Title 132y WAC — Edmonds College

Chapter 132Y-20 Tuition and fees.

Wash. Admin. Code § 132Y-20-010 Tuition and fees refund rule.

A refund of tuition and fees is made only when a student officially withdraws from a class. Date of receipt of the withdrawal form in the registration office establishes the rate at which refunds will be made. The tuition and fees (full general fees, operating fees, and service and activities fees) will be refunded on a 100 percent, 50 percent, or no-refund level, according to the schedule set forth below:

(1) 100% refund of all tuition and fees for withdrawal during the first five instructional days of the quarter.

(2) 50% refund of all tuition and fees for withdrawal during the first thirty calendar days of the quarter.

(3) No refund of tuition and fees after the first thirty calendar days of the quarter.

(4) Tuition and fee refunds on classes which begin at any time other than the first week of the quarter will be made:

(a) 100% before the class begins.

(b) 50% during the first 30% of the class meeting time providing this time does not exceed thirty calendar days.

(5) Fees charged for community service, seminars, or other self-supporting courses will be refunded only if withdrawal occurs before the beginning of the class.

(6) No refund of tuition and fees may be made for any purpose beyond the current quarter.

Refund forms and withdrawal forms may be obtained in the admissions and registration office. A refund on a cancelled class is not automatic. The same refund procedure must be followed. Refunds for cancelled classes will be at 100 percent.

History

Statutory Authority: RCW 28B.15.600. WSR 81-17-041 (Resolution No. 81-8-2), § 132Y-20-010, filed 8/14/81.

Chapter 132Y-100 Traffic rules.

Wash. Admin. Code § 132Y-100-001 Purpose for adopting rules.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District 23 is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district. The rules contained in this chapter are established for the following purposes:

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

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

(3) To minimize traffic disturbances during class hours; and

(4) To facilitate the work of the college by assuring access for its vehicles; and

(5) To make the most efficient use of limited parking space.

History

Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-001, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-001, filed 8/14/81.

Wash. Admin. Code § 132Y-100-003 Definitions.

For the purpose of this chapter, the following terms and definitions shall apply:

(1) Board: The board of trustees of Edmonds College, state of Washington.

(2) Campus: Any or all real property owned, operated, controlled, or maintained by Edmonds College.

(3) Carpool: Any group of two or more faculty, staff or students who commute to the college in the same vehicle.

(4) College: Edmonds College or any additional community college hereafter established with Edmonds College, an agency of the state of Washington, and collectively, those responsible for its control and operations.

(5) Faculty members: Any employee of Edmonds College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience, and responsibilities are comparable as determined by the appointing authority, including administrative appointment.

(6) Foot propelled device: Wheeled devices including, but not limited to, skateboards, roller skates, roller blades, etc., designed or used for recreation and/or transportation purposes.

(7) Security office: The office designated for the safety, security and emergency preparedness department operations.

(8) Security officers: Employees of the college accountable to the senior college security authority and responsible for campus safety, security, parking, traffic control, and emergency response and recovery.

(9) Staff: The administrative and classified members employed by the college.

(10) Student: Any person enrolled in the college.

(11) Vehicle: A motorized automobile, truck, or motorcycle.

(12) Visitor(s): Person(s) who come on campus as guest(s) or person(s) who lawfully visit the campus for purposes in keeping with the college's role as an institution of higher learning in the state of Washington that are neither employees nor registered students of the institution.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-003, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-003, filed 7/24/07, effective 8/24/07.

Wash. Admin. Code § 132Y-100-004 Applicable traffic rules.

The traffic rules which are applicable upon state lands devoted mainly to the educational activities of Edmonds College are as follows:

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

(2) The traffic code of Lynnwood, Washington, and Snohomish County; and

(3) Rules set forth in chapter 132Y-100 WAC.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-004, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-004, filed 8/14/81.

Wash. Admin. Code § 132Y-100-008 Permits required for all vehicles parked on campus.

Except as provided in WAC 132Y-100-012 and 132Y-100-052 no person shall leave any vehicle unattended on the college campus without a permit issued by the college.

Permits shall not be utilized by any person except by the person to whom the permit is registered. Outstanding parking fines must be paid before a parking permit may be issued or renewed.

Parking permits are transferable from vehicle to vehicle when used by the permit holder.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-008, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-008, filed 7/24/07, effective 8/24/07
WSR 92-09-055, § 132Y-100-008, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 85-18-010 (Resolution No. 85-8-2), § 132Y-100-008, filed 8/23/85
WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-008, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-008, filed 8/14/81.

Wash. Admin. Code § 132Y-100-012 Permit parking on campus.

There are three categories of valid permits:

(1) A temporary permit authorized by the college and displayed in accordance with instructions;

(2) A current vehicle permit issued by the college and displayed on the vehicle in accordance with instructions; or

(3) A special permit issued by the senior college security authority or their designee and displayed on the vehicle in accordance with instructions. The special permit allows for parking in any legal parking spot. This permit is meant to be limited to those who need immediate access for college business that cannot be met by other means.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-012, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-012, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-012, filed 8/14/81.

Wash. Admin. Code § 132Y-100-024 Right to refuse permit.

The college reserves the right to refuse the issuance of a parking permit, or to revoke any permit at any time, if actions resulting from such application or permission constitute present or imminent danger or unlawful activity, or if a prospective user has previously violated the provisions of these parking policies or other written rules or regulations of the college.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-024, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-024, filed 8/14/81.

Wash. Admin. Code § 132Y-100-028 Issuance of permits.

All permits are issued by the security office or their designees. Permit procedures and requirements can be found at www.edcc.edu/safety. Presentation of valid college identification is required to be issued a current vehicle permit.

Temporary visitor parking permits are coordinated through the security office or their designees. A special permit is issued by the senior college security authority or their designee.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-028, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-028, filed 7/24/07, effective 8/24/07
WSR 92-09-055, § 132Y-100-028, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-028, filed 8/14/81.

Wash. Admin. Code § 132Y-100-032 Display of permits.

All parking permits shall be displayed as provided in the directions supplied with the parking permit. Permits not displayed in accordance with the provisions of this section shall not be valid.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-032, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-032, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-032, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-032, filed 8/14/81.

Wash. Admin. Code § 132Y-100-052 Parking permit exceptions.

Parking permit rules shall not apply to city, county, state, or federally owned and exempt licensed vehicles.

History

Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-052, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-052, filed 8/14/81.

Wash. Admin. Code § 132Y-100-066 Carpool parking permit.

Carpool permits are available to faculty, staff and students who qualify under college policy. College policies and procedures are available at edcc.edu/policies.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-066, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-066, filed 7/24/07, effective 8/24/07
WSR 92-09-055, § 132Y-100-066, filed 4/13/92, effective 5/14/92.

Wash. Admin. Code § 132Y-100-072 Disabled parking.

No vehicle shall park in a space designated for disabled persons without a current, valid, state issued disability permit. Enforcement of disability parking is accomplished by either the college, the police department, or the city of Lynnwood.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-072, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 92-09-055, § 132Y-100-072, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-072, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-072, filed 8/14/81.

Wash. Admin. Code § 132Y-100-076 Inoperative and abandoned vehicles.

Inoperative or abandoned vehicles may not be parked on the campus without permission from the senior college security authority or their designee. Vehicles parked in excess of forty-eight hours will be impounded and stored at the expense of the owner.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-076, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-076, filed 8/14/81.

Wash. Admin. Code § 132Y-100-080 Regulatory signs and directions.

Edmonds College will erect and place signs, barricades, and other structures and paint marks and other directions upon the streets and roadways for the regulation of traffic and parking upon state lands devoted mainly to the educational or research activities of Edmonds College. Such signs, barricades, structures, markings, and directions shall be so made and placed as to be legible and in the opinion of the college president or their designee will best effectuate the objectives stated in WAC 132Y-100-001.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-080, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-080, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-080, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-080, filed 8/14/81.

Wash. Admin. Code § 132Y-100-084 Speed.

No vehicle shall be operated on designated campus roadways or parking lots at a speed in excess of ten miles per hour, or the posted speed limit. No vehicle of any type shall at any time use the campus and/or lands devoted to educational, research, recreational, or parking for Edmonds College for any unlawful activities.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-084, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-084, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-084, filed 8/14/81.

Wash. Admin. Code § 132Y-100-088 Pedestrian's right of way.

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

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

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

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-088, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-088, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-088, filed 8/14/81.

Wash. Admin. Code § 132Y-100-092 Report of accident.

The operator of any vehicle involved in an accident on campus shall within twenty-four hours report such accident to the campus security office. This does not relieve any person so involved in an accident from their responsibility to file a State of Washington Vehicle Accident Report (SF137) within twenty-four hours after such accident.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-092, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-092, filed 8/14/81.

Wash. Admin. Code § 132Y-100-096 Special traffic/parking rules.

During special occasions or emergencies, that cause additional and/or heavy traffic, the senior college security authority is authorized to impose additional traffic and parking regulations to achieve the specified objectives of this chapter.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-096, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-096, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-096, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-096, filed 8/14/81.

Wash. Admin. Code § 132Y-100-100 Enforcement of parking and traffic rules and regulations.

The senior college security authority, or their designee, is responsible for parking and traffic policies, procedures, and management of the same, on all college property, or college controlled properties.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-100, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-100, filed 7/24/07, effective 8/24/07
WSR 92-09-055, § 132Y-100-100, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-100, filed 8/14/81.

Wash. Admin. Code § 132Y-100-106 Fines, penalties and impounding.

(1) The current schedule of fines shall be published by the college and made available for review in the security office and is also available on the college's website at www.edcc.edu/safety.

(2) In addition to imposing fines, the senior college security authority and duly appointed security officers are authorized to issue citations, impound, immobilize, and take to such place of storage as the senior college security authority selects, any vehicles parked on college property in violation of these regulations. The expenses of such impounding, immobilization, and storage shall be charged to the owner/operator of the vehicle and must be paid prior to the vehicle's release.

(a) The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization, or storage.

(b) Impoundment of a vehicle does not remove the obligation for any fines associated with the violation itself.

(d) Grounds for impounding vehicles shall include, but not be limited to, the following:

(i) Blocking a roadway so as to impede the flow of traffic;

(ii) Blocking a walkway so as to impede the flow of pedestrian traffic;

(iii) Blocking a fire hydrant or fire lane;

(iv) Creating a safety hazard;

(v) Blocking another legally parked vehicle; or

(vi) Parking in a marked tow-away and/or load/unload zones.

(3) All fines must be paid within twenty calendar days from the date of the citation. All fines are payable as designated on the citation.

(a) If any citation remains unpaid after twenty calendar days from the date of the citation, the following action may be taken by Edmonds College:

(i) Faculty, students, and staff may be denied future parking privileges.

(ii) Students may be referred to student conduct for unpaid citations.

(iii) Employees may be referred for discipline to supervisor and/or HR.

(b) An accumulation of parking and/or traffic tickets that are not responded to and resolved, by payment or appeal, may be sent to collections after such notification is provided to the registered owner of the vehicle cited.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-106, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-106, filed 7/24/07, effective 8/24/07.

Wash. Admin. Code § 132Y-100-108 Appeal of fines and penalties.

Appeal of fines and penalties must be made in writing as outlined in college policy. College policies and procedures are available at www.edcc.edu/policies.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-108, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-108, filed 7/24/07, effective 8/24/07. Statutory Authority: RCW 28B.50.140(10). WSR 83-22-053 (Resolution No. 83-10-2), § 132Y-100-108, filed 11/1/83
WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-108, filed 8/14/81.

Wash. Admin. Code § 132Y-100-114 Parking of trailers, campers, and similar purpose vehicles on campus.

It is unlawful for any individual, firm or corporation to park any type of vehicle on the grounds of Edmonds College for the purpose of using such a vehicle as a living unit. Any exception must be submitted in writing and approved by the senior college security authority.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-114, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-114, filed 7/24/07, effective 8/24/07.

Wash. Admin. Code § 132Y-100-115 Damage to state property.

The cost of repair/replacement of college property damaged by negligent operations, or as the result of indiscriminate acts, must be paid in addition to assessed fines.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-115, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-115, filed 7/24/07, effective 8/24/07.

Wash. Admin. Code § 132Y-100-116 Prohibition of literature on vehicles.

Distribution of literature by placement on motor vehicles parked on Edmonds College campus is hereby prohibited. Literature includes but is not limited to:

(1) Pamphlets;

(2) Flyers; and/or

(3) Stickers.

History

Statutory Authority: RCW 28B.50.140(7), (10). WSR 20-19-058, § 132Y-100-116, filed 9/11/20, effective 10/12/20. Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-116, filed 7/24/07, effective 8/24/07
WSR 92-09-055, § 132Y-100-116, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-116, filed 8/14/81.

Wash. Admin. Code § 132Y-100-118 Liability of college.

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

History

Statutory Authority: RCW 28B.50.140. WSR 07-16-039, § 132Y-100-118, filed 7/24/07, effective 8/24/07.

Wash. Admin. Code § 132Y-100-120 Severability.

If any provision of chapter 132Y-100 WAC is adjudged by a court to be contrary to law, the remaining provisions of chapter 132Y-100 WAC shall continue in effect.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-055, § 132Y-100-120, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). WSR 81-17-042 (Resolution No. 81-8-1), § 132Y-100-120, filed 8/14/81.

Chapter 132Y-108 Practice and procedure.

Wash. Admin. Code § 132Y-108-010 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found 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 previously adopted by this institution, the model rules prevail.

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-010, filed 3/28/90, effective 4/28/90.

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

The president or president's designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, 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 34.05.250. WSR 90-08-022, § 132Y-108-020, filed 3/28/90, effective 4/28/90.

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

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

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-030, filed 3/28/90, effective 4/28/90.

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

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

20000 68th Avenue West

Lynnwood, WA 98036

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 34.05.250. WSR 90-08-022, § 132Y-108-040, filed 3/28/90, effective 4/28/90.

Wash. Admin. Code § 132Y-108-050 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.

(2) Challenges to contents of education records.

(3) Student conduct proceedings.

(4) Parking violations.

(5) Outstanding debts owed by students or employees.

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

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-050, filed 3/28/90, effective 4/28/90.

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

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

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-060, filed 3/28/90, effective 4/28/90.

Wash. Admin. Code § 132Y-108-070 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 therefore in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-070, filed 3/28/90, effective 4/28/90

Wash. Admin. Code § 132Y-108-080 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 132Y-108-010, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 34.05.250. WSR 90-08-022, § 132Y-108-080, filed 3/28/90, effective 4/28/90

Chapter 132Y-125 Student code of conduct—Hearing procedures.

Wash. Admin. Code § 132Y-125-001 Student code of conduct.

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

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

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

(a) Academic freedom.

(i) 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.

(ii) 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).

(iii) 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.

(iv) 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.

(b) Due process.

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

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

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

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

(a) Academic dishonesty. Any act of academic dishonesty including, but not limited to:

(i) Cheating: Includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment, intentional use or attempted use of unauthorized material, information, or study aids, misrepresentation of invention or any information such as falsifying research, inventing or exaggerating data, or listing incorrect or fictitious references.

(ii) Plagiarism including, but not limited to, presenting or submitting another person's, entities', and/or sources' ideas, words, or other works in an instructional course without assigning proper credit.

(iii) Unauthorized collaboration including, but not limited to, intentionally sharing or working together in an academic exercise when such actions are not approved by the course instructor.

(iv) Academic dishonesty including, but not limited to, presenting or submitting in an instructional course either information that is known to be false (while concealing that falsity) or work that is substantially the same as that previously submitted in another course (without the current instructor's approval).

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

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

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

(iii) Knowingly furnishing false information, or failing to furnish accurate and honest information, in response to the request or requirement of a college officer or employee.

(c) Obstruction or disruptive conduct. Conduct, not otherwise protected by law, that interferes with, impedes, or otherwise hinders:

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

(ii) Any operation of the college, including the infringement on the rights of another member(s) of the college community; or

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

(d) Assault, intimidation, harassment. Unwanted touching, assault, battery, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, stalking, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property. For purposes of this subsection:

(i) Bullying is defined as repeated or aggressive unwanted behavior, not otherwise protected by law that intentionally humiliates, harms, or intimidates the victim.

(ii) Stalking is defined as 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.

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

(f) Property violation. Attempted or actual damage to, or theft or misuse of, real or personal property, or money of:

(i) The college or state;

(ii) Any student, college official, employee, or college affiliated or sponsored organization; or

(iii) Any other member of the college community, or organization; or

(iv) Possession of such property or money after it has been stolen.

(g) Failure to comply with directive. Failure to comply with the direction of a college official or employee who is acting in the legitimate performance of their duties, including refusal to properly identify oneself to such a person when requested to do so.

(h) 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 in writing by the president or designee.

(i) Hazing. Hazing includes, but is not limited to, any initiation into or affiliation with a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.

(j) Tobacco violation. Violation of the college's Tobacco and Smoke-Free Policy HR 8.0.

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

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

(m) Drugs. The use, possession, delivery, sale, or being observably under the influence of any legend drug, 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.

(n) Lewd conduct. Conduct which is lewd, or obscene.

(o) Discrimination. Conduct which harms or adversely affects any member of the college community because of their race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy, marital status; age (40+); religion; creed; genetic information; sexual orientation; gender identity and expression; veteran's status; any other legally protected classification; or any violation of the college's nondiscrimination policy.

(p) 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 132Y-125-130. (prohibited conduct under Title IX).

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

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

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

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

(iii) 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.

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

(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, as an ancestor, descendant, brother, or sister or either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen.

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

(E) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim, 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 the person's act under the domestic or family violence laws of the state of Washington, RCW 26.50.010.

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

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

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

(aa) The length of the relationship;

(bb) The type of relationship; and

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

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

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

(II) Suffer substantial emotional distress.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ix) Failure to comply with the college's regulation on appropriate use of college information technology resources or the electronic use policies as established by the college.

(t) 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.

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

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

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

(i) Falsification or misrepresentation of information;

(ii) Disruption, or interference with the orderly conduct of a proceeding;

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

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

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

(vi) Failure to comply with any disciplinary sanction(s) imposed under Edmonds College's student conduct code.

(x) Ethical violation. The breach of any generally recognized and/or 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 program.

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 investigation or prosecution.

(4) Sanctions. Disciplinary actions include, but are not limited to, the following sanctions that may be imposed upon students according to the student code of conduct hearing procedures.

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

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

(c) Probation. Formal action placing specific conditions and restrictions upon the student's continued attendance and/or enrollment, and/or participation in college programs or activities, 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 and/or enrollment at the college.

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

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

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

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

(b) Professional evaluation. Referral for drug, alcohol, psychological or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as approved 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. A student may not return to campus if the evaluation indicates that the student is not capable of functioning within the college community, or if the evaluation lacks information for the college to make reasonable accommodations, or until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

(c) No contact/trespass order. An order directing a student to have no contact with a specified student, college employee, a member of the college community, or a particular college facility for a stated period of time.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-001, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-001, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-005 Statement of jurisdiction.

(1) The student conduct code shall apply to student conduct that occurs:

(a) On college premises;

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

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

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

(3) Students are responsible for their conduct from the time of application for admission through the actual receipt of a 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. 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 that occurs off-campus.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-005, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-005, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-010 Definitions.

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

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

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

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

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

(5) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of ten instructional days or an expulsion are heard by the student conduct appeals board. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.

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

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

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

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

(7) "President" is the president of Edmonds Community College. The president is authorized to delegate any of their responsibilities as set forth in this chapter, and as may be reasonably necessary; and reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary.

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

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

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

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

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

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

(11) "Student" includes all persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for 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."

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

(13) "Sexual misconduct" has the meaning ascribed to this term in WAC 132Y-125-001.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-010, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-010, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-015 Initiation of disciplinary action.

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

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

(3) Within ten days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting his or her 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.

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

(a) Exonerate the respondent and terminate the proceedings; or

(b) Impose a disciplinary sanction(s), as described in WAC 132Y-125-001 (4) and (5).

(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.

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-015, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-015, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-020 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 twenty-one days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

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

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

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

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

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

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

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

(b) Dismissals; and

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

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

(a) Suspensions of ten instructional days or less;

(b) Probation;

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-020, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-020, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-025 Brief adjudicative proceedings—Initial hearing.

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-025, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-025, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-030 Brief adjudicative proceedings—Review of an initial decision.

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-030, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-030, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-035 Student conduct committee.

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

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

(b) Two faculty members appointed by the president;

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-035, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-040 Appeal—Student conduct committee.

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

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

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

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

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

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

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

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

(7) The student conduct officer, upon request, shall provide reasonable assistance to the respondent 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 his/her choice. A respondent may elect to be represented by an attorney at his or her 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 is represented by an attorney, the student conduct officer may also be represented by a second appropriately screened assistant attorney general.

History

Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-040, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-045 Student conduct committee hearings—Presentations of evidence.

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

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

(b) Serve 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 he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. The chair shall assure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by any party. Other recording shall also be permitted, in accordance with WAC 10-08-190.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-045, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-050 Student conduct committee—Initial decision.

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-050, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-055 Appeal from student conduct committee initial decision.

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

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

(3) The president shall provide a written decision to all parties within forty-five days after receipt of the notice of appeal. The president's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

(4) 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) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-055, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-060 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 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 oral or written notice of the summary suspension. If oral notice is given, a written notification shall be served on the respondent within two business days of the oral notice.

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

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

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

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that 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 conduct review officer, or to attend a disciplinary hearing.

(5) If the respondent chooses to appeal the summary suspension, the conduct review officer shall conduct a hearing on the summary suspension as soon as practicable after imposition of the summary suspension.

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

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

(c) If 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;

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-060, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-2. WSR 15-12-068, § 132Y-125-060, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-125-125 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 Edmonds College's standard disciplinary procedures, WAC 132Y-125-005 through 132Y-125-060, these supplemental procedures shall take precedence.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-125, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-130 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, Edmonds College may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."

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

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

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-130, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-135 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 Edmonds 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 Edmonds College from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the Edmonds College's student conduct code, WAC 132Y-125-001.

(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, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-135, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-140 Initiation of discipline.

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

(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);

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-140, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-145 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 132Y-125-040. In no event will the hearing date be set less than ten days after the Title IX coordinator provided the final investigation report to the parties.

(2) A party may choose 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 Edmonds College intends to offer the evidence at the hearing.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-145, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-150 Rights of parties.

(1) Edmonds College's student conduct procedures, WAC 132Y-125-040, 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 Edmonds College's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-150, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-155 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) Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

(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: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-155, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-160 Initial order.

(1) In addition to complying with WAC 132Y-125-050, the student conduct committee will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-160, filed 11/20/20, effective 12/21/20.

Wash. Admin. Code § 132Y-125-165 Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the same procedures and time frames set forth in WAC 132Y-125-055.

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-125-165, filed 11/20/20, effective 12/21/20.

Chapter 132Y-126 Student records.

Wash. Admin. Code § 132Y-126-001 Purpose.

These rules are designed to implement and be considered with the Family Educational Rights and Privacy Act of 1974. Definitions for all terms are the same as those defined in 45 Code of Federal Register, Section 99.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-001, filed 12/20/83.

Wash. Admin. Code § 132Y-126-002 Release of information.

(1) Requests from outside the college.

(a) Unless the student specifically requests otherwise, designated officials of the college may routinely respond to requests for the following directory information about a student:

(i) Student's name, address

(ii) Telephone number

(iii) Date and place of birth

(iv) Major field of study

(v) Extra curricular activities

(vi) Height and weight of athletic team members

(vii) Dates of attendance

(viii) Degrees and awards received

(ix) Other institutions attended

(x) Veterans status

(b) All rights of inspection and review of educational records at the college and consent required for release of these records are accorded only to and required only of the student in question. A parent wishing to obtain information from these educational records or to grant consent for the release of these records without consent of the student must submit an affidavit stating that the student is a dependent for income tax purposes.

(c) Standard admission and placement test data regarding individual tests required to form a basis for a decision about an individual may be provided at the discretion of the college official with the data in response to a proper request from an institution of higher education.

(d) Designated officials of the college may disclose personally identifiable information from the educational records of a student without the written consent of the student if the disclosure is in connection with financial aid for which a student has applied or which a student has received: Provided, That personally identifiable information from the educational records of the student may be disclosed only as may be necessary for such purposes as:

(i) To determine the eligibility of the student for financial aid

(ii) To determine the amount of the financial aid

(iii) To determine the conditions which will be imposed regarding the financial aid

(iv) To enforce the terms or conditions of the financial aid, or if it is to comply with a judicial order or lawfully issued subpoena: Provided, That a reasonable effort has been made to notify the eligible student of the order or subpoena in advance of compliance therewith.

(e) Information obtained during professional medical and psychological treatment or counseling will be released by the professional only in accordance with the ethics of his profession, provided that the records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(2) Requests from inside the college. Where required from the performance of responsibilities to the college, faculty and staff may obtain the following information on the basis of need to know without the consent of the student involved:

(a) Academic record and status.

(b) Reports of academic and other campus misconduct, including disciplinary action.

(d) National origin and ethnic background.

(e) Standard test data regarding individual tests for decision about an individual.

(f) Student-produced paper for class assignments.

(g) Financial information including delinquencies, etc.

(h) Evaluative materials about a student, with the consent of the author of the evaluation.

(i) College disciplinary and investigating authorities may have access to all of the information in (a) through (h) above if it is required in the performance of their duties, excepting national origin and ethnic background.

(j) Recognized college student organizations, such as scholastic and service honoraries, may obtain information relating to a student's academic record and status.

Except as noted above, records and reference materials containing evaluations of students may be released only with the consent of both the student and author of the evaluation.

(k) In special circumstances, qualified research personnel may be permitted access to information contained in a student's records where the student's name will not accompany the data.

(l) Registration office records may be obtained by submitting a written and signed request for the desired information and the purpose for which the information is needed, except as noted below.

(i) The following offices will have walk-in access to all registration office records except transcripts.

Veterans

Financial aid

Cashiers

(ii) Supervisors of employees of the above offices must ensure that anyone using registration records understands the Privacy Act of 1974 and follows its requirements.

(iii) Records pulled by employees of the above offices will not leave the office except to be copied and must be immediately returned when removed for copying. These records will be returned to the appropriate refile bin for refiling by registration personnel.

(iv) When copies of transcripts are needed by the above offices for the performance of official duties of the college, they may be obtained by submitting the name and student I.D. for those records needed.

(v) Other offices needing address and telephone numbers of currently enrolled students in order to perform official duties of the college may use the quarterly class list. They should contact the telephone/information person immediately inside the door of the registration office. Offices sending students to use these records must send a note identifying the student and the information needed. The supervisor of the requesting office is responsible for observance of the Privacy Act of 1974.

(3) Request from students. Requests by a student to view or secure copies of any of his educational records will be processed as follows:

(a) Through the records division of the registration office

(i) Application for admission

(ii) High school and/or college transcripts

(iii) Standardized test scores—ACT, SAT WPCT

(iv) Quarterly registration forms and receipts

(v) Program change forms

(vi) Quarterly grade reports

(vii) Official college transcripts

(viii) Change of grade forms

(ix) Directory information

(b) Through the counseling office

(i) Interest and aptitude test scores

(i) Disciplinary records

(d) Through the placement office

(i) Student placement credentials

(e) Through the veterans office

(i) Veterans information for VA eligibilities

(f) Through the financial aid office

(i) Financial aid processing information

A period of time no greater than ten working days may be required by these offices to process a request.

The college is not required to permit a student to inspect and review the following records:

(g) Financial records and statements of his/her parents or any information contained therein.

(h) Confidential letters and confidential statements of recommendation which were placed in the educational records of a student prior to January 1, 1975.

(i) Confidential letters and confidential statements of recommendation which were placed in the educational records of the student after January 1, 1975: Provided, That the student has waived his or her right to inspect and review those letters and statements of recommendation:

(i) Respecting admission to an educational institution

(ii) Respecting an application for employment

(iii) Respecting the receipt of an honor or honorary recognition.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-002, filed 12/20/83.

Wash. Admin. Code § 132Y-126-003 Educational records limitations.

Transcripts of a student's scholastic records shall contain only information about his academic status and eligibility to continue at the college. Disciplinary records shall be kept separate from academic records and no notation of any disciplinary action shall appear on a student's transcript. Special precautions shall be exercised to insure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provision shall be made for periodic review and routine destruction of noncurrent disciplinary records by the offices maintaining such information.

No records shall be kept which reflect a student's political or ideological beliefs or associations.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-003, filed 12/20/83.

Wash. Admin. Code § 132Y-126-004 Exceptions.

The dean of student services will be responsible for reviewing unusual requests for information and assisting in interpretation of the rules and regulations of the Family Educational Rights and Privacy Act of 1974 as published in the 45 Code of Federal Register, Section 99 et seq.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-004, filed 12/20/83.

Wash. Admin. Code § 132Y-126-005 Amendment of educational records.

(1) Request to amend educational records

(a) The student who believes that information contained in his private educational records is inaccurate or misleading or violates his privacy or other rights may request that the college amend these records.

(b) The college shall decide whether to amend the educational records of the student in accordance with the request, normally within two weeks of receipt of the request.

(c) If the college decides to refuse to amend the educational records of the student in accordance with the request, it shall so inform the eligible student of the refusal and advise the student of the right to a hearing.

(d) A hearing may not be requested by an eligible student to contest the assignment of a grade; however, a hearing may be requested to contest whether or not the assigned grade was recorded accurately in the educational records of the student.

(2) Right to a hearing.

(a) The method for requesting a hearing shall be by written appeal through the dean of student services office.

(b) Conduct of the hearing.

(i) The hearing shall normally be held within two weeks after the receipt of the request for said hearing.

(ii) The hearing shall be conducted and adjudicated by the dean for student services.

(iii) The eligible student may have assistance from, or be represented by, an individual of his/her choice and at his/her own expense, including an attorney, in presenting his/her case.

(iv) A written copy of the decision and rationale shall normally be afforded the student within two weeks after the conclusion of the hearing by the dean for student services.

(c) If the eligible student disagrees with results of the hearing, he/she has the right to place a statement to this effect, with reasons, in his/her educational records. This statement shall be retained as long as the disputed information is on file and shall be forwarded with this information at any time it is disclosed to an outside agency.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-005, filed 12/20/83.

Wash. Admin. Code § 132Y-126-006 Fee schedule.

The college may charge a fee for copies of educational records which are made for the parents of students, students, and eligible students at the rate of ten cents per page.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-006, filed 12/20/83.

Wash. Admin. Code § 132Y-126-007 Disclosure record.

All requests for educational records, except those made by parents of students, students, school officials as defined in WAC 132Y-126-002(2) of these guidelines, and requests for directory information, shall be listed with the student's file containing the requested information.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-007, filed 12/20/83.

Wash. Admin. Code § 132Y-126-008 Procedural forms.

Attendant forms to implement the procedures are:

(1) Annual notice to students

(2) Request to prevent disclosure of directory information

(3) Public notice designating directory information

(4) Student request to inspect and review educational records

(5) Request to review educational records

(6) Student request for formal hearing

Copies of these forms are available through the dean of students office.

Annual notification.

The college will give annual notification to students of these procedures concerning their educational records. It will be done by notice in the college catalog.

History

Statutory Authority: RCW 28B.50.140(19) and 20 U.S.C., Sec. 1232 G. WSR 84-01-066 (Resolution No. 83-12-1), § 132Y-126-008, filed 12/20/83.

Chapter 132Y-133 Organization.

Wash. Admin. Code § 132Y-133-020 Organization—Operation—Information.

(1) Organization. Edmonds Community College, Community College District 23, 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) Operation. The administrative office is located at the following address:

20000 68th Avenue West

Lynnwood, WA 98036

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

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

20000 68th Avenue West

Lynnwood, WA 98036

History

Statutory Authority: RCW 34.05.220 (1)(b). WSR 90-08-022A, § 132Y-133-020, filed 3/28/90, effective 4/28/90.

Chapter 132Y-136 Facilities scheduling and use rule.

Wash. Admin. Code § 132Y-136-001 Definitions.

(1) "Academic facilities" shall mean all college owned and/or operated facilities and realty located within the main campus area which are primarily used for classwork and classroom instruction, including all athletic and intramural facilities.

(2) "Accredited classes" shall mean those classes offered for credit by Edmonds Community College. They include but are not limited to:

(a) Course offerings which appear in current class schedule booklets, or

(b) Workshops, or

(3) "College organizations" shall mean and include those committees or entities established under college policies, the academic units of the college, the associated students of Edmonds Community College and the student organizations recognized by the associated students of Edmonds Community College.

(4) "Laboratories" are rooms with special purpose equipment for student participation, experimentation, observation, or practice in a field of study. Such rooms include class laboratories, special class laboratories, individual study laboratories, and nonclass laboratories as defined in the higher education facilities inventory and classification manual.

(5) "Noncollege organizations" shall mean and include private entities and other individuals, associations and corporations not directly associated with Edmonds Community College.

(6) "Scheduling coordinator" shall mean the individual responsible for implementing this facilities scheduling and use rule.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-001, filed 1/26/82.

Wash. Admin. Code § 132Y-136-010 Statement of purpose.

Edmonds Community College is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals the right to substantially interfere with, or otherwise disrupt the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, the college is a designated public forum opened for the purposes recited herein and further subject to the time, place, and manner provisions set forth in these rules.

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

The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college intends to open its campus to noncollege groups to the extent that the usage does not conflict with the rights of college groups or substantially disrupt the educational process.

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-010, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-020 Definitions.

(1) "College facilities" includes all land, buildings, facilities, structures, grounds, office space, parking lots and other property in the possession of, owned, controlled, or leased/rented by the college, and agencies or institutions that have educational agreements with the college, including associated websites and distance learning classroom environments.

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

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

(4) "Noncollege group" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of Edmonds Community College or who are not officially affiliated with, or invited guests of a recognized student organization, recognized employee group, or the administration of the college.

(5) "Public forum areas" means those areas of the campus that the college has designated as places for expressive activities protected by the First Amendment, subject to reasonable time, place, or manner provisions.

(6) "Sponsor" means that when a college group invites a noncollege group onto campus, the college group will be responsible for the activity and will designate an individual to be present at all times during the activity. The sponsor will ensure that those participating in the sponsored activity are aware of the college's rules and policies governing the activity. This definition does not apply to noncollege groups that rent college facilities.

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-020, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-030 Use of facilities.

(1) There shall be no camping on college facilities or grounds between the hours of 9:00 p.m. and 7:00 a.m. Camping is defined to include sleeping, cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

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

(3) College groups are encouraged to notify the center for student engagement/leadership no later than forty-eight hours in advance of the activity. However, unscheduled activities are permitted so long as the activity does not displace any other activities occurring at the college.

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

(5) All college and noncollege groups must comply with fire, safety, sanitation or special regulations specified for the activity. The college cannot and will not provide utility connections or hookups for purposes of First Amendment activities conducted pursuant to this policy.

(6) The activity must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, college buildings or facilities, or college activities. The activity must not create safety hazards or pose safety risks to others.

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

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

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

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

(9) The activity must also be conducted in accordance with any other applicable college policies and rules, college, local ordinances, state, and federal laws.

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-030, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-040 Additional requirements for noncollege groups.

(1) College facilities may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities as identified in these rules.

(2) The college designates on the campus map its grounds and outdoor spaces as the public forum area(s) for use by noncollege groups for First Amendment activities on campus. Nothing in these rules prohibits noncollege groups from engaging in First Amendment activities at open public meetings, subject to the requirements of RCW 42.30.050.

(3) Noncollege groups may use the public forum areas for First Amendment activities between the hours of 7:00 a.m. and 9:00 p.m., and for no longer than five hours from beginning to end.

(4) Before engaging in First Amendment activities, all noncollege groups are encouraged to provide notice to and register with campus safety and security no later than forty-eight hours prior to the activity of the noncollege group's presence on campus and to acknowledge receipt of these rules and to ensure that there are not scheduling conflicts. The notice does not involve any application or approval process, and therefore, the ability to use designated public forum areas will not be denied unless they are already reserved for use by another group. This notice is intended to provide the college with knowledge of the noncollege group's presence on campus so that the college can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated public forum area. When registering, the individual or group should provide the following information:

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

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

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

(e) The estimated number of people expected to participate in the activity.

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-040, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-050 Distribution of materials.

Information may be distributed as long as it is not obscene or does not promote the imminent prospect of actual violence or harm. The distributor is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only on the grounds and outside spaces of the campus designated as public forum areas.

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-050, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-060 Consequences for violation of provisions in this chapter.

(1) Noncollege groups who violate these rules will be advised of the specific nature of the violation, and if they persist in the violation, will be subject to an order from the college public safety department to leave the college campus. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college premises of the person or group of persons requested to leave, and subject such individuals to the provisions of chapter 9A.52 RCW or municipal ordinance. Persons failing to comply with such an order to leave the college or reentering college property after one's license or privilege to be on college property has been revoked shall constitute trespass and such individual shall be subject to criminal trespass proceedings.

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

History

Statutory Authority: RCW 28B.50.140. WSR 17-23-100, § 132Y-136-060, filed 11/15/17, effective 12/16/17.

Wash. Admin. Code § 132Y-136-101 Scheduling office—Duties of the scheduling coordinator.

(1) The scheduling office is responsible for coordinating all arrangements relative to meetings, conferences, workshops, social functions and other events involving the use of campus facilities. Advance scheduling as far ahead as a full year is strongly recommended.

(2) Any organization, club or individual with an outstanding balance due the college will not be allowed to schedule until all bills are paid.

(3) In planning various group functions, requests for the following items should be directed to the scheduling office.

(a) Campus maps.

(b) Special arrangement of furniture, podiums, and other equipment, construction of special platforms.

(d) Parking permits.

(4) Any division or college organization may obtain use of college facilities by filing with the scheduling office a request for the use of college facilities at least seven days before the event; provided, however, the time requirement shall be waived whenever reasonable cause is shown.

(5) Scheduling requests shall include the following information:

(a) The name of the organization or organizations sponsoring the program.

(b) The name of the speaker and the general topic of address and/or program.

(d) Any special facilities or equipment required for the presentation of the program.

(e) The organization's preferences, if any, for specific facilities.

(6) Upon receiving such information the scheduling office shall within 48 hours assign in writing an appropriate room or space, if available, for the meeting and shall assist the sponsoring organization or organizations in arranging for the special equipment that may be required. In assigning space the scheduling office shall consider the size of the facility required, other events scheduled by prior request, and the preferences of the requesting organization, unless the scheduling office deems the requested facilities to be inappropriate for the proposed use, otherwise unavailable. The scheduling office shall consider all facilities, and after consultation with the office authorized to schedule space in the particular facility, may assign any appropriate facility in the college for speakers or programs.

(7) Individual students, faculty members, and staff may form ad hoc organizations for the express purpose of inviting a particular speaker or program to address them and others on a specific occasion by filing with the scheduling office a statement of intention and sponsorship. The statement of intention and sponsorship shall be signed by at least three students, faculty members, or staff members and shall state the name of the speaker, the subject of his talk, and the purpose of the sponsors in inviting him. The statement shall also contain a certificate signed by the three sponsors stating that they are acting as individuals and not on behalf of any division or organization. The statement of intention and sponsorship shall be accompanied, when required, by payment in advance of the fee for use of the facility. Each signator is individually liable for any damages, costs, or charges incurred as a result of the scheduled event.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-101, filed 1/26/82.

Wash. Admin. Code § 132Y-136-201 Available space.

The college property available for scheduling and use in accordance with the provisions of this policy shall be limited to:

Classrooms
Laboratories
Conference rooms
Gymnasium
Dining hall
Student lounge
Library
Playing field
Unassigned office space.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-201, filed 1/26/82.

Wash. Admin. Code § 132Y-136-204 Available space—Listing of space or premises available for leasing or renting.

All college space or premises available for leasing or renting under these rules shall be listed in the scheduling coordinator's office, together with the corresponding lease fee or rental rate.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-204, filed 1/26/82.

Wash. Admin. Code § 132Y-136-208 Available space—Priority for use.

Scheduling of academic facilities space shall be on a first in time of application basis: Provided, That where a lease has not been executed, college organizations shall have priority over noncollege organizations: And provided further, That the academic needs of the institution shall have first priority where a lease has not been executed.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-208, filed 1/26/82.

Wash. Admin. Code § 132Y-136-212 Available space—Classrooms.

Classrooms may be made available for scheduling and use weekdays between the hours of 7:00 a.m. and 10:00 p.m. Monday through Thursday and 7:00 a.m. and 5:00 p.m. on Friday when not in use by accredited classes and weekends between the hours of 8:15 a.m. and 5:00 p.m.: Provided, The college has sufficient personnel available to open and close the facilities.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-212, filed 1/26/82.

Wash. Admin. Code § 132Y-136-216 Available space—Lease requirement.

All noncollege persons and organizations desiring to use space in accordance with these rules shall execute a lease with the scheduling coordinator for temporary or short-term use of college space. The lease may include a description of the premises or space leased, the rental rate, the names of the individuals responsible for the debts of the lessee, the nature and purpose of the intended use, time of use, number of people expected, price of admission, if any, amount of deposit, if any, food service charges, special use or set up charges, statement of responsibility for damages, verification of insurance coverage and other pertinent information, including but not limited to, a statement that the lessee agrees to adhere to and abide by all rules and regulations of Edmonds Community College.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-216, filed 1/26/82.

Wash. Admin. Code § 132Y-136-220 Available space—Leasing fee or rental rate.

The leasing fee or rental rate for use of college space available in accordance with these rules shall be available in the office of the college scheduling coordinator. Lease fees or rental rates may be different for college organizations than for noncollege organizations. The lease fee or rental rate shall be established by the president. The college reserves the right to change the rates without notice.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-220, filed 1/26/82.

Wash. Admin. Code § 132Y-136-224 Available space—Scheduling deadlines.

All applications for the leasing or rental of space shall be submitted in writing, together with a written food service guarantee, if any, not less than ten calendar days in advance of the date requested and a lease or rental agreement shall be executed not less than ten calendar days prior to the date requested.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-224, filed 1/26/82.

Wash. Admin. Code § 132Y-136-228 Available space—Prohibition.

College organizations or members of the staff, faculty, students or administration of Edmonds Community College shall not be permitted to assume cosponsorship for another group or individual in order to affect favorable scheduling priority or to reduce the costs otherwise chargeable to such other group or individual.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-228, filed 1/26/82.

Wash. Admin. Code § 132Y-136-236 Available space—Authority of scheduling coordinator.

The scheduling coordinator of Edmonds Community College may impose special conditions or additional requirements where necessary to meet proper health or safety standards, or to assure compliance with college rules, upon any organization as a condition precedent to the scheduling, leasing or renting of college facilities.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132-136-236 (codified as WAC 132Y-136-236), filed 1/26/82.

Wash. Admin. Code § 132Y-136-304 Use of facilities for campaign purposes—Prohibited.

College facilities or services may not be used to establish or maintain an office or headquarters for a political candidate or partisan political cause. Rules, regulations, policies, procedures and practices regarding the use of college facilities shall not discriminate or promote discrimination among political parties or groups solely on the basis of their particular political viewpoint.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-304, filed 1/26/82.

Wash. Admin. Code § 132Y-136-401 Business sales.

The soliciting, selling, exposing for sale, or offering to sell of any goods, services, articles, wares, or merchandise of any nature whatsoever, within the boundaries of Edmonds Community College property is prohibited except by written permission of the president unless between individuals where no general or public solicitation, exposure for sale or offer to sell is involved.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-401, filed 1/26/82.

Wash. Admin. Code § 132Y-136-404 Business sales—Restrictions.

Edmonds Community College property and facilities may not be used for the activities set forth in WAC 132Y-136-401 unless such activities serve the purposes and needs of the college and are sponsored by a college department, agency, or recognized organization. Such activities should only be permitted where they complement the services provided by local businesses.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-404, filed 1/26/82.

Wash. Admin. Code § 132Y-136-501 Library materials and audio-visual equipment—Loans.

(1) The Edmonds Community College library-media center (LMC) loans library materials and audio-visual equipment to various users. It does not rent or lease audio-visual equipment to organizations and individuals except as part of a facility rental agreement. The users include and are limited to:

(a) Currently registered students of Edmonds Community College. For audio-visual equipment loans students need an instructor's authorization.

(b) Current academic staff, classified staff, administrative staff, and members of the board of trustees.

(c) Students and staff from institutions that contract with Edmonds Community College for services and facilities. Students from these institutions must have an instructor's authorization before checking out equipment.

(d) Holders of currently valid community courtesy cards. This group includes community residents of District XXIII as well as other individuals who show a particular need for specialized items in the LMC collections which are unavailable elsewhere. Holders of community courtesy cards may not check out equipment, and must be at least sophomores in high school. There is no charge for courtesy cards.

(e) Students from other institutions with which the Edmonds Community College LMC has a reciprocal lending agreement. This group may not borrow equipment.

(f) Other libraries and organizations through the interlibrary loan process. Equipment is not loaned to other libraries or organizations unless the LMC has a reciprocal lending agreement.

(2) All borrowers are subject to certain loan periods, and to such restrictions as apply to reference books, reserve materials, and audio-visual items and equipment. Each borrower must present proper identification before checking out LMC resources.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-501, filed 1/26/82.

Wash. Admin. Code § 132Y-136-540 Library materials and audio-visual equipment—Fines.

(1) No fines are levied for material returned after the designated due date, except for reserved items. When materials are not returned, or fines not paid, holds are placed on the transcript records and registration for classes and further borrowing is not permitted for those involved until such deficiencies are cleared through the LMC.

(2) When damage or loss of materials and equipment occurs, the borrower is assessed the replacement cost, plus a processing fee.

History

Statutory Authority: RCW 28B.50.140(7). WSR 82-04-018 (Resolution No. 82-1-4), § 132Y-136-540, filed 1/26/82.

Chapter 132Y-300 Nondiscrimination and harassment policy.

Wash. Admin. Code § 132Y-300-005 Statement of policy.

Edmonds Community College provides equal opportunity in education and employment and does not discriminate on the basis of protected classes as required by state and federal law. Prohibited discrimination and/or harassment of protected classes includes sexual harassment.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-300-005, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal Statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-3. WSR 15-12-069, § 132Y-300-005, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-300-010 Procedures.

(1) Introduction. Edmonds College, hereinafter referred to as "the college," recognizes its responsibility for investigating and resolving incidents; implementing corrective measures; monitoring the educational environment and workplace; and implementing regulations to stop, remediate, and prevent discrimination and harassment based on an individual's association with protected classes as required by law. To this end, the college has enacted a policy prohibiting discrimination against and harassment of members of these protected classes and procedures that deal with complaints and violations of the policy. Any individual found to be in violation of the policy will be subject to disciplinary action up to and including expulsion from the college or dismissal from employment.

Any employee, student, or visitor who is the alleged subject of discrimination or harassment should report the incident or incidents to the EO/AA office, Title IX coordinator identified below. If the complaint is against that officer, the complainant should report the matter to the president's office for referral to an alternate designee.

Civil Rights: Equal Opportunity/Affirmative Action (EO/AA).

Title IX: Gender Discrimination, Sexual Harassment, and Sexual Violence.

Title: EO/AA Office, Title IX Coordinator

Office: Edmonds Community College

20000 - 68th Ave. W.

Clearview Building, Room 122

Lynnwood, WA 98036

(2) Filing a complaint. The college encourages the timely reporting of any incidents of alleged discrimination or harassment. Any employee of, student of, or visitor to the college may file a complaint. Complaints must be submitted in writing.

For complainants who wish to submit a written complaint, a formal complaint form is available online at www.edcc.edu/titleix/. Hardcopies of the complaint form are available at the following locations on campus: Human resources office and vice president for student services office. Any person submitting a discrimination or harassment complaint shall be provided with a written copy of the college's nondiscrimination and harassment policy and procedures.

The proposed content is designed to assist you with filing a discrimination and/or harassment complaint. Please write clearly and focus on the alleged discriminatory and/or harassing conduct. The complaint should include as much information regarding the incident(s) giving rise to the complaint as possible, including the location, date, and time of the alleged incident(s); the name of the individual or group whom the complaint is against, if known; a description of the incident(s); and the remedy sought.

You may attach additional documents if needed. Please include your contact information (phone, email, mailing address), sign, and return your complaint to the EO/AA office, Title IX coordinator or designee. A link to an online reporting form is located at http://www.edcc.edu/titleix/.

(3) Confidentiality and right to privacy. The college will seek to protect the privacy of the complainant to the fullest extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, comply with the state and federal laws, as well as the college's policy and procedures.

Although the college will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX coordinator.

(a) The Title IX coordinator will inform and attempt to obtain consent from the complainant before commencing an investigation of alleged discrimination or sexual harassment. If a complainant asks that their name not be revealed to the respondent or that the college not investigate the allegation, the Title IX coordinator will inform the complainant that maintaining confidentiality may limit the college's ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that their name not be disclosed or that the college not investigate, the Title IX coordinator will determine whether the college can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:

(i) The seriousness of the alleged sexual harassment;

(ii) The age of the complainant;

(iii) Whether the sexual harassment was perpetrated with a weapon;

(iv) Whether the respondent has a history of committing acts of sexual harassment or violence or has been the subject of other sexual harassment or violence complaints or findings;

(v) Whether the respondent threatened to commit additional acts of sexual harassment or violence against the complainant or others; and

(vi) Whether relevant evidence about the alleged incident can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

(b) If the college is unable to honor a complainant's request for confidentiality, the Title IX coordinator will notify the complainant of the decision and ensure that complainant's identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation in compliance with this grievance procedure.

(c) If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX coordinator will evaluate whether other measures are available to address the circumstances giving rise to the complaint and prevent their recurrence, and implement such measures if reasonably feasible.

(4) Publication of nondiscrimination and harassment policy and procedures. The policy and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or designee. Individuals who believe they have been subjected to discrimination or harassment will be provided a copy of the policy and procedures.

(5) Limits to authority. Nothing in these procedures shall prevent the president or designee from taking immediate disciplinary action in accordance with the college's policies and procedures, and federal, state, and/or municipal rules and regulations.

(6) Retaliation, intimidation, and coercion. Retaliation by, for, or against any participant (including complainant, respondent, witness, investigator, or EO/AA office, Title IX coordinator or designee) is expressly prohibited. Retaliatory action of any kind taken against a participant who is seeking redress under the nondiscrimination and harassment policy and using these procedures is prohibited and is subject to discipline. Individuals who think they have been retaliated against, intimidated, or coerced should contact the EO/AA office, Title IX coordinator or designee immediately.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-24-034, § 132Y-300-010, filed 11/20/20, effective 12/21/20. Statutory Authority: RCW 28B.50.140(13) and Federal Statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-3. WSR 15-12-069, § 132Y-300-010, filed 5/29/15, effective 6/29/15.

Wash. Admin. Code § 132Y-300-015 Other remedies.

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

City of Edmonds Police Department

http://www.edmondswa.gov/government/departments/police.html

City of Lynnwood Police Department

http://www.ci.lynnwood.wa.us/Public-Safety/Police-Department

Snohomish County Sheriff's Department

http://snohomishcountywa.gov/210/Sheriff

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

(2) Other discrimination complaint options. Discrimination complaints may also be filed with the following federal and state agencies:

Washington State Human Rights Commission

www.hum.wa.gov/index.html

U.S. Department of Education Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/index.html

Equal Employment Opportunity Commission

www.eeoc.gov

History

Statutory Authority: RCW 28B.50.140(13) and Federal Statutes - Title IX, 20 U.S.C. § 1681 et seq.
VAWA, 42 U.S.C. § 13925
Edmonds CC Board of Trustees Resolution No. 15-5-3. WSR 15-12-069, § 132Y-300-015, filed 5/29/15, effective 6/29/15.

Chapter 132Y-310 Grievance procedure for discrimination based on handicap.

Wash. Admin. Code § 132Y-310-010 Preamble.

Community College District XXIII is covered by section 504 of the Rehabilitation Act of 1973 prohibiting discrimination on the basis of handicap in education. Any applicant for admission, enrolled student, applicant for employment or employee of Edmonds Community College who believes she/he has been discriminated against on the basis of handicap may lodge an institutional grievance by following the procedures below.

History

Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-056 (Resolution No. 89-5-3), § 132Y-310-010, filed 6/6/89.

Wash. Admin. Code § 132Y-310-020 Informal procedure.

All employees and students should feel free to discuss perceived discrimination with the individual immediately in charge, such as the first-line supervisor or instructor, to see if the situation can be resolved informally. Employees and students may also consult directly with the college affirmative action officer or coordinator for disabled student services without making a formal written complaint, and this consultation will be considered confidential. Employees and students are not required to use the informal process and may go directly to the formal procedure.

Any college official receiving a discrimination complaint shall contact the affirmative action officer or designee as soon as reasonably convenient. The college official shall arrange for the complainant to receive a copy of the grievance procedure.

History

Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-056 (Resolution No. 89-5-3), § 132Y-310-020, filed 6/6/89.

Wash. Admin. Code § 132Y-310-030 Formal procedure.

Step one: Employees and students must make a written complaint concerning discriminatory behavior to the affirmative action officer or designee.

(1) Complaints will be held in confidence. No action against the person accused will be taken on behalf of the complainant unless the complainant consents to be identified to the one accused in connection with the investigation.

(2) The complainant may bring a person of his or her choice to the initial or subsequent complaint meetings.

(3) The affirmative action officer or designee shall give a copy of these regulations and the board policy to any person making a formal complaint and to the accused.

(4) The result of that consultation and any investigation made will be communicated to the complainant before any further action is taken.

(5) An informal hearing may be substituted for investigation if the complainant and the accused agree. The affirmative action officer or designee will be responsible for investigating the complaint and discussing the complaint with the one accused. The affirmative action officer will make a written recommendation to the president within a reasonable time following the close of the investigation or hearing.

(6) Appropriate corrective measures will be decided by the president of the college upon consultation with the affirmative action officer and the appropriate administrators or supervisors involved. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through the formal faculty or classified grievance procedures, if they are covered by an agreement, or the student disciplinary code.

(7) Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken. If no disciplinary action is taken, the affirmative action officer will keep a record of the investigation accessible to the president, the complainant and the accused for a period of three years and then that record will be destroyed. If a formal complaint is filed with an outside state or federal agency, files will be maintained until the complaint is resolved. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.

History

Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-056 (Resolution No. 89-5-3), § 132Y-310-030, filed 6/6/89.

Wash. Admin. Code § 132Y-310-040 Other remedies.

These procedures, outlined in WAC 132Y-310-010 through 132Y-310-030, are internal college procedures and, as such, serve to resolve complaints within the college's administrative framework. These procedures do not replace an individual's timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington state human rights commission.

History

Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-056 (Resolution No. 89-5-3), § 132Y-310-040, filed 6/6/89.

Chapter 132Y-320 Public records policy.

Wash. Admin. Code § 132Y-320-010 Purpose.

The purpose of this chapter shall be to ensure compliance by Community College District No. 23 with the provisions of chapter 42.56 RCW, commonly called the Public Records Act.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-010, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-010, filed 6/6/89.

Wash. Admin. Code § 132Y-320-020 Definitions.

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

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

(3) "Community College District No. 23" is an agency organized by statute pursuant to RCW 28B.50.040 and shall hereinafter be referred to as the "district." Where appropriate, the term district also refers to the board of trustees and employees of the district.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-020, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-020, filed 6/6/89.

Wash. Admin. Code § 132Y-320-030 Description of central and field organization of Community College District No. 23.

District No. 23 is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff is located at 20000 68th Avenue West, Lynnwood, Washington 98036.

History

Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-030, filed 6/6/89.

Wash. Admin. Code § 132Y-320-040 Operations and procedures.

The district is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college district is operated under the supervision and control of a board of trustees. The board of trustees is made up of six members of whom five are appointed by the governor to a term of five years. The trustees exercise the powers and duties granted them under RCW 28B.50.140. The sixth trustee, also appointed by the governor, is a student who serves a one-year term.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-040, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-040, filed 6/6/89.

Wash. Admin. Code § 132Y-320-050 Public records available.

(1) All public records of the district, as defined in WAC 132Y-320-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.56.210 through 42.56.470 and WAC 132Y-320-100 Exemptions. Records may be reviewed in person at the district office during regular office hours at no charge. Fees for providing copies of records may apply, in accordance with WAC 132Y-320-090.

(2) Requestors seeking to review records in person are asked to contact the public records officer by email, phone, or mail to schedule an appointment. Contact information for the public records officer is as follows:

Public Records Officer

Edmonds Community College

20000 68th Avenue West

Lynnwood, WA 98036

425-640-1400

records@edcc.edu

(3) The regular business hours of the public records office are from 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and college closures.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-050, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-050, filed 6/6/89.

Wash. Admin. Code § 132Y-320-060 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the college president. The person so designated shall be located in the administrative offices of the district. That person may in turn designate persons in the administrative office to implement this section. The public records officer and their designee(s) shall be responsible for the following: The implementation of the district's rules and regulations regarding release of public records, coordinating the staff of the district in this regard, and generally ensuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW.

The public records officer will also be responsible for providing full access to public records made available for inspection, for protecting the records from damage or disorganization, and for preventing excessive interference with essential college functions. Public records made available for inspection may not be damaged or altered in any way or removed from the office without the permission of the public records officer.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-060, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-060, filed 6/6/89.

Wash. Admin. Code § 132Y-320-075 Requests for public records.

(1) The public records officer or their designee will provide the fullest assistance to any member of the public requesting to inspect the records of the district. However, a person seeking records must make a specific request for identifiable records and must clearly state that the inquiry is a public records request. The district is under no legal obligation to create a new record to satisfy a records request.

(2) The district encourages requestors to use the public records request form made available by the public records office on the district's website at www.edcc.edu. The form may be submitted online, by email, mail, fax, or presented to the public records officer, or to any member of the district's staff if the public records officer is not available, at the administrative offices of the district during customary office hours. If a request is made verbally, and the requestor has provided an email or mailing address, the public records officer will follow up with an email or letter confirming receipt of the request.

At a minimum, the request, regardless of how it is submitted, should include the following information:

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

(b) The mailing address, email address, or phone number of the person requesting the record;

(d) The nature of the request;

(e) A description of the specific record requested;

(f) The manner in which the requestor would like to review the records.

(3) The public records officer or their designee will take action on a request for public records in as timely a manner as possible. In accordance with RCW 42.56.520, the requestor will receive a response within five days of receipt of the request by the district. If the request cannot be completed within five days, the public records officer will provide a reasonable time estimate for a complete response to the request. If the request is particularly large or complex, resulting in a large number of responsive documents and/or requiring significant redaction, the public records officer and the requestor may enter into an agreement by which the records are made available in installments at specified intervals.

(4) If the requestor fails to respond within thirty days to a request from the public records officer for clarification of all or part of the public records request, the request or part of the request requiring clarification will be considered withdrawn and no further action will be taken.

(5) The requestor must claim or review the assembled records within thirty days of receiving notification that the records are available for inspection or copying. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the district will close the request and refile the assembled records.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, amended and recodified as § 132Y-320-075, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-080, filed 6/6/89.

Wash. Admin. Code § 132Y-320-085 Fees.

(1) In accordance with RCW 42.56.070(7) and 42.56.120, the district may charge fees for providing copies of public records. The district has determined that calculating the actual costs for providing copies would be unduly burdensome. This determination is based on the large number of factors involved in calculating the actual cost and the frequency with which these factors change. The district does not currently have accurate data regarding these factors, nor does it have the resources or appropriated funds to conduct an actual cost study. The district cannot divert resources away from other critical district programs in order to perform such a cost study. Additionally, such a study would likely need to be repeated on a regular basis. Therefore, the district adopts the schedule of fees provided in RCW 42.56.120(2).

(2) No fee shall be charged for the inspection of public records, however, in some cases the district will charge a fee for providing copies of public records. These fees are summarized in the fee schedule available on the district's website at www.edcc.edu.

These charges represent the amount necessary to reimburse the district for its actual costs incident to such copying and/or electronic document preparation. Additionally, the district may impose a customized service charge to cover its costs if the request requires the use of IT expertise to prepare data compilations or if such customized access services are not used by the agency for other business purposes. The district may require a ten percent deposit in advance if the fee for producing copies of responsive records will exceed one hundred dollars. All fees must be paid by credit or debit card, money order, cashier's check or cash in advance. The charges above may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

Upon request, the district will provide a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.

(3) If the requestor fails to pay fees incurred for copying by the specified payment date, the district will close the request. In such a case, the requestor will receive notification at least ten business days in advance that the request will be closed for nonpayment.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-085, filed 9/14/18, effective 10/15/18.

Wash. Admin. Code § 132Y-320-095 Exemptions.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132Y-320-080 is exempt under the provisions of chapter 42.56 RCW.

In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware that some statutes outside the Public Records Act restrict the availability of some documents held by Community College District No. 23 for inspection and copying.

(2) Pursuant to RCW 42.56.210, the district also reserves the right to redact identifying details when it makes available or publishes any public record in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.56 RCW and/or other applicable statutes. The public records officer or their designee will fully justify such redaction in writing.

(3) All denials of requests for public records will 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.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, amended and recodified as § 132Y-320-095, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-100, filed 6/6/89.

Wash. Admin. Code § 132Y-320-105 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review within ten business days. The written request shall specifically refer to the written statement by the public records officer or their designee 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 their designee shall refer the request for review to the president of the college. The president or their designee shall consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision within five business days following

receipt of the appeal by the district. The time for review of the denial may be extended by mutual agreement of the district and the requestor.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, amended and recodified as § 132Y-320-105, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-110, filed 6/6/89.

Wash. Admin. Code § 132Y-320-125 Records index.

(1) Index - The district has available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since June 30, 1972:

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

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

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

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

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

(2) Availability - 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 18-19-046, recodified as § 132Y-320-125, filed 9/14/18, effective 10/15/18. Statutory Authority: Chapter 28B.19 RCW. WSR 89-12-057 (Resolution No. 89-5-4), § 132Y-320-130, filed 6/6/89.

Wash. Admin. Code § 132Y-320-135 Notification of affected persons.

If the requested record is not exempt from release under WAC 132Y-320-100 and contains information which could identify an individual or agency, the district may notify the individual or agency thus identified that release of the record has been requested. In such cases the district's initial response to the request will allow a reasonable time for the identified individual or agency to seek court protection from release of the record.

History

Statutory Authority: RCW 28B.50.140. WSR 18-19-046, § 132Y-320-135, filed 9/14/18, effective 10/15/18.

Chapter 132Y-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132Y-400-010 Grounds for ineligibility.

Any student found by the college to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use, or sale of legend drugs, including anabolic steroids, will be disqualified from participation for one year in any school-sponsored athletic event or activity.

History

Statutory Authority: RCW 28B.50.140 and chapter 69.41 RCW. WSR 91-05-012, § 132Y-400-010, filed 2/8/91, effective 3/11/91.

Wash. Admin. Code § 132Y-400-020 Suspension procedure—Right to informal hearing.

Any student notified of a claimed violation of WAC 132Y-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the president within three days after receipt of the declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

History

Statutory Authority: RCW 28B.50.140 and chapter 69.41 RCW. WSR 91-05-012, § 132Y-400-020, filed 2/8/91, effective 3/11/91.

Wash. Admin. Code § 132Y-400-030 Hearing.

If a timely written request for a hearing is made, the president shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140 and chapter 69.41 RCW. WSR 91-05-012, § 132Y-400-030, filed 2/8/91, effective 3/11/91.

Wash. Admin. Code § 132Y-400-040 Decision.

The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered, or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than twenty days after the request for hearing is received by the president.

History

Statutory Authority: RCW 28B.50.140 and chapter 69.41 RCW. WSR 91-05-012, § 132Y-400-040, filed 2/8/91, effective 3/11/91.