Title 132r WAC — Big Bend Community College

Chapter 132R-01 Organization.

Wash. Admin. Code § 132R-01-010 Organization—Operation—Information.

(1) Organization. Big Bend Community College 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 acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Rules coordinator. The designated rules coordinator for Big Bend Community College is the vice president, administrative services, located at the following address:

Vice President, Administrative Services

Big Bend Community College

Building 1400

7662 Chanute Street

Moses Lake, WA 98837-3299

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

Big Bend Community College

Building 1400

7662 Chanute Street

Moses Lake, WA 98837-3299

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

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

Big Bend Community College - Admissions

Building 1400

7662 Chanute Street

Moses Lake, WA 98837-3299

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-01-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-016, § 132R-01-010, filed 12/26/89, effective 1/26/90.

Chapter 132R-02 Practice and procedure.

Wash. Admin. Code § 132R-02-010 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 in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules 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 Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.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: RCW 28B.50.140. WSR 90-02-016, § 132R-02-010, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-020 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, a member in good standing of the Washington State Bar Association, a panel of individuals, the president, or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-016, § 132R-02-020, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-030 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: RCW 28B.50.140. WSR 90-02-016, § 132R-02-030, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-040 Application for adjudicative proceeding.

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

President's Office

Big Bend Community College

Building 1400

7662 Chanute Street

Moses Lake, WA 98837-3299

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: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-02-040, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-016, § 132R-02-040, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-050 Brief adjudicative procedures.

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:

(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;

(2) Challenges to contents of education records;

(3) Student conduct proceedings. The procedural rules in chapter 132R-04 WAC apply to these proceedings;

(4) Parking violations. The procedural rules in chapters 132R-116 and 132R-118 WAC apply to these proceedings;

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132R-05 WAC;

(7) Appeals to trespass orders. The procedural rules in chapter 132R-117 WAC apply to these proceedings;

(8) Appeals pursuant to any other formal rule adopted by Big Bend Community College which specifically provides for a brief adjudicative procedure.

History

Statutory Authority: RCW 28B.50.140. WSR 19-21-079, § 132R-02-050, filed 10/14/19, effective 11/14/19
WSR 90-02-016, § 132R-02-050, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-060 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: RCW 28B.50.140. WSR 90-02-016, § 132R-02-060, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-070 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: RCW 28B.50.140. WSR 90-02-016, § 132R-02-070, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-080 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 132R-02-070, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-02-080, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-016, § 132R-02-080, filed 12/26/89, effective 1/26/90.

Wash. Admin. Code § 132R-02-090 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: RCW 28B.50.140. WSR 90-02-016, § 132R-02-090, filed 12/26/89, effective 1/26/90.

Chapter 132R-04 Student conduct code.

Wash. Admin. Code § 132R-04-010 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 maintain and to respect the general conditions necessary for a free and effective learning environment is expected of all members of the college community.

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-010, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-010, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-04-010, filed 12/26/89, effective 1/26/90
Order 69-4, § 132R-04-010, filed 12/5/69.

Wash. Admin. Code § 132R-04-015 Definitions.

For the purposes of this chapter, terms are defined as follows:

(1) "Student conduct officer" is a college administrator designated by the president to be responsible for implementing and enforcing the student conduct code. The vice president of learning and student success will serve as the student conduct officer or may appoint a designee.

(2) "Conduct review officer" is a college administrator designated by the president to be responsible for reviewing or referring appeals of student disciplinary actions as specified in this code. The director of student programs will serve as the conduct review officer, unless otherwise designated by the president.

(3) "The president" is the president of the college. The president is authorized to delegate any and all of his or her responsibilities as set forth in this chapter as may be reasonably necessary and to reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.

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

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

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

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

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

(b) By sending the document by email, once one has been generated, and by certified or first class mail to the party's last known address.

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

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

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

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

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

(9) "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.

(10) "Student" is defined as all persons taking courses at or through the college, including those concurrently attending secondary or postsecondary institutions and college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses (excluding those trainings occurring through the Center for Business and Industry Service and the Japanese Agriculture Training Program), irrespective of modality. Persons who withdraw after allegedly violating the student code of conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered "students" for the purposes of this chapter. "Continuing relationship" is established when a student is registered for an upcoming term or has indicated an intent to do so via a transaction, such as submitting a financial aid application for an upcoming term.

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

(12) "Business day" means a weekday, excluding weekends and college holidays. If a time period is not specifically stated in business days, then calendar days apply.

(13) "Complainant" means any person who files a complaint alleging that a student or student organization violated the standards of conduct for students. Complainant also refers to the college when the college files the complaint.

(14) "Sexual misconduct" has the meaning ascribed to this term in WAC 132R-04-057.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-015, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-015, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 23-11-048, § 132R-04-015, filed 5/11/23, effective 6/11/23
WSR 18-17-026, § 132R-04-015, filed 8/6/18, effective 9/6/18
WSR 17-22-054, § 132R-04-015, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-015, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-015, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-017 Statement of jurisdiction.

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

(a) On college premises; or

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

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

(2) Jurisdiction extends to, but is not limited to, locations in which students or student groups are engaged in official college programs or activities including, but not limited to, foreign or domestic travel, activities funded by the associated students, student government, student clubs or organizations, athletic events, training internships, cooperative and distance education, online education, practicums, supervised work experiences or any other college-sanctioned social or club activities 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 student conduct officer has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct by students or student groups that occurs off campus.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-017, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-017, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 23-11-048, § 132R-04-017, filed 5/11/23, effective 6/11/23
WSR 17-22-054, § 132R-04-017, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-017, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-017, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-019 Right to demand identification.

For the purpose of determining identity of a person as a student any faculty member or other college personnel authorized by the college president may demand that any person on college facilities produce evidence of student enrollment at the college. Tender of the student identification card will satisfy this requirement.

Refusal by a student to produce identification as required may subject the student to disciplinary action.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-019, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-019, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-040 Freedom of expression.

(1) Fundamental to the democratic process are the rights of free speech and peaceful assembly. Students, other members of the college community, and nonstudents shall always be free to express their views or support causes by orderly means which do not disrupt the regular and essential operations of the college.

(2) Concomitantly, while supporting the rights of students and others, the college recognizes the responsibility to maintain an atmosphere conducive to a sound educational endeavor.

(3) To ensure the reconciliation of such rights and responsibilities, while respecting the private rights of all individuals, campus demonstrations may be conducted only in areas which are generally available to the public provided such demonstrations:

(a) Are conducted in an orderly manner; and

(b) Do not unreasonably interfere with classes, scheduled meetings or ceremonies, or with the general educational processes of the college; or

(d) Do not unreasonably interfere with regular college functions.

(4) A student who conducts or participates in a demonstration which violates any provision of this rule shall be subject to disciplinary action. A nonstudent who violates any provision of the rule will be referred to civilian authorities for criminal prosecution.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-040, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-040, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-040, filed 12/5/69.

Wash. Admin. Code § 132R-04-042 Freedom of access to higher education.

Each student is free to pursue his or her educational goals; and to that end, appropriate opportunities for learning in the classroom shall be provided by the district. The college shall maintain an open door policy, to the end that no student will be denied admission because of the location of the student's residence, or because of the student's educational background or ability; that, insofar as is practical in the judgment of the board, curriculum offerings shall be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing courses of study, will be considered, known and recognized equally as members of the student body; provided, that the administrative officers of the college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student would not be competent to profit from the curriculum offerings of the community college, or would, by the student's presence or conduct, create a disrupting atmosphere within the community college inconsistent with the purposes of the institution.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-042, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-047 Freedom of association and organization.

Students bring to the campus a variety of previously acquired interests and develop many new interests as members of the college community. They are free to organize and join associations to promote any legal purpose, whether it be religious, political, educational, recreational or social.

Student organizations must be granted a charter by the college student government before they may be officially recognized. Prior to becoming chartered, a student organization must submit to the student government a statement of purpose, criteria for membership, a statement of operating rules or procedures, and the name of a college employee who has agreed to serve as an advisor. All student organizations must also submit to the student government a list of officers and keep that list updated when changes occur.

In order to qualify for issuance of a charter, a student organization must be open to all students without respect to race, sex, creed, national origin, or religion. Membership in all student organizations shall be open to any member of the college community who is willing to subscribe to the stated aims of the student organization. Affiliation with a noncampus organization shall not be grounds for denial of charter, provided that other conditions for charter issuance have been met.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-047, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-047, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-053 Authority.

The Big Bend Community College (BBCC) board of trustees, acting according to RCW 28B.50.140(14), delegates to the president of the college the authority to administer student disciplinary action. Administration of the student disciplinary procedures is the responsibility of the vice president of learning and student success. The vice president of learning and student success will serve as the student conduct officer, or appoint a designee. Unless otherwise specified, the student conduct officer or designee shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-053, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-053, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-053, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-100, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-100, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-100, filed 12/5/69.

Wash. Admin. Code § 132R-04-056 Standards.

Attendance at Big Bend Community College presupposes that students will observe the laws and deport themselves according to accepted standards of personal and group conduct. It further presupposes that each student will comply with the rules, regulations and procedures as are, or may be, established by Big Bend Community College. Failure to observe such laws, standards, rules, regulations and procedures shall render a student subject to penalties, which may include dismissal from the college.

The provisions of this section on student conduct and discipline do not apply to probation or suspension arising solely from low scholarship.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-056, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-056, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-057 Prohibited student conduct.

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

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

(a) Cheating includes, but is not limited to, any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

(b) Plagiarism includes, but is not limited to, taking and using as one's own, without proper attribution, the ideas, writings, or work of another person, or artificial intelligence, in completing an academic assignment. Prohibited conduct may also include the unauthorized submission for credit of academic work that has been submitted for credit in another course.

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

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

(e) This section shall not be construed as preventing an instructor from taking immediate disciplinary action as provided herein where the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom.

(f) This section shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.

(2) Other dishonesty. Acts of dishonesty 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;

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

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

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

(a) Assault is intentionally touching or striking another person in a harmful or offensive way.

(b) A threat is any conduct and/or speech that, when viewed objectively, threatens bodily harm to another person or that endangers the health or safety of another person. If the threat primarily involves speech, the speaker must also have consciously disregarded a substantial, unjustifiable risk that the communications could be viewed as threatening violence.

(c) Harassing conduct is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities. Harassing conduct may include, but is not limited to, physical, verbal, or nonverbal conduct, including written, social media, and electronic communications not otherwise protected by law.

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

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

(5) Cyber misconduct. Cyber misconduct including, but not limited to: Cyberstalking, cyberbullying, or online harassment.

(a) Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, applications (apps), and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person.

(b) 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 the 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(s) 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. Possession of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device or any other weapon apparently capable of producing bodily harm, unless previously authorized by the vice president of learning and student success. This policy does not apply to the possession of a personal protection spray device, as authorized by RCW 9.91.160. This policy is subject to the following exceptions:

(a) Commissioned law enforcement personnel in the state of Washington, legally authorized military personnel while in performance of their duties, and other persons or entities authorized by contract to carry firearms in the course of their employment;

(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.

(9) Hazing.

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

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

(b) Humiliation by ritual act;

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

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

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

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

(b) Cannabis. The use, possession, delivery, or sale of cannabis or the psychoactive compounds found in cannabis intended for human consumption, regardless of form, or being observably under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form. 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, production, delivery, sale, or being observably under the influence of any legend drug (including anabolic steroids, androgens, or human grown hormones), narcotic drug or controlled substance as defined in chapters 69.41 and 69.50 RCW, except in accordance with a lawful prescription for that student by a licensed health care professional.

(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, or in any location other than the parking lots, 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) Disorderly conduct. Conduct which is disorderly, lewd, indecent, or obscene, that is not otherwise protected under the law.

(12) Discriminatory conduct. Conduct which harms or adversely affects any member of the college community because of race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age (40+); religion; creed; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

(13) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 132R-04-103.

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

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

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

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

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

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

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

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

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

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

(v) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, 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 who is protected from that person's acts under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

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

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

(B) Suffer substantial emotional distress.

(viii) Consent. Clear, knowing, and voluntary permission by word or action to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be actual words or conduct indicating freely given agreement to the act at the time of the act. Consent cannot be inferred from silence, passivity, or lack of active resistance. Consent can be withdrawn by either party at any point. Consent to engage in one activity, or past agreement to engage in a particular activity, cannot be presumed to constitute consent to engage in a different activity or to engage in the same activity again. There is no consent where there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological. A person cannot consent if they are unable to understand what is happening or are disoriented, or if they are 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 incapable of consent has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(14) Discriminatory harassment. Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, not otherwise protected by law, that is directed at a person because of such person's protected status and that is sufficiently severe, persistent, or pervasive, so as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program and/or social programs and/or student housing; alter the terms of an employee's employment; or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person's race; color; national origin; presence of any sensory, mental or physical disability; use of a trained service animal; sex, including pregnancy; marital status; age (40+); religion; creed; sexual orientation; gender identity or expression; veteran's or military status; HIV/AIDS and hepatitis C status; or membership in any other group protected by federal, state, or local law. See supplemental definitions: "Sexual misconduct" for the definition of "sexual harassment." Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic communications not otherwise protected by law.

(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 of federal, state, or local law, 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;

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

(19) Abuse of process. Abuse or misuse of any of the procedures relating to student complaints or misconduct including, but not limited to:

(a) Failure to obey a subpoena or order to appear at a hearing;

(b) Falsification or misrepresentation of information;

(d) Interfering with someone else's proper participation in a proceeding;

(e) Destroying or altering potential evidence, or attempting to intimidate or otherwise improperly pressure a witness or potential witness;

(f) Attempting to influence the impartiality of, or harassing or intimidating, a student disciplinary committee member; or

(g) Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

(20) Unsafe vehicle operation. Operation of any motor vehicle on college property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.

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

(22) 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.

(23) Aiding or abetting. Aiding, abetting, inciting, encouraging, or assisting another person to commit any of the foregoing acts of misconduct.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-057, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-057, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 23-11-048, § 132R-04-057, filed 5/11/23, effective 6/11/23. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-057, filed 3/26/21, effective 4/26/21. Statutory Authority: RCW 28B.50.140. WSR 18-17-026, § 132R-04-057, filed 8/6/18, effective 9/6/18
WSR 17-22-054, § 132R-04-057, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-057, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-057, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-061 Hazing sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132R-04-057.

(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. See RCW 28B.10.901 (2) and (3).

(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. RCW 28B.10.901(3).

(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. RCW 28B.10.902(1).

(c) Student groups that knowingly permit hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college. RCW 28B.10.902(2).

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-02-065, s 132R-04-061, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 23-11-048, § 132R-04-061, filed 5/11/23, effective 6/11/23.

Wash. Admin. Code § 132R-04-063 Corrective action, disciplinary sanctions terms and conditions.

One or more corrective actions or disciplinary sanctions include, but are not limited to, the following sanctions that may be imposed alone or in conjunction upon students found to have committed the violations in WAC 132R-04-057. The college may impose additional sanctions on a student who fails to comply with any imposed sanctions including, but not limited to, preventing that student from registering for classes.

(1) 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.

(2) 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.

(3) 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. Other conditions and restrictions may include, but not be limited to, restrictions from being present on certain parts of the campus or in certain college buildings; restriction from attending certain college activities or participation in extra-curricular activities; orders of no contact between the student under probation and other students, college employees, or other persons.

(4) 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:

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

(b) 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.

(5) Education. The college may require the student to complete an educational project or attend sessions, at the student's expense, which address the student's behavior such as anger management or counseling.

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

(7) No contact directive. 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.

(8) 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.

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

(10) 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.

(11) Expulsion: Permanent separation of the student from the college with no promise (implied or otherwise) that the student may return at any future time. There will be no refund of tuition or fees for the quarter in which the action is taken. The student will also be barred from college premises. Expulsion actions will be accomplished by issuing both an order of expulsion and a notice of trespass pursuant to WAC 132R-117-020(2). The notice of trespass may be given by any manner specified in chapter 9A.52 RCW.

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

(13) Residence hall suspension or termination. Removal from a residence hall for a specified period or permanently. Conditions may be imposed before a student is permitted to return to a residence hall.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-02-065, s 132R-04-063, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 19-21-080, § 132R-04-063, filed 10/14/19, effective 11/14/19
WSR 17-22-054, § 132R-04-063, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-063, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-063, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-064 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 procedures are pending.

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

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

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

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

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

(a) The reasons for imposing the summary suspension, including 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 chair of the student disciplinary committee 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 his or her 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 other than to meet with the student conduct officer or designee, or to attend a disciplinary hearing.

(5)(a) The conduct review officer or designee shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension. The hearing will be conducted as a brief adjudicative proceeding.

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

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

(d) If the notice of summary suspension proceedings has been served upon the respondent in accordance with these rules and the student fails to appear at the designated hearing time, the conduct review officer may order that the summary suspension remain in place pending the conclusion of the disciplinary proceedings.

(e) As soon as practicable following the hearing, the conduct review officer shall issue a written decision, which shall include a brief statement of findings of fact and conclusions of law, the policy reasons justifying imposition of the summary suspension. If summary suspension is upheld and/or other discipline imposed, the order shall inform the respondent of the duration of the summary suspension or the nature of the disciplinary action(s), conditions under which the summary suspension may be terminated or modified, and procedures by which the order may be appealed.

(f) The interim suspension shall not replace the regular discipline process, which shall proceed as quickly as feasible in light of the interim suspension.

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

(6) In cases involving allegations of sexual misconduct, the complainant will 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 26-01-068, s 132R-04-064, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-064, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-064, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-064, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-064, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-103 Supplemental sexual misconduct procedures.

(1) Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial discipline action and to appeal the student conduct officer's disciplinary order. Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct not otherwise subject to Title IX. In such cases, these procedures shall supplement the student disciplinary procedures. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.

(2) Supplemental complaint process. The following supplemental procedures shall apply with respect to complaints or other reports of alleged sexual misconduct by a student.

(a) The college's Title IX compliance officer 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 results of the investigation shall be referred to the student conduct officer for disciplinary action.

(b) 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.

(c) 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.

(d) 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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-103, filed 12/12/25, effective 1/12/26. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-103, filed 10/25/17, effective 11/25/17.

Wash. Admin. Code § 132R-04-112 Initiation of disciplinary action.

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

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

(a) Sexual misconduct. The college's Title IX coordinator or designee shall review, process, and, if applicable, investigate complaints or other reports of sexual misconduct.

(b) 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 referred to the student conduct officer for disciplinary action.

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

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

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

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

(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 132R-04-063; 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.

(11) In cases involving allegations of sexual misconduct that is not subject to Title IX, 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 26-01-068, s 132R-04-112, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-112, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-112, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-112, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-112, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-113 Appeal from disciplinary action.

(1) 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 order shall be deemed final.

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

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

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

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

(6) In the event of a conflict between this student conduct code and the Administrative Procedure Act, chapter 34.05 RCW, this student conduct code will govern.

(7) The college hereby adopts the Model rules of procedure, chapter 10-08 WAC, by reference. To the extent there is a conflict between these rules and chapter 10-08 WAC, these rules shall control.

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

(9) The student disciplinary committee shall hear the following cases as fully adjudicated proceedings:

(a) Appeals from suspensions in excess of ten instructional days;

(b) Appeals from dismissals; and

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

(10) Student conduct appeals involving the following disciplinary actions shall be reviewed as brief adjudicative proceedings:

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation;

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

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

(12) In cases involving allegations of sexual misconduct that are not subject to Title IX, the complainant has the right to appeal the following actions by the student conduct officer following the same procedures as set forth above for the respondent:

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

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

(13) 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.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-113, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-113, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-113, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-067, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-067, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-115 Brief adjudicative proceedings—General.

(1) This rule is adopted in accordance with RCW 34.05.482 through 34.05.494. Brief adjudicative proceedings shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the president, or a designee, in regard to:

(a) Parking violations.

(b) Outstanding debts owed by students or employees.

(d) Residency determinations.

(e) Use of library - Fines.

(f) Challenges to contents of education records.

(g) Loss of eligibility for participation in institution sponsored athletic events.

(h) Student conduct appeals involving the following disciplinary actions:

(i) Suspensions of ten instructional days or less;

(ii) Disciplinary probation;

(iii) Written reprimands; and

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

(i) Appeals of decisions regarding mandatory tuition and fee waivers.

(2) Brief adjudicative proceedings are informal hearings designed to resolve disputes and address concerns on the part of students, faculty, or other college personnel. Brief adjudicative proceedings shall be conducted in a manner which will bring about a prompt, fair resolution of the matter.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-115, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-115, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-115, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-116 Brief adjudicative proceedings—Initial hearing.

(1) Brief adjudicative proceedings shall be conducted by the student conduct officer. The presiding 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 college'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 all the parties within 10 calendar days of consideration of the initial hearing. 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 order.

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

(5) If the conduct review officer upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension in excess of 10 instructional days or expulsion, the matter shall be referred to the student disciplinary committee for a disciplinary hearing. The conduct review officer may enter an interim order suspending the student until a hearing can be held by the student disciplinary committee. The interim order shall provide a brief explanation as to facts supporting the interim order of suspension and give the necessary notices that the case has been referred to the student disciplinary committee.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-116, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-116, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-116, filed 10/25/17, effective 11/25/17.

Wash. Admin. Code § 132R-04-1170 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president or his or her 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 president 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 president 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 proceedings must be referred to the student disciplinary committee for a formal adjudicative hearing.

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 20 calendar days of the initial decision or of the request for review, whichever is later. The order 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 reviewing officer does not make a disposition of the matter within 20 calendar days after the request is submitted.

(5) If the president 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 disciplinary committee for a disciplinary hearing. The president or designee may enter an interim order suspending the student until a hearing can be held by the student disciplinary committee. The interim order shall provide a brief explanation as to facts supporting the interim order of suspension and give the necessary notices that the case has been referred to the student disciplinary committee.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-1170, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-1170, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-1170, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-160, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-160, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-160, filed 12/5/69.

Wash. Admin. Code § 132R-04-118 Brief adjudicative proceedings—Agency record.

The agency record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-118, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-165, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-165, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-125 Student conduct committee—General.

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

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

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

(c) The conduct review officer or other member of the administration appointed by the president at the beginning of the academic year.

(2) The conduct review officer shall serve as the committee chair and may take action on preliminary hearing matters prior to the appointment of the committee. The committee chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-125, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-125, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, amended and recodified as § 132R-04-125, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-117, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-117, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-04-130 Student disciplinary committee—Prehearing.

(1) The student conduct administrative panel will conduct full adjudicative proceedings in accordance with the provisions of this standards of conduct for students code, the Administrative Procedure Act (chapter 34.05 RCW), and the model rules of procedure (chapter 10-08 WAC) including a hearing, determination of findings, conclusions, and sanctions. To the extent there is a conflict between the conduct code and the model rules, this student conduct code shall control.

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

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

(4) Upon request filed at least five business days before the hearing by either 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 in their respective cases. 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, unless the party can show good cause for such failure.

(5) The committee chair may provide to the committee members in advance of the hearing copies of (i) the student conduct officer's notification of imposition of discipline (or referral to the committee) and (ii) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

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

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

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

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

(10) In circumstances involving more than one accused student, the student conduct officer may permit joint or separate hearings upon request by a party.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-02-065, s 132R-04-130, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-130, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-130, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-130, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-130, filed 12/5/69.

Wash. Admin. Code § 132R-04-131 Student disciplinary committee hearing—Presentation of evidence.

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

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

(b) Serve 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 ensure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.

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

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

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

(7) The president of the college or designee, the chair of the student disciplinary committee, the administrators assigned to the student disciplinary committee, deans, and/or the student conduct officer have the authority to issue subpoenas.

(8) The accused student and the student conduct officer may arrange for witnesses to present pertinent information to the student disciplinary committee. Each party is responsible for informing their witnesses of the time and place of the hearing.

(9) The committee chair may accommodate concerns for the personal safety, well-being, or fears of confrontation during the hearing by providing separate facilities, or by permitting participation by videoconferencing, telephone, audio tape, written statement, or other means. In making such accommodations, the rights of the other parties must not be prejudiced, and the parties must have the opportunity to participate effectively in, to hear, and, if technically economically feasible, to see the entire proceeding while it is taking place.

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

(11) In cases involving allegations of sexual misconduct that are not subject to Title IX, no party shall directly question or cross examine one another. Attorneys for the parties are also prohibited from questioning the opposing party absent express permission from the committee chair. Subject to this exception, all cross-examination questions shall be directed to the committee chair, who in their discretion shall pose the questions on the party's behalf.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-131, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-131, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-131, filed 10/25/17, effective 11/25/17.

Wash. Admin. Code § 132R-04-140 Student disciplinary committee—Initial decision.

(1) Within 20 calendar days following the conclusion of the hearing or the committee's receipt of closing arguments (whichever is later), 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.

(2) The committee's initial decision 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 determine any disciplinary sanction or conditions authorized herein. If the matter is an appeal by the respondent, the committee may affirm, reverse, or modify the discipline imposed by the student conduct officer and/or impose any other disciplinary sanction or conditions authorized herein.

(3) The committee chair shall provide copies of the initial decision to the parties and any legal counsel who have appeared. The committee chair shall also promptly transmit a copy of the order and the record of the committee's proceedings to the college president and the vice president of learning and student success.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-140, filed 12/12/25, effective 1/12/26. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-140, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-140, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-140, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-140, filed 12/5/69.

Wash. Admin. Code § 132R-04-150 Appeal from student conduct committee initial decision.

(1) Any party who is aggrieved by the findings of conclusions issued by the student disciplinary committee may appeal the committee's decision to the president by filing a written appeal with the president's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

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

(a) Procedural irregularity that would change the outcome;

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

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

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

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

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

(6) In cases involving allegations of sexual misconduct that are not subject to Title IX, 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.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-150, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-150, filed 12/23/24, effective 1/23/25. Statutory Authority: RCW 28B.50.140. WSR 17-22-054, § 132R-04-150, filed 10/25/17, effective 11/25/17
WSR 16-15-011, § 132R-04-150, filed 7/8/16, effective 8/8/16. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-150, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-150, filed 12/5/69.

Wash. Admin. Code § 132R-04-170 Criminal prosecution.

College personnel or students may refer any student code of conduct violations which are also violations of federal or state law to the proper authorities for disposition.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-04-170, filed 7/14/03, effective 8/14/03
Order 69-4, § 132R-04-170, filed 12/5/69.

Wash. Admin. Code § 132R-04-180 Effective date.

The rules contained within chapter 132R-04 WAC shall become effective upon the date the same are filed with the code reviser.

History

Order 69-4, § 132R-04-180, filed 12/5/69.

Wash. Admin. Code § 132R-04-190 Prior rules.

The rules contained within chapter 132R-04 WAC supersede all former rules for which a student was subject to disciplinary action as defined by WAC 132R-04-010.

History

Order 69-4, § 132R-04-190, filed 12/5/69.

Wash. Admin. Code § 132R-04-200 Severability.

If any provision of chapter 132R-04 WAC is adjudged by a court to be unconstitutional, the remaining provisions of chapter 132R-04 WAC shall continue in effect.

History

Order 69-4, § 132R-04-200, filed 12/5/69.

Wash. Admin. Code § 132R-04-300 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 132R-04-010 through 132R-04-200, these supplemental procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-300, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-300, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-305 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) Quid pro quo harassment. A college employee conditioning the provision of an aid, benefit, or service of the college on an individual's participation in unwelcome sexual conduct.

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-305, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-305, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-310 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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, WAC 132R-04-010 through 132R-04-200.

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

History

Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-310, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-315 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);

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

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

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

(ii) An advisor may be an attorney; and

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

(f) 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 26-01-068, s 132R-04-315, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-315, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-320 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 132R-04-130. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-320, filed 12/12/25, effective 1/12/26
WSR 25-02-065, s 132R-04-320, filed 12/23/24, effective 1/23/25. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-320, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-325 Rights of parties.

(1) The college's student conduct procedures, WAC 132R-04-010 through 132R-04-200, 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
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-325, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-330 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) Complainant and respondent may not ask questions directly of one another. Questions may be asked through a party's advisor or by the chair, after the chair determines the question is relevant and not privileged or otherwise impermissible. The chair has discretion to follow this procedure for other witnesses as well.

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-330, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-330, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-335 Initial order.

(1) In addition to complying with WAC 132R-04-140, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-335, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-335, filed 3/26/21, effective 4/26/21.

Wash. Admin. Code § 132R-04-340 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 in 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. 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.

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 reviews of the 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 any new disciplinary sanctions and/or condition(s).

(5) 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.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-01-068, s 132R-04-340, filed 12/12/25, effective 1/12/26. Statutory Authority: Chapter 34.05 RCW
and RCW 28B.50.140(13) and 34 C.F.R. Part 106
Nelson v. Spokane Community College, 14 Wn. App.2d 40, 469 P.3d 317 (2020). WSR 21-08-012, § 132R-04-340, filed 3/26/21, effective 4/26/21.

Chapter 132R-05 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132R-05-010 Immediate suspension.

Student athletes found to have violated chapter 69.41 RCW, Legend drugs—Prescription drugs, shall, upon conviction, be immediately suspended from participation in school-sponsored athletic events by the athletic director. The period of loss of eligibility to participate will be determined by the athletic director at the conclusion of a brief adjudicative hearing(s) as detailed in the Big Bend Community College athletic handbook, to be commenced within twenty days of the suspension.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-05-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-017, § 132R-05-010, filed 12/26/89, effective 1/1/90.

Chapter 132R-12 Designating authority—Exemptions from higher education personnel law.

Wash. Admin. Code § 132R-12-020 Classified employee exemptions.

Pursuant to RCW 41.06.070, the following positions at Big Bend Community College and in Community College District No. 18, state of Washington, are deemed exempt from the provisions of chapter 41.06 RCW:

(1) Members of the board of trustees.

(2) President.

(3) Major administrative officers:

(a) vice president of instruction.

(b) vice president for administrative services.

(4) All employees of Community College District No. 18 who are either probationary faculty appointees or tenured faculty appointees pursuant to RCW 28B.50.850 through 28B.50.869.

(5) All deans, directors, coordinators, and assistants to the president and major administrative officers analogous to vice presidents.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-12-020, filed 7/14/03, effective 8/14/03
Order 70-4, § 132R-12-020, filed 3/5/70.

Wash. Admin. Code § 132R-12-030 Effective date.

The effective date of this rule shall be March 5, 1970.

History

Order 70-4, § 132R-12-030, filed 3/5/70.

Chapter 132R-116 Traffic and parking regulations.

Wash. Admin. Code § 132R-116-010 Introduction.

The rules and regulations provided in this chapter have been established by the board of trustees of Big Bend Community College acting on behalf of Big Bend Community College to govern vehicular traffic and parking upon all state lands devoted to the educational, recreational, and living activities of Big Bend Community College.

History

Order 73-4, § 132R-116-010, filed 3/23/73.

Wash. Admin. Code § 132R-116-020 Purposes of regulations.

The purposes of these regulations are:

(1) To control parking on college owned parking lots.

(2) To control parking and traffic on all streets bordered on at least one side by college owned or college leased property.

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

(4) To expedite Big Bend Community College business, protect state property, and provide maximum safety and convenience.

(5) To provide funds to obtain and maintain suitable campus parking and traffic facilities.

History

Order 73-4, § 132R-116-020, filed 3/23/73.

Wash. Admin. Code § 132R-116-030 Applicable rules and regulations.

The traffic and parking regulations which are applicable upon state lands devoted to the educational, recreational, and housing activities of Big Bend Community College are as follows:

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

(2) Special regulations set forth in this chapter.

History

Order 73-4, § 132R-116-030, filed 3/23/73.

Wash. Admin. Code § 132R-116-040 Handicapped parking.

Spaces shall be set aside in certain parking lots adjacent to campus buildings for the exclusive use of handicapped faculty, staff, and students. Persons must have a valid state handicapped parking sticker on their vehicle when parking in a "handicapped space."

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-040, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-040, filed 3/9/76
Order 73-4, § 132R-116-040, filed 3/23/73.

Wash. Admin. Code § 132R-116-050 Prohibited areas.

No vehicle shall be parked in any driveway, emergency access, sidewalk, lawn, or any other area not designated as a parking lot. Nor shall any vehicle be parked within fifteen feet either side of a fire hydrant.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-050, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-050, filed 3/9/76
Order 73-4, § 132R-116-050, filed 3/23/73.

Wash. Admin. Code § 132R-116-060 Abandoned, disabled, or inoperative vehicles.

No abandoned, disabled, or inoperative vehicle shall be parked on the campus for a period in excess of seventy-two hours. Vehicles which have been parked for periods in excess of seventy-two hours and which appear to be abandoned, disabled, or inoperative may be impounded and stored at the expense of either or both the owner and operator thereof. Neither the college nor its employees shall be liable for loss or damage of any kind resulting from such impounding and storage.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-060, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-060, filed 3/9/76
Order 73-4, § 132R-116-060, filed 3/23/73.

Wash. Admin. Code § 132R-116-070 Impounding of illegally parked vehicles.

The president or his/her designee(s) may order the impound and storage of any vehicle parked in areas where parking is not allowed, or parked in a space reserved for another vehicle, or illegally parked in a handicapped space. The impounding and storage shall be at the expense of either or both the owner and operator of the impounded vehicle. Neither the college nor its employees shall be liable for loss or damage of any kind resulting from such impounding and storage.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-116-070, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-070, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-116-070, filed 3/23/73.

Wash. Admin. Code § 132R-116-080 Liability of college.

The college assumes no liability for vehicles parked on college properties. The college provides space to individuals desiring to park on campus while attending college classes, college functions, or noncollege functions of agencies or organizations renting college facilities, while employed at the college, or visitors to the college.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-080, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-116-080, filed 3/23/73.

Wash. Admin. Code § 132R-116-090 Parking violations.

Parking violations may occur and may result in the issuance of a parking violation citation, impound, or both.

(1) Vehicles parked in a space reserved for handicapped parking and not displaying a handicapped parking permit shall be subject to citation.

(2) Vehicles parked in such a manner as to occupy more than one space shall be subject to citation.

(3) Vehicles parked in an area not specifically posted for parking shall be subject to citation. Vehicles parked in service areas, driveways, loading zones, on lawns, or areas with yellow curb shall be subject to citation, impound, or both.

(4) Vehicles parked in a posted area specifically prohibiting parking shall be subject to citation, impound, or both.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-116-090, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-090, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-116-090, filed 3/23/73.

Wash. Admin. Code § 132R-116-100 Regulatory signs.

Drivers of vehicles shall obey regulatory signs posted by the college. Drivers of vehicles shall also comply with directions given them by campus security or other representatives of the office of campus security in the control and regulation of traffic and parking.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-100, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-116-100, filed 3/23/73.

Wash. Admin. Code § 132R-116-110 Rules and regulations available.

These rules and regulations shall be made available at appropriate locations on campus and shall be available in abbreviated form to all persons parking at Big Bend Community College. Not being familiar with, or ignorance of one or more of these rules and regulations shall not constitute a defense for violation of a rule or regulation and shall not limit the culpability of a person to whom the violation citation is issued.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-110, filed 12/26/89, effective 1/26/90
Order 76-8, 132R-116-110, filed 3/9/76
Order 73-4, § 132R-116-110, filed 3/23/73.

Wash. Admin. Code § 132R-116-120 Special traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional heavy traffic, during emergencies, or during construction of campus facilities, the president of the college or his authorized designee, is authorized to impose additional traffic and parking regulations or modify the existing rules and regulations for achievement of the general objectives provided in WAC 132R-116-020.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-120, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-120, filed 3/9/76
Order 73-4, § 132R-116-120, filed 3/23/73.

Wash. Admin. Code § 132R-116-130 Effective hours of operation.

The traffic and parking regulations shall be effective at all times.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-130, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-116-130, filed 3/23/73.

Wash. Admin. Code § 132R-116-140 Fines.

Citations issued to faculty, staff, or students of Big Bend Community College shall be payable in accordance with posted rates. Failure to pay shall be grounds for disciplinary action.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-140, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-140, filed 3/9/76
Order 73-4, § 132R-116-140, filed 3/23/73.

Wash. Admin. Code § 132R-116-150 Disposition of fees and fines.

The cashier shall deposit all proceeds from fees and fines collected pursuant to these regulations in the general parking fund of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-116-150, filed 12/26/89, effective 1/26/90
Order 76-8, § 132R-116-150, filed 3/9/76
Order 73-4, § 132R-116-150, filed 3/23/73.

Chapter 132R-117 General conduct code.

Wash. Admin. Code § 132R-117-010 Firearms and dangerous weapons.

(1) Possession, carrying or discharge of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device or any other weapon apparently capable of producing bodily harm (including shot guns, pistols, air guns, pellet guns, and paint-ball guns), whether loaded or unloaded, is prohibited on Big Bend Community College owned or controlled property, unless otherwise authorized in this provision.

(2) Such persons who are authorized to carry firearms or other weapons as duly appointed and commissioned law enforcement officers in the state of Washington, legally authorized military personnel while in the performance of their duties, and other persons or entities authorized by contract to carry firearms in the course of their employment, may possess firearms or other weapons issued for their possession by their respective law enforcement agencies while on campus or other college controlled property, including residence halls.

(3) An individual 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.

(4) Anyone seeking to bring a firearm or other weapon onto campus for purposes directly related to a class or other educational or work activity must obtain prior written authorization from the vice president of learning and student success or any other person designated by the president of the college. The vice president of learning and student success or other designee shall review any such request and may establish conditions to the authorization. Any permission shall be in writing and subject to such terms or conditions incorporated into the written permission.

(5) Any person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Big Bend Community College.

(6) Violators shall be subject to appropriate disciplinary or legal action.

History

Statutory Authority: RCW 28B.50.140. WSR 17-22-052, § 132R-117-010, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-117-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 92-20-077, § 132R-117-010, filed 10/5/92, effective 11/5/92.

Wash. Admin. Code § 132R-117-020 Trespass.

(1) The president of the college, or the president's designee, has the authority to grant, deny, or withdraw permission for people to be on college property. Any individual who is on college property must comply with college rules. Access to college property may be limited to certain times, certain uses, or certain groups of people. People who are on college property or within a college building without permission may be ordered to leave by any college official.

(2) People who remain on college property without permission, who disrupt college activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from college property and given a twenty-four-hour trespass notice by the president, the president's designee, or a member of campus security.

(3) In the event a person's conduct continues to threaten the health, safety, or security of anyone on campus, the president or president's designee may trespass the person from college property for up to one year, except expelled students may permanently be trespassed from campus. Any prior license or privilege to be on college property is revoked by the notice of trespass.

(4) A person who is trespassed from college property shall be given a written notice of trespass identifying:

(a) The reason why the person is being trespassed;

(b) The duration and scope of the trespass;

(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW.

(5) Appeals.

(a) If a current student is trespassed from campus, the initial trespass notice is considered a summary suspension under WAC 132R-04-064 and the student will receive an emergency appeal hearing under WAC 132R-04-064 with the conduct review officer as defined in WAC 132R-04-015(2). The authority to bar students from college property in this regulation is separate from and in addition to the authority of the student conduct officer as defined in WAC 132R-04-015(1). At the conclusion of the entire student conduct process, a student who is expelled may be permanently trespassed from college property in accordance with WAC 132R-04-063(11).

(b) If a current employee is trespassed from a particular portion of campus that the employee does not need to access to perform his or her job (e.g., ejected from DeVries Activity Center during a basketball game), the employee can appeal the decision under (c) of this subsection. If an employee is trespassed from all college property because his or her conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the college will follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate.

(c) All other persons who have been removed or trespassed from university property may appeal the decision by submitting to the president or president's designee, by certified mail, a letter stating the reasons the person should not be barred from college property within twenty-one days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass within twenty days after the request for review is received. This decision is the college's final decision.

History

Statutory Authority: RCW 28B.50.140. WSR 19-21-081, § 132R-117-020, filed 10/14/19, effective 11/14/19. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-117-020, filed 7/14/03, effective 8/14/03.

Chapter 132R-118 Traffic and parking regulations for bicycles, motorcycles and motorscooters.

Wash. Admin. Code § 132R-118-010 Purpose.

The primary objective of the rules and regulations set forth in this chapter is to provide safety, traffic, and parking controls for the use of bicycles, motorcycles, motorscooters, snowmobiles, skateboards, skates, in-line skates and all-terrain vehicles upon all state lands devoted to the educational, recreational, and living activities of Big Bend Community College.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-118-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-118-010, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-118-010, filed 3/23/73.

Wash. Admin. Code § 132R-118-020 Bicycles, motorcycles, motorscooters, snowmobiles, skateboards, skates, in-line skates and all-terrain vehicles defined.

A bicycle shall be, for the purposes of this section, any vehicle with three or less wheels and containing a saddle seat, and which is not motor driven. Any vehicle with three or less wheels and containing a saddle seat, and which is motor driven is considered a motorcycle or motorscooter for the purposes of this section. Any vehicle with ski(s) and a track-type drive designed for travel over snow is considered a snowmobile for the purposes of this section. Any unit consisting of a board with two or more wheels attached to the underside that is propelled by the use of a persons foot is considered a skateboard for this section. For the purposes of this section, any shoe-skate with four wheels is considered a skate, and any shoe-skate with three or more wheels attached in a straight line is considered an in-line skate. Any vehicle with three or four wheels and containing a saddle-type seat, which is motor driven is considered an all-terrain vehicle for the purpose of this section.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-118-020, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-118-020, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-118-020, filed 3/23/73.

Wash. Admin. Code § 132R-118-030 Applicable rules and regulations.

The safety, traffic, and parking regulations for bicycles, motorcycles, motorscooters, snowmobiles, skateboards, skates, in-line skates and all-terrain vehicles which are applicable upon the campus of Big Bend Community College are as follows:

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

(2) Special regulations set forth in this chapter.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-118-030, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-118-030, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-118-030, filed 3/23/73.

Wash. Admin. Code § 132R-118-040 Operation of bicycles, motorcycles, motorscooters, snowmobiles, skateboards, skates, in-line skates and all-terrain vehicles.

(1) No bicycle, motorcycle, or motorscooter may be operated on sidewalks, walkways, lawns, or other property not set aside for such purposes on the Big Bend Community College campus.

(2) Bicycles, motorcycles, motorscooters, and all-terrain vehicles may be operated any place where automobiles or other motor vehicles are permitted.

(3) Snowmobiles, skateboards, skates and in-line skates are prohibited as a means of transportation or recreation on campus property.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-118-040, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-118-040, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-118-040, filed 3/23/73.

Wash. Admin. Code § 132R-118-050 Parking regulations.

(1) Motorcycles, motorscooters, and all-terrain vehicles may be parked in any parking lot on the campus of the college.

(2) Bicycles must be parked in bicycle racks. At times, rack space may not be available and parking on the grass off the pavement will be permitted.

(3) Bicycles, motorcycles, motorscooters, and all-terrain vehicles may be parked in triangular spaces caused by angular parking in a lot.

(4) Bicycles, motorcycles, motorscooters, and all-terrain vehicles may not be parked on any lawn, sidewalk, walkway, driveway, service area, against any building, building entrances or exits, nor in a building on the college campus, except as provided in subsection (2) of this section.

(5) Bicycles, motorcycles, motorscooters, and all-terrain vehicles not conforming to these regulations are subject to citation as are all other vehicles, and may be impounded as provided in WAC 132R-116-070 and 132R-116-080.

(6) Bicycle, motorcycle, motorscooter, and all-terrain vehicle regulations will be in effect at all times.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-118-050, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-118-050, filed 3/23/73.

Chapter 132R-136 Use of college facilities.

Wash. Admin. Code § 132R-136-010 Philosophy and purpose concerning the use of college facilities.

The Big Bend Community College board of trustees has determined that college facilities shall be made available for community use. College facilities shall be used for those activities that are related directly to its educational mission or are justifiable on the basis of their contributions to the cultural, social, or economic development of the community and state.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-136-010, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-136-010, filed 3/23/73.

Wash. Admin. Code § 132R-136-020 Availability of college facilities.

All events, activities, parties, etc., must have the prior approval of the college president or his/her designee(s) before they will be permitted to occur on college property. College facilities may be made available for use by organizations conducting public educational, research, cultural, civic, or community activities as limited by board policy and provided that these activities do not interfere with the educational priorities of the institution.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-136-020, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-136-020, filed 3/23/73.

Wash. Admin. Code § 132R-136-030 Eligibility for use of college facilities.

Application for use of college facilities can be made by contacting the college. Contracts for the use of college facilities shall be completed and returned by an agent of the organization prior to final approval. Information concerning facility rental regulations, procedures, fees, and liabilities may be found in the Administrative Process Manual AP8051.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-030, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-136-030, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-136-030, filed 3/23/73.

Wash. Admin. Code § 132R-136-035 Use of college facilities by ASB organizations.

Any recognized ASB organization may request approval from the director of student programs to utilize available college facilities for authorized activities as provided for in official ASB documents. Facilities will be provided free of charge to the organization except when such use necessitates staffing and services beyond regular college requirements. Standard college fees will be charged in these cases.

Use of facilities for purposes other than those approved or in an irresponsible manner may result in withdrawal of this privilege for an organization.

Student organizations should schedule facility use requests with the appropriate office at least two weeks in advance of an event whenever possible.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-035, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-136-040 Use of college equipment and supplies.

College equipment and supplies may be available to noncollege sponsored organizations as part of the facilities rental contract.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-136-040, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-136-040, filed 3/23/73.

Wash. Admin. Code § 132R-136-055 Commercial activities.

(1) College facilities shall not be used for commercial solicitation, advertising or promotional activities except when such activities clearly serve educational objectives, including, but not limited to, display of books of interest to the academic community or the display or demonstration of technical or research equipment, and when such commercial activities related to educational objectives and are conducted under the sponsorship or at the request of a college department or office of the associated student body, provided that such solicitation does not interfere with or operate to the detriment of the conduct of the college affairs or the free flow of pedestrian or vehicular traffic.

(2) For the purpose of this section, the term "commercial activities" does not include handbills, leaflets, newspapers and similarly related materials as regulated in WAC 132R-136-070.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-055, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-136-060 Outside speakers.

The trustees, administration and the faculty of the college subscribe to the proposition that an important aspect of the education of college students is the opportunity to listen to speakers representing a wide variety of opinions and beliefs on important public issues. In conformity with the American tradition of free speech and free inquiry, the following policies are established governing the appearance on campus of speakers not themselves members of the college community.

(1) Any recognized ASB campus student organization may invite speakers on campus subject to the legal restraints imposed by the laws of the United States and the state of Washington.

(2) The appearance of an invited speaker on the campus does not represent an endorsement, either implicit or explicit, of his/her views by the college, its students, its faculty, its administration or its board.

(3) The scheduling of facilities for guest lecturers or invited speakers shall be made through the office of the vice president of instruction or the director of student programs, by the inviting instructor or campus student organization.

(4) The vice president of instruction or the director of student programs will be notified at least three days prior to the appearance of an invited speaker, at which time a proper form (available in the office of the vice president of instruction or director of student programs) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring instructor or organization advisor, and filed with the office of the vice president of instruction or the director of student programs. Exceptions to the three-day ruling may be made by either of the identified administrators.

(5) The vice president of instruction or the director of student programs may require a question period or arrange to have views other than those of the invited speakers represented at the meeting, or at a subsequent meeting. The president or his/her designee may assign faculty or staff to preside over any meeting where a speaker has been invited.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-060, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-136-070 Distribution of materials.

(1) Handbills, leaflets, newspaper and similar related matter may be sold or distributed free of charge by any student or students or by members of recognized student organizations or by college employees on or in college facilities at locations specifically designated by the vice president of student services or by his/her designee; provided such distribution or sale does not interfere with the ingress and egress of persons, or interfere with the free flow of vehicle or pedestrian traffic.

(2) Such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual.

(3) All nonstudents shall be required to register with the vice president of student services or with his/her designee prior to the distribution of any handbill, leaflet, newspaper or related matter. Nonstudents shall not be allowed to sell handbills, leaflets, newspapers or related matter on or in college facilities.

(4) The dissemination or distribution of materials by persons on public streets, walks and hallways of the campus shall be subject to the laws of the city of Moses Lake, Grant County, state of Washington and the United States of America.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-070, filed 7/14/03, effective 8/14/03.

Wash. Admin. Code § 132R-136-080 Posting of materials.

The college encourages free expression. Use of college facilities as provided herein, however, does not accord users the opportunity to post commercial solicitations, advertising or promotional materials without permission.

Permission for the posting of materials and literature on college property is not required in designated public posting areas on campus. The college has designated one bulletin board that is accessible during business hours to all employees and students, upon which any person who is lawfully on campus may post materials without prior approval. The location of this board is outside of the inside entrance to the campus bookstore and is labeled "Community Bulletin Board". Permission for the posting of materials or literature in the various restricted areas shall be obtained from the office of communications. Permission to post materials or literature does not accord users immunity from legal action that may occur from posting said material. Permission will be granted for a limited time period and the materials must be removed at the end of the approved period. It is understood that the office of communications shall not approve or disapprove of the content of the material.

Posting of posters, signs and other publicity or promotional materials is permitted only in specified locations. All materials sought to be posted in restricted posting areas must have the identity of its sponsorship appearing on its face and be stamped in approval from the office of communications. Any materials not carrying this stamp, will be removed.

History

Statutory Authority: RCW 28B.50.140. WSR 19-01-085, § 132R-136-080, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-136-080, filed 7/14/03, effective 8/14/03.

Chapter 132R-144 Bookstore operating procedures.

Wash. Admin. Code § 132R-144-010 Big Bend Community College bookstore operating procedures.

Big Bend Community College bookstore is operated for the support and use of students and staff of Big Bend Community College. Big Bend Community College bookstore may engage in the direct and online sale of goods and services to individuals, groups, or external agencies for fees only when those services or goods are directly and substantially related to the educational mission of the college as outlined in Big Bend Community College's business competition policy.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-144-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-144-010, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-144-010, filed 3/23/73.

Wash. Admin. Code § 132R-144-020 Return and refund policy.

(1) Defective merchandise may be returned within a reasonable time for replacement or refund at the discretion of the bookstore manager.

(2) Course materials may be returned for refund on specified dates as established and posted by the bookstore manager. The proper sales slip must be presented.

(3) Exceptions to the above are subject to the discretion of the bookstore manager.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-144-020, filed 7/14/03, effective 8/14/03
Order 73-4, § 132R-144-020, filed 3/23/73.

Wash. Admin. Code § 132R-144-030 Big Bend Community College bookstore credit policies.

The Big Bend Community College bookstore will not establish personal charge accounts or extend personal credit.

History

Order 73-4, § 132R-144-030, filed 3/23/73.

Wash. Admin. Code § 132R-144-040 Big Bend Community College bookstore pricing policies.

(1) The bookstore will supply books and supplies at the established retail rate.

(2) Complimentary copies of books will not be furnished to faculty.

(3) No discounts will be given to specific individuals.

History

Order 73-4, § 132R-144-040, filed 3/23/73.

Chapter 132R-150 Library policies.

Wash. Admin. Code § 132R-150-010 Big Bend Community College library.

The library at Big Bend Community College exists first and foremost to serve the students and faculty. It also serves the rest of the college community, the regional needs of eastern Washington and the general scholarly community. Use of the library may be denied to anyone for continuing abuse of library services and resources.

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-150-010, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-150-010, filed 3/23/73.

Wash. Admin. Code § 132R-150-020 Inspection.

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

History

Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-150-020, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-150-020, filed 3/23/73.

Wash. Admin. Code § 132R-150-040 Prohibited entry.

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

History

Order 73-4, § 132R-150-040, filed 3/23/73.

Wash. Admin. Code § 132R-150-050 Smoking.

Smoking is prohibited in all college buildings.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-150-050, filed 7/14/03, effective 8/14/03
Order 73-4, § 132R-150-050, filed 3/23/73.

Wash. Admin. Code § 132R-150-060 Gifts.

The library welcomes the donations of books and other library materials as well as money to be used for the library. Valuation of gifts for tax purposes will be based upon information available in the library and assessment of value incurs no liability of proof by the library. Gifts become library property when accepted and received, and their disposition is a library matter. The college through the board of trustees or their designee reserves the right to reject, refuse to accept, or return to the donor any gift made available to the Big Bend Community College library.

History

Order 73-4, § 132R-150-060, filed 3/23/73.

Wash. Admin. Code § 132R-150-070 Library borrowers.

Use of the library as part of a state public institution is the right of any resident of the state; however, borrowing privileges and other services may be limited in order to serve first the primary clientele of students and faculty. Use of the library may be denied to anyone for continuing abuse of library services and resources. Library materials may be circulated to the following:

(1) Regularly enrolled students either full time or part time.

(2) Faculty members including special categories such as visiting professors.

(3) Faculty members of public higher education institutions of Washington state.

(4) Administrative staff (civil service exempt).

(5) Civil service staff members.

(6) Spouses of faculty and staff members.

(7) Friends of library - life members.

(8) Trustees of Big Bend Community College.

(9) Libraries and individuals through libraries using interlibrary loans.

(10) School districts, colleges and other responsible agencies, groups and individuals may borrow films on a rental basis. Equipment may be rented if not needed on campus and not otherwise available in the area.

History

Order 73-4, § 132R-150-070, filed 3/23/73.

Wash. Admin. Code § 132R-150-080 Consumed supplies.

The library has the right to limit supplies consumed in the operation of equipment such as film, tape, and video tape. As required, users shall provide additional supplies at their own expense.

History

Order 73-4, § 132R-150-080, filed 3/23/73.

Chapter 132R-158 Residence housing policies.

Wash. Admin. Code § 132R-158-010 Resident housing policies.

In addition to the rules, regulations, and responsibilities as defined in the "Student Rights and Responsibilities" handbook, residence hall students are also subject to the rules and regulations as printed in both the residence hall handbook and the residence hall contract. Copies are available from the residence hall coordinator at Big Bend Community College.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-158-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-158-010, filed 12/26/89, effective 1/26/90
Order 73-4, § 132R-158-010, filed 3/23/73.

Chapter 132R-175 Public records.

Wash. Admin. Code § 132R-175-010 Authority and purpose.

(1) The purpose of this chapter is to establish procedures the Community College District No. 18 (also referred to herein as "the district") will follow to ensure compliance with the provisions of chapter 42.56 RCW, Public Records Act.

(2) Per RCW 42.56.070(1), the Community College District No. 18 makes available for inspection and copying nonexempt "public records" as described in these rules. A public record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by Community College District No. 18, regardless of physical form or characteristics.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-010, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-010, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-010, filed 5/4/73.

Wash. Admin. Code § 132R-175-030 Public records officer.

(1) Any person wishing to request access to public records of the district, or seeking assistance in making such a request should contact the district's public records officer, who shall manage all of the district's public records. Throughout this chapter, references to the public records officer shall mean the public records officer or his/her designee.

(2) Any person wishing to request access to public records of the district or seeking assistance in making such a request should contact the public records officer of the district at:

Public Records Officer

Big Bend Community College

7662 Chanute Street N.E.

Moses Lake, WA 98837

Phone: 509-793-2010

Fax: 509-762-6355

Email: publicrecords@bigbend.edu

(3) Information is also available at the Big Bend Community College website at http://www.bigbend.edu/information-center/public-information-request/.

(4) The public records officer and the district shall assist requestors, comply with the Public Records Act, and provide public records training and assistance to college employees.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-030, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-030, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-030, filed 5/4/73.

Wash. Admin. Code § 132R-175-070 Availability of public records.

(1) Public records shall be available for inspection and copying during the customary office hours of the district. For the purposes of this chapter, the customary office hours shall be from 7:30 a.m. to 5:00 p.m., Monday through Thursday and from 7:30 a.m. to 2:30 p.m. on Friday, excluding legal holidays.

(2) The district will maintain its records in a reasonably organized manner. The district will take reasonable actions to protect records from damage and disorganization. A requestor shall not take the district's records from the district's offices without the permission of the public records officer. If, in the judgment of the public records officer, there is a possibility of the destruction of the public record, the public records officer shall make a copy of the record available to the requestor.

(3) A variety of records are available on the Big Bend Community College website at www.bigbend.edu. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-070, filed 8/6/18, effective 9/6/18
Order 73-8, § 132R-175-070, filed 5/4/73.

Wash. Admin. Code § 132R-175-080 Requests for public records.

In accordance with requirements of chapter 42.56 RCW public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request to inspect or copy public records of the district should be made in writing upon a form prescribed by the district, or by letter, fax, or email addressed to the public records officer. The request form prescribed by the district is available at its administrative office and on Big Bend Community College's web page at http://www.bigbend.edu/information-center/public-information-request/. The request should be presented to the public records officer at the administrative office of the district during customary office hours. The request shall include the following information:

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

(b) The address of the person requesting the record;

(d) The date and time of day when the request was made;

(e) Adequate identification of the public records for the public records officer to locate the records;

(f) A verification that the records requested shall not be used to compile a commercial sales list;

(g) The format the requestor wants to receive the documents in, which should include whether the request is to inspect documents or purchase copies.

(2) The public records officer or designee may accept requests for public records that contain the information in this section by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-080, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-080, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-080, filed 5/4/73.

Wash. Admin. Code § 132R-175-085 Processing of public records requests.

(1) The public records officer will process requests in the order that allows the most requests to be processed in the most efficient manner. District employees who receive a request for public records shall immediately forward the request to the public records officer.

(2) Within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection and copying;

(b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available; or

(e) Deny the request.

(3) If the district does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.

(4) When a request for records in an electronic format is received, the public records officer will provide the nonexempt records or portion of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available or in a format that is reasonably translatable from the format in which the agency keeps the record.

(5) In the event that the requested records contain information that may affect the rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(6) Some records are exempt from disclosure, in whole or in part. If the district believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt, the public records officers will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(7) Inspection of records.

(a) Consistent with other demands, the district shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document.

(b) The requestor must claim or review the assembled records within thirty days of the district's notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements or the district may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(8) When the request is for a large number of records the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If within thirty days the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(9) When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the district has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

(10) When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the district has closed the request.

(11) If, after the district has informed the requestor that it has provided all available records, the district becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-085, filed 8/6/18, effective 9/6/18.

Wash. Admin. Code § 132R-175-090 Costs of providing copies of public records.

The college may charge a reasonable fee for providing public records in response to requests under chapter 42.56 RCW received on or after July 23, 2017.

(1) Pursuant to RCW 42.56.120 (2)(b), Big Bend Community College finds that it is unduly burdensome for the college to calculate the actual costs to provide records due to insufficient resources to conduct a comprehensive study to determine actual costs and the interruption of essential college business that would result from conducting such a comprehensive study.

(2) The college reserves the right to charge fees to the requestor in accordance with the amounts provided in RCW 42.56.120. The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.

(3) No fee shall be charged for the inspection of public records or locating public documents and making them available for copying, with the exception of the customized service charge allowed in RCW 42.56.120.

(4) The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.

(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The district will notify the requestor when payment is due.

(7) Payment should be made by check or money order to Big Bend Community College. The district prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.

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

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-090, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-090, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 78-02-017 (Order 3), § 132R-175-090, filed 1/11/78
Order 74-22, § 132R-175-090, filed 12/23/74
Order 73-8, § 132R-175-090, filed 5/4/73.

Wash. Admin. Code § 132R-175-100 Exemptions.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132R-175-080 is exempt under the provisions of chapter 42.56 RCW or any other law that exempts or prohibits disclosure. All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(2) In addition, pursuant to chapter 42.56 RCW, the district reserves the right to delete/redact portions of documents. If deletions/redactions are made they will be accompanied by a written statement specifying the reason for the deletion/redaction, including a statement of the specific exemption authorizing the deletion/redaction and a brief explanation of how the exemption applies to the information which is deleted/redacted.

(3) The district maintains a nonexclusive list of records that it considers exempt from disclosure on its public records website at http://www.bigbend.edu/information-center/public-information-request/.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-100, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-100, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-100, filed 5/4/73.

Wash. Admin. Code § 132R-175-110 Review of denials of public records requests.

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

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the president of the college. The president shall immediately consider the matter and either affirm or reverse such denial or call a special meeting of the board of trustees as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision, within two business days following the receipt of the petition, or within such other time as the district and the requestor mutually agree upon.

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

(4) Pursuant to RCW 42.56.530, if the district denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(5) Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-110, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-110, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-110, filed 5/4/73.

Wash. Admin. Code § 132R-175-130 Records index.

(1) The public records officer shall establish a central district index which shall be the district's master index to be coordinated with subsidiary indexes established in each major administrative area of the college, specifically:

(a) The office of the secretary to the board of trustees of the district (which is the office of the president of Big Bend Community College);

(b) The office of the president of Big Bend Community College;

(d) The office of the vice president for finance and administration.

(2) The district shall make available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since its inception:

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 18-17-027, § 132R-175-130, filed 8/6/18, effective 9/6/18. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-175-130, filed 7/14/03, effective 8/14/03
Order 73-8, § 132R-175-130, filed 5/4/73.

Chapter 132R-190 Implementation of the Family Educational Rights and Privacy Act of 1974.

Wash. Admin. Code § 132R-190-010 Purpose.

The purpose of this chapter is to implement 20 U.S.C. Sec. 1232g, the Family Educational Rights and Privacy Act of 1974 as amended, by establishing rules and procedures to ensure that information contained in student records is accurate and is handled in a responsible manner by the college and its employees. Further information on policies and procedures relative to student records is available in the student records section of the "Student Handbook."

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-010, filed 3/8/94, effective 4/8/94
WSR 90-02-019, § 132R-190-010, filed 12/26/89, effective 1/26/90
Order 76-9, § 132R-190-010, filed 3/9/76.

Wash. Admin. Code § 132R-190-020 Definitions.

The following definitions shall apply in interpreting these regulations:

(1) "Directory information" means information contained in a student's education record which is general in nature and does not constitute an invasion of privacy if disclosed. The college has designated directory information in WAC 132R-190-035.

(2) "Education records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by the college or a person acting for the college. The term does not include:

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

(b) If the personnel of a law enforcement unit do not have access to education records under this section, the records and documents of such law enforcement unit which are kept separate, are maintained solely for law enforcement purposes, and are not made available to persons other than law enforcement officials of the same jurisdiction.

(c) In the case of persons who are employed by the college but who are not in attendance at the college, 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 use for any other purpose.

(d) Records on a student attending the college, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and which are made or maintained, or used in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(3) "Student" means any individual who is or has been in attendance at Big Bend Community College and on whom educational records are maintained.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-020, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-020, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-020, filed 3/9/76.

Wash. Admin. Code § 132R-190-030 Right of inspection.

Any student shall have a right, subject to the procedural requirements outlined in WAC 132R-190-070 through 132R-190-090 of these regulations, to inspect any and all education records directly related to him or her that is intended for school use or that is available for parties outside the school. Education records will be made available to the student within fifteen working days after receipt of the request to inspect the records. Copies may be requested and shall be provided at a fee not to exceed the actual cost to the college of providing the copies.

The college reserves the right to refuse to permit a student to inspect and review the following education records:

(1) The financial statement of the student's parents.

(2) Confidential letters and statements of recommendation which were placed in the student's records before January 1, 1975, or for which the student has waived his or her right in writing to inspect and review and that are related to the student's admission, application for employment or job placement, or receipt of honors. Except that if these statements and letters have been used for any purpose other than that for which they were originally prepared, the student may inspect and review them. When a record contains personally identifiable information about more than one student, a student may inspect only that information which relates to him or her.

(3) Records connected with admission to the college, application for employment, and receipt of an honor or honorary recognition.

(4) Those records which are excluded from the definition of "education records" in WAC 132R-190-020(2).

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-030, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-030, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-030, filed 3/9/76.

Wash. Admin. Code § 132R-190-035 Availability of directory information.

The following personally identifiable information contained in a student's education record shall be deemed "directory information" and unless restricted by the student may be disclosed without a student's prior written consent: Student's name, major field of study, participation in officially recognized sports, enrollment status, dates of attendance, honors, degrees or certificates earned, and term degree or certificate awarded. The college will give public notice to students annually of the matters contained in the above-designated "directory information." Each student will have ten days from the day of registration to decide if he or she wishes to have directory information released without written consent.

History

Statutory Authority: RCW 28B.50.140. WSR 21-22-108, § 132R-190-035, filed 11/2/21, effective 12/3/21. Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-035, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-035, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-035, filed 3/9/76.

Wash. Admin. Code § 132R-190-040 Access permitted to college and certain other officials without consent.

(1) The following persons, individuals, agencies, or organizations shall be entitled to access to official education records of any student subject to the limitations outlined in subsection (2) of this section, without prior written consent of the student:

(a) College officials, including administrators, faculty, instructors and staff who have a legitimate educational interest within the performance of their responsibilities to the college;

(b) Officials of other colleges, schools, or school systems, upon the condition that the student is notified of the transfer and receives a copy of the record if he or she desires it and has the opportunity to challenge the content of the record, per the procedures outlined in WAC 132R-190-100;

(c) Authorized representatives of the Comptroller General of the United States, the Secretary, an administrative head of an education agency, or state and local educational authorities. State and local officials, organizations conducting studies for educational agencies or institutions provided, that except when collection of personally identifiable data is specifically authorized by federal law, any data collected by these representatives with respect to individual students shall not include information which permit the personal identification of such students;

(d) Lending institutions receiving applications from students or granting to students financial aid, and individual organizations or institutions that provide scholarships to any applicant student when such organizations or individuals make requests for students' education records in connection with a student's application for, or receipt of, financial aid;

(e) Accrediting organizations to carry out their accrediting functions;

(f) Parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954;

(g) Appropriate parties in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

(2) The college shall maintain a record, kept with the education records of each student, indicating all agencies or organizations which have requested or obtained access to the student's education records. The custodian of the records shall indicate specifically the legitimate interest each such agency or organization has in obtaining this information. The record may be reviewed by the student.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-040, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-040, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-040, filed 3/9/76.

Wash. Admin. Code § 132R-190-050 Distribution of information to others.

The college shall not furnish any personally identifiable information contained in education records directly related to a student to any person, agency, or organization other than those designated in WAC 132R-190-040, unless a written consent from the student is obtained. The college may furnish such information without the consent of the student if it is furnished in compliance with a judicial order, or pursuant to any lawfully issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of the compliance therewith unless the court or other issuing agency orders the college not to notify the student before compliance with the subpoena. The written consent should specifically identify the records to be released, the reason for the release and to whom the records are to be released. The college president, the president's designee, or office(s) receiving a subpoena should immediately notify the attorney general.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-050, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-050, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-050, filed 3/9/76.

Wash. Admin. Code § 132R-190-060 Notice of rights given under Family Educational Rights and Privacy Act.

The college shall annually notify students currently in attendance of their rights under this chapter and the Family Educational Rights and Privacy Act. This notification shall be provided through the college catalog and student handbook and may be included in such other publications and media as the college deems appropriate.

History

Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-060, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-060, filed 3/9/76.

Wash. Admin. Code § 132R-190-070 Requests for access to student records.

Personally identifiable information regarding a student will only be furnished to persons making a written request and providing to the custodian of the records information sufficient to identify the requesting party as a person who has a right to access such records.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-070, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-070, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-070, filed 3/9/76.

Wash. Admin. Code § 132R-190-080 Determination regarding records.

The college reserves the right to determine that a record regarding a student is not an education record or material defined in WAC 132R-190-020. A determination that personally identifiable information was properly given to an authorized agency per WAC 132R-190-040 will be made by the college. Such written determinations may be made in consultation with any of the records officers of the college as designated in chapter 132R-175 WAC.

History

Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-080, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-080, filed 3/9/76.

Wash. Admin. Code § 132R-190-090 Challenges—To content of records—To release of records—Or to denial of access to records.

(1) Any student who believes that inaccurate, misleading, or otherwise inappropriate data is contained within his or her education records shall be permitted to have included within the record a written explanation by the student concerning the content of the records.

(2) A student shall have the right, in accordance with the procedures set forth in WAC 132R-190-100, to:

(a) Challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student;

(b) Have the opportunity to correct or delete inaccurate, misleading, or otherwise inappropriate data contained within education records;

(d) Challenge a decision by the college to deny the student access to particular types of records.

(3) A student shall not be permitted under this chapter to challenge the validity of grades given in academic courses, except on the grounds that, as a result of clerical error, the student's records fail to accurately reflect the grades actually assigned by an instructor.

History

Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-090, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-090, filed 3/9/76.

Wash. Admin. Code § 132R-190-100 Procedure for challenges.

(1) A student wishing to exercise the rights set forth in WAC 132R-190-090 shall first discuss with the dean of enrollment services the nature of the corrective action sought by the student.

(2) If the informal proceedings required in subsection (1) of this section fail to resolve the student's challenge, the student may file with the public records officer provided for in chapter 132R-175 WAC a written request for a hearing (brief adjudicative proceeding pursuant to chapter 132R-02 WAC).

(3) Within a reasonable time after submission of a request for hearing, the president or his or her designee will appoint a hearing officer. The hearing officer may not have a direct interest in the outcome of the hearing.

(a) The hearing officer shall conduct a hearing concerning the student's request for corrective action within a reasonable time and shall reasonably in advance of the hearing notify the student of the date, time and place of the hearing.

(b) The student may, at his or her expense, be represented by one or more individuals of his or her choice at the hearing.

(c) The student and the college shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request for the hearing. A record shall be made of the hearing by means satisfactory to the college.

(d) Within ten days of the completion of the hearing, the hearing officer shall provide the parties with a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision. The decision shall be binding upon the college and the student.

(4) If the education records are held to be accurate, or not misleading or in violation of the student's right of privacy, the college will notify the student of his or her right to place in the record a statement commenting on the challenged information and/or a statement setting forth the reasons for disagreeing with the decision. Such statement will be maintained as part of the student's education records as long as the contested portion is maintained and must be disclosed if the college discloses the contested portion of the record.

(5) If information in the education record is held to be inaccurate, misleading, or in violation of the student's right of privacy, the college will amend the record and so notify the student in writing.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-100, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-100, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-100, filed 3/9/76.

Wash. Admin. Code § 132R-190-110 Disciplinary records.

Disciplinary records shall be kept separate and apart from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action. The vice president of student services office shall keep records of all disciplinary cases, which shall be recorded on the official records of the students. Special precautions shall be exercised to ensure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provisions shall be made for periodic review and routine destruction of inactive disciplinary records by offices maintaining such records. However, the results of any disciplinary proceeding, concerning a crime of violence as defined by 18 U.S.C. Sec. 16 may be released to an alleged victim of that crime.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-190-110, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 94-07-019, § 132R-190-110, filed 3/8/94, effective 4/8/94
Order 76-9, § 132R-190-110, filed 3/9/76.

Chapter 132R-200 Policy on personnel files.

Wash. Admin. Code § 132R-200-010 Policy on personnel files.

Big Bend Community College shall maintain one personnel file for each employee. This file shall be in the college's human resource office. No other personnel file shall be maintained by any other officer or administrator of the college. This shall not preclude the maintenance of all lawful payroll records by the payroll office nor maintenance of other essential records by appropriate personnel for the operation of the institution.

History

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. WSR 03-15-063, § 132R-200-010, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.50.140. WSR 90-02-019, § 132R-200-010, filed 12/26/89, effective 1/26/90
Order 76-30, § 132R-200-010, filed 12/23/76.

Wash. Admin. Code § 132R-200-020 Right to examine and place material in file.

Each academic employee shall have the right to review the entire contents of his/her personnel file. An association representative or the academic employee's attorney may accompany such employee upon his/her request to review his personnel file. An academic employee shall have the right to answer in writing any complaints in his/her file and attach such answer(s) to the complaint(s). He/she shall also have the right to attach any other relevant supporting statement(s) or affidavit(s).

History

Order 76-30, § 132R-200-020, filed 12/23/76.