student be considered by the college which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.

(d) The college shall not review any matter regarding the appropriateness of official academic grades beyond that provided for in WAC 132I-120-427, et seq.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-025, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-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) College staff, faculty, and students when officially appointed to a faculty council or administrative committee, when the information is required for a legitimate educational interest within the performance of their responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those responsibilities.

(b) Federal and state officials requiring access to education records in connection with the audit and evaluation or 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 and their parents 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 individuals requesting information in connection with a student's application for, or receipt of financial aid.

(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 purposes for which it was provided.

(e) Accrediting organizations in order to carry out their accrediting functions.

(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 the compliance therewith. Any college individual(s) or office(s) receiving a subpoena or judicial order for education records shall immediately notify the assistant attorney general for the college before releasing the documents.

(2) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the person giving such consent, and shall include:

(a) A specification of the records to be released;

(b) The reasons for such release; and

(c) The names of the parties to whom such records will be released.

(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e), and (f) of this section, the college shall maintain a record kept with the education record released 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) The term "directory information" used in subsection (1) of this section is defined as a student's name, address, telephone number, dates of attendance, and degrees and awards received. Students may request that the college withhold directory information through written notice to the registration office.

(6) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-030, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-280-035 College records.

All college individuals or offices having custody of education records will develop procedures in accord with WAC 132I-280-010 through 132I-280-040. Any supplementary regulations found necessary by departments will be filed with the college which will be responsible for periodic review of policy and procedures.

No records shall be kept that reflect a student's political or ideological beliefs or associations.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-035, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-280-040 Review of records requests and requests to amend.

(1) The registrar shall be responsible for reviewing unusual requests for information and for assisting in the interpretation of these rules.

(2)(a) A student who believes that information contained in his or her educational records is inaccurate or misleading or violates his or her privacy may request that the college amend these records.

(b) The college shall decide within ten working days of a student's request to amend records whether or not it will amend those records.

(c) If the college decides to refuse to amend the educational records of the student according to his or her request, it shall so inform the student of the refusal and advise the student of the right to a hearing.

(d) The student feeling aggrieved by a denial of his or her request to amend educational records may file an appeal requesting a formal adjudicative proceeding before the president or their designee.

(e) If, at the conclusion of the hearing process, the college still declines to amend the student's educational records, the student may place a statement in his or her educational records explaining that he or she feels that the records are erroneous and setting out the reasons for this belief. This statement shall be retained as long as the disputed information is on file and shall be forwarded with this information any time it is disclosed to an outside agency.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-040, filed 7/21/92, effective 8/21/92.

Chapter 132I-310 Nonacademic complaints against college employees.

Wash. Admin. Code § 132I-310-010 Purpose and definition.

The purpose of this procedure is to provide guidelines that promote constructive dialogue, understanding, and informal resolution of complaints and concerns that arise against college employees outside the instructional setting. This process also provides an avenue for formal procedures should an informal approach be ineffective. A complaint is hereby defined as a statement that expresses a complainant's dissatisfaction with the performance or action of a college employee, which the complainant believes to be unfair or inconsistent with college policy or procedures.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-310-010, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-310-015 Exclusions of complaint process.

This procedure is not to be used where other procedures are required for the resolution of specific categories of complaints or appeals. Student concerns covered by existing college policy or procedures (e.g., complaints against faculty members section 807 of the HCEA/HCC negotiated agreement) are excluded from this complaint process and should be brought to the attention of the appropriate college official.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-310-015, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-310-020 Time limitations.

Anyone wishing to express a complaint, as previously defined, should do so no later than ten business days from the time the complainant knew or reasonably should have known of the concern. Timely initiation of a complaint rests with the complainant.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-310-020, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-310-030 Complaint process procedures.

(1) Step 1: Discuss complaint with staff member. The complainant should discuss the complaint informally and thoroughly with the staff member to whom the complaint is directed. Both parties should openly discuss the complaint/concern and attempt to understand the other's perspectives, explore alternatives, and arrive at a satisfactory resolution to the complaint. If the complainant and staff member are unsuccessful at finding a resolution, if either of the parties is unwilling to meet, or if the complainant is dissatisfied with the complaint resolution, they should then move to step 2.

(2) Step 2: Express complaint in writing. Within ten business days of meeting or attempting to meet with the staff member, and the issue remains unresolved, the complainant shall draft a written complaint and forward the written complaint to the staff member and the staff member's immediate supervisor.

(3) Step 3: Supervisor conference. Upon receiving the complainant's written complaint, the staff member's immediate supervisor will ask the staff member for a written response. The supervisor may request supporting materials from either the staff member or complainant. At this step, the supervisor's primary goal is to facilitate a resolution of the matter between the parties. To that end, at his or her discretion, the supervisor may hold a conference with the involved parties, may meet with each individually, or may communicate a proposed resolution(s) in writing. Within fifteen business days of the date the written complaint was received, the supervisor shall provide a written copy of his/her decision to each involved party.

(4) Step 4: Executive conference. If the decision of the immediate supervisor does not resolve the complaint to the satisfaction of the complainant, the executive director of human resources or his or her designee shall, on request of the complainant, convene a conference of all affected supervisors within ten business days. All written statements and supporting materials from involved parties will be provided to the executive director of human resources or his or her designee prior to the conference. The executive director of human resources or his or her designee and the affected supervisors may opt to meet, individually or collectively, with the involved parties. Written materials will be retained in the human resources office. If after discussion, mediation, and review of materials at the conference, the involved parties are unable to find a mutually acceptable resolution, the executive director of human resources or his or her designee shall within five business days render a written decision on the complaint and will provide copies to all involved parties. The decision of the executive director of human resources or his or her designee will be final.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-310-030, filed 8/1/12, effective 9/1/12.

Wash. Admin. Code § 132I-310-040 Complainant assistance.

At any time during the complaint process, a complainant may request that the executive director of human resources or his or her designee assign a college employee to provide the complainant with guidance and assistance with the complaint process.

History

• Statutory Authority: RCW 28B.50.140. WSR 12-16-111, § 132I-310-040, filed 8/1/12, effective 9/1/12.

Chapter 132I-325 SEPA rules.

Wash. Admin. Code § 132I-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Community College District No. 9 that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (State environmental policy, chapters 197-11 and 131-24 WAC, as presently enacted or hereafter amended).

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-325-010, filed 7/21/92, effective 8/21/92.

Chapter 132I-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132I-400-010 Grounds for ineligibility.

Any student found by the college to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use, or sale of legend drugs, including anabolic steroids, will be disqualified from participation in any school-sponsored athletic event or activity.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-400-010, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-400-020 Suspension procedure—Right to hearing.

Any student notified of a claimed violation of WAC 132I-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the dean of students within twenty-one days of receipt of a declaration of further athletic ineligibility. If no written request is received within twenty-one days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-400-020, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-400-030 Suspension procedure—Hearing.

If a timely written request for a hearing is made, the dean of students shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-400-030, filed 7/21/92, effective 8/21/92.

Wash. Admin. Code § 132I-400-040 Decision.

(1) The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decisions and a notice that judicial review may be available. All documents presented, considered, or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than twenty days after the request for hearing is received by the dean of students.

(2) The student may appeal the hearing officer's decision to the president, in accordance with the procedures set forth in WAC 132I-120-450. The president's decision shall be final.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-400-040, filed 7/21/92, effective 8/21/92.

Chapter 132I-500 Severability.

Wash. Admin. Code § 132I-500-010 Severability.

If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-500-010, filed 7/21/92, effective 8/21/92.