Title 132n WAC — Clark College

Chapter 132N-10 State Environmental Policy Act guidelines.

Wash. Admin. Code § 132N-10-010 Environmental protection policy.

(1) It shall be the policy of Clark Community College District No. 14 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

(2) In compliance with WAC 197-10-820, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.

History

Order 76-2, § 132N-10-010, filed 1/26/77.

Chapter 132N-108 Procedure.

Wash. Admin. Code § 132N-108-010 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 Clark College. Those rules may be found at chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by Clark College shall govern.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-010, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-020 Brief adjudicative procedure.

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) Appeals from residency classifications made pursuant to RCW 28B.15.013;

(2) Appeals from actions due to parking and traffic infractions;

(3) Appeals from actions from student conduct or disciplinary proceedings;

(4) Appeals from actions due to outstanding debts of college employees or students;

(5) Appeals from actions regarding loss of eligibility to participate in athletic events;

(6) Challenges to the contents of educational records pursuant to 34 C.F.R. § 99.21.

(7) Appeals from actions due to mandatory tuition and fee waivers.

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

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-020, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-030 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 thereof in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-030, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-040 Appointment of presiding officers.

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

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-040, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-050 Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing and should be submitted to the following address within twenty days of the college action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, Clark College, 1800 E. McLoughlin Blvd., Vancouver, Washington 98663.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-050, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-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 28B.50.140. WSR 97-19-078, § 132N-108-060, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-070 Method of recording.

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

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-070, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-080 Recording devices.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132N-108-030, except for the method of official recording selected by the college.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-080, filed 9/16/97, effective 10/17/97.

Wash. Admin. Code § 132N-108-090 Petitions for stay of effectiveness.

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

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-078, § 132N-108-090, filed 9/16/97, effective 10/17/97.

Chapter 132N-122 Withholding services for outstanding debts.

Wash. Admin. Code § 132N-122-010 Policy.

If any person, including faculty, staff, student or former student, is indebted to the college for an outstanding debt, the college need not provide any further services of any kind to such individual including, but not limited to, transmitting files, records, admission to or registration with the college, conferring of degrees, or other services which have been requested by such person. Further, if the person is an employee of the college, the college shall have the right to offset such outstanding debts against the wages owed to the employee.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-015, § 132N-122-010, filed 9/23/21, effective 10/24/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-019, § 132N-122-010, filed 11/10/97, effective 12/11/97.

Wash. Admin. Code § 132N-122-020 Notification.

(1) Upon receiving a request for services where there is an outstanding debt due the college from the requesting person, the college shall notify the person by certified mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, no such services as are requested will be provided. If the outstanding debt is due the college from an employee, the college shall notify the employee by certified mail addressed to the employee's last known address of the debt owed to the college, the basis of the debt, and the intent to offset it against the wages or other payments due to the employee.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person designated by the president of the college if he or she believes that no debt is owed. The proceeding must be requested within twenty days of the date of mailing notification that services will be withheld.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-019, § 132N-122-020, filed 11/10/97, effective 12/11/97.

Wash. Admin. Code § 132N-122-030 Procedure for brief adjudicative proceeding.

Upon receipt of a request for appeal within twenty days of the initial action, the person designated by the president shall hold the brief adjudicative proceeding concerning whether the individual in fact owes or owed any outstanding debts to the college. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether in fact the college is correct in withholding services for the outstanding debt and/or applying offset for the outstanding debt. If the outstanding debt is found to be owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within ten days of the receipt of the appeal.

A review of this decision may be requested of the president or designee within twenty-one days of the decision. Notification of the final decision will be rendered within twenty days of the request for review. The decision of the president or designee shall be final.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-019, § 132N-122-030, filed 11/10/97, effective 12/11/97.

Chapter 132N-126 Student code of conduct.

Wash. Admin. Code § 132N-126-005 Authority.

The board of trustees of Washington State Community College District No. 14, acting pursuant to RCW 28B.50.140(13), delegates to the president of the college the authority to administer disciplinary action. Administration of the disciplinary procedures is the responsibility of the vice president of student affairs or their designee. Unless otherwise specified, the student conduct officer or designee shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-005, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-010 Definitions.

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

(1) "ASCC" means the associated students of Clark College as defined in the constitution of that body.

(2) "Assembly" means any overt activity engaged in by one or more persons, the object of which is to gain publicity, advocate a view, petition for a cause, or disseminate information to any person, persons, or group of persons.

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

(4) "College" means Clark College and any other community college centers or premises established within Community College District No. 14, state of Washington.

(5) "College community" means trustees, students, staff, faculty, and visitors on college premises.

(6) "College official" includes any person employed by the college performing assigned duties.

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

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

(9) "Conduct review officer" is the vice president of student affairs 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.

(10) "Controlled substance" means and includes any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.

(11) "Day" means a weekday, excluding weekends and college holidays.

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

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

(14) "Faculty member" and "instructor" means any employee of Community College District No. 14, state of Washington, who is employed on a full-time or part-time basis as a teacher, instructor, counselor, or librarian.

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

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

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

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

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

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

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

(17) "RCW" means Revised Code of Washington which can be accessed at http://apps.leg.wa.gov/rcw/.

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

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

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

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

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

(20) "Sexual misconduct" has the meaning ascribed to this term in WAC 132N-126-025(13).

(21) "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" for purposes of this chapter.

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

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

(24) "Student organization" means any number of students who have met the formal requirements of clubs and organizations.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 28B.10.900, 28B.10.904, and 2022 c 209. WSR 26-04-040, s 132N-126-010, filed 1/26/26, effective 2/26/26. Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-010, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-015 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) Off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives.

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

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

(4) These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The student conduct officer has sole discretion, on a case-by-case basis, to determine whether the student conduct code will be applied to conduct by students or student groups that occurs off campus.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 28B.10.900, 28B.10.904, and 2022 c 209. WSR 26-04-040, s 132N-126-015, filed 1/26/26, effective 2/26/26. Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-015, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-020 Statement of student rights.

As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in an independent search for truth.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the college community.

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-020, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-025 Prohibited student conduct.

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

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

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

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

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

(d) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus and program handbook. Further academic consequences may follow consistent with the provisions in any program handbook including, but not limited to, dismissal from an academic program. Incidents of academic dishonesty may also be referred to the student conduct officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

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

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

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

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

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

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

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

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

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

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

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

(8) Weapons. Possession, holding, wearing, transporting, storage or presence 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 is prohibited on the college campus, subject to the following exceptions:

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

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

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

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

(9) Hazing.

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

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

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

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

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

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

(ii) Humiliation by ritual act;

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

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

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

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

(10) Alcohol, drug, and tobacco violations.

(a) 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.

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

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

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

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

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

(13) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sexual harassment prohibited by Title IX is defined in the supplemental procedures to this code. See WAC 132N-126-205 (discipline procedures for cases involving allegations of Title IX violations).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

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

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

(B) Suffer substantial emotional distress.

(d) For purposes of this code, "consent" means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 28B.10.900, 28B.10.904, and 2022 c 209. WSR 26-04-040, s 132N-126-025, filed 1/26/26, effective 2/26/26. Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-025, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-030 Disciplinary sanctions and terms and conditions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) No trespass order. A student may be restricted from college property based on their misconduct.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-030, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-035 Conduct hold on student records.

(1) A student conduct officer or other designated college official may place a conduct hold on the student's record if the student is the responding party in a pending complaint of prohibited conduct, a pending conduct proceeding under this code, or in conjunction with a disciplinary sanction or condition under this code.

(2) A conduct hold may restrict the student from registering for classes, requesting an official transcript, or receiving a degree from the college until the hold has been removed.

(3) If the conduct hold is placed pending or during a conduct proceeding, the student will be notified of the hold and be advised how to raise an objection about the hold or request that it be made less restrictive. The hold will remain in place until lifted by the student conduct officer or other designated college official with authority to do so.

(4) Implementation of any conduct hold prior to disciplinary action does not assume any determination of, or create any expectation of, responsibility for prohibited conduct under this conduct code.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-035, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-036 Hazing prohibited—Sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132N-126-025(9).

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

(3) Washington state law provides that:

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), 28B.10.900, 28B.10.904, and 2022 c 209. WSR 26-04-040, s 132N-126-036, filed 1/26/26, effective 2/26/26.

Wash. Admin. Code § 132N-126-040 Amnesty policy.

(1) Clark College values the health, safety, and wellness of those in our college community. Students are encouraged to report crimes, share concerns, and seek medical attention for themselves or others in need.

(2) A student conduct officer may elect not to initiate disciplinary action against a student who, while in the course of helping another person seek medical or other emergency assistance, admits to a possible policy violation under this student conduct code, provided that any such violations did not and do not place the health or safety of any other person at risk.

(3) A student conduct officer may elect not to initiate disciplinary action against a student who, while in the course of reporting violence, sexual misconduct, or a crime in progress, admits to personal consumption of alcohol or drugs at or near the time of the incident, provided that any such use did not place the health or safety of any other person at risk.

(4) While policy violations cannot be overlooked, the college may elect to offer educational options or referrals, rather than initiating disciplinary action against students who report crimes, serve as witnesses, or seek medical attention as described is this section.

(5) This amnesty policy may not apply to students who repeatedly violate college policies in regards to alcohol, drugs, or other prohibited conduct.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-040, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-045 Interim measures.

(1) After receiving a report of alleged sexual misconduct or other serious student misconduct, a student conduct officer or designee may implement interim measures which may include, but are not limited to:

(a) A no-contact order prohibiting direct or indirect contact, by any means, with an impacted party, a responding party, a reporting party, other specified persons, and/or a specific student organization;

(b) Changes to class schedules, assignments, or test schedules;

(d) Restrictions on access to portions of campus; or

(e) Alternative safety arrangements such as campus safety escorts.

(2) If an interim measure is put in place pending or during a conduct proceeding, the student will be notified of the interim measure and be advised how to raise an objection about the interim measure or request that it be made less restrictive. The student conduct officer may adjust or modify interim measures as students' situations and schedules change and evolve over time. Interim measures will remain in place until the student receives notice they have been lifted or modified from the student conduct officer.

(3) Implementation of any interim measure does not assume any determination of, or create any presumption regarding responsibility for, a violation under this student conduct code.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-045, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-050 Records.

(1) Student conduct code records are maintained in accordance with the college's records retention schedule.

(2) The disciplinary record is confidential, and is released only as authorized under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-050, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-100 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 president shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the complainant.

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

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

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

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

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s), as described in WAC 132N-126-030.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-100, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-105 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 ten days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

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

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

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

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

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

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

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

(b) Dismissals; and

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

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

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation;

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-105, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-110 Brief adjudicative proceedings authorization.

Brief adjudicative proceedings shall be used for student conduct appeals involving the following disciplinary actions:

(1) Suspension of ten instructional days or less;

(2) Disciplinary probation;

(3) Written reprimands;

(4) Any conditions or terms imposed in conjunction with one of the foregoing disciplinary actions; and

(5) Appeals by a complainant in student disciplinary proceeding involving allegations of sexual misconduct in which the student conduct officer:

(a) Dismisses disciplinary proceedings based upon a finding that the allegations of sexual misconduct have no merit; or

(b) Issues a verbal warning to respondent.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-110, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-115 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: RCW 28B.50.140. WSR 21-20-017, § 132N-126-115, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-120 Brief adjudicative proceedings—Review of an initial decision.

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

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

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

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

(5) If the president or designee upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than 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: RCW 28B.50.140. WSR 21-20-017, § 132N-126-120, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-125 Student conduct committee.

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

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

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

(c) One faculty member or administrator, other than an administrator serving as a student conduct or conduct review officer, appointed by the president to serve as the chair.

(2) The faculty member or administrator or other impartial hearing officer who serves as the chair of the committee may take action on preliminary hearing matters prior to convening the committee. The chair shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-125, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-130 Appeal—Student conduct committees.

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

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

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

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

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

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

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

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

(9) In cases heard by the committee, each party may be accompanied at the hearing by a nonattorney assistant of their choice.

(10) The respondent in all appeals before the committee, or a complainant in an appeal involving allegations of sexual misconduct before the committee, may elect to be represented by an attorney at their own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer.

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-130, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-135 Student conduct committee hearings—Presentation of evidence.

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

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

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-135, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-140 Student conduct committee—Initial decision.

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-140, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-145 Appeal from student conduct committee initial decision.

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

(2) The notice of appeal must identify the specific findings of fact and/or conclusions of law in the initial decision that are challenged and must contain argument why the appeal should be granted. If necessary to aid review, the president or designee may ask for additional briefing from the parties on issues raised on appeal. The president's or designee'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 or designee shall provide a written decision to the party and the student conduct officer within twenty days after receipt of the notice of appeal. The president's or designee's decision shall be final and shall include a notice of any rights to request reconsideration and/or judicial review.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-145, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-150 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 warning the respondent that their privilege to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-150, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-155 Classroom misconduct and authority to suspend for no more than one day.

(1) Faculty members have the authority to take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of students in fulfilling the objectives of the course.

(2) Bringing any person, thing, or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard, without the express approval of the faculty member is expressly prohibited.

(3) Faculty members or college administrators have the right to suspend any student from any single class or related activity for no more than one instructional day, if the student's misconduct creates disruption to the point that it is difficult or impossible to maintain the decorum of the class, related activity, or the learning and teaching environment. The faculty member or college administrator shall report this suspension to the student conduct officer or designee on the same day of the suspension. In consultation with the faculty member, the student conduct officer may set conditions for the student upon return to the class or activity.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-155, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-160 Sexual misconduct proceedings.

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-160, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-200 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with Clark College's standard disciplinary procedures, WAC 132N-126-005 through 132N-126-155, these supplemental procedures shall take precedence. The college may, at its own discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-200, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-205 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, Clark College may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sexual harassment."

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

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

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-205, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-210 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

(2) For purposes of this supplemental procedure, an "educational program or activity" is defined as locations, events, or circumstances over which the college exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Clark 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 Clark College from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, WAC 132N-126-025.

(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: RCW 28B.50.140. WSR 21-20-017, § 132N-126-210, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-215 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); and

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

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-215, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-220 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 132N-126-100. 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 Clark College intends to offer the evidence at the hearing.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-220, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-225 Rights of parties.

(1) Clark College's student conduct procedures, WAC 132N-126-100 through 132N-126-155, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-225, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-230 Evidence.

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

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-230, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-235 Initial order.

(1) In addition to complying with WAC 132N-126-130, 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 Clark College's educational programs or activities; and

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-235, filed 9/23/21, effective 10/24/21.

Wash. Admin. Code § 132N-126-240 Appeals.

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-20-017, § 132N-126-240, filed 9/23/21, effective 10/24/21.

Chapter 132N-128 Faculty tenure.

Wash. Admin. Code § 132N-128-122 General statement of policy.

It is the policy of the board of trustees of Washington Community College District No. 14 that all matters relating to tenure and dismissals of academic employees shall be governed by the laws of the state of Washington and the terms of the negotiated agreement between the board and the duly elected academic employee bargaining agent as contained in that agreement.

History

Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 91-23-004, § 132N-128-122, filed 11/7/91, effective 12/8/91.

Chapter 132N-150 College facilities.

Wash. Admin. Code § 132N-150-010 General—Use of college facilities.

The college is committed to providing quality educational and cultural services to the college district. On this basis, college facilities are made available for use by organizations conducting educational, cultural, civic, or community activities. College-related activities of public educational, cultural, civic, or community service nature are given first priority consideration for the use of college facilities.

College facilities may be rented by for-profit, private, or not-for-profit entities, provided that the activity does not conflict with college functions and that charges reflecting the full cost of the facility usage are paid.

College facilities may not be used in ways that interfere with the college's teaching, research, public service, or support programs; conflict with published rules or regulations; or interfere with the flow of pedestrian or vehicular traffic.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-010, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-020 Nondiscrimination.

The college reserves the right to deny an application by any group, organization, or individual that discriminates in membership or limits participation in a manner inconsistent with the college's nondiscrimination policy.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-020, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-030 Administrative control.

The board of trustees delegates to the president authority to establish policies and procedures for proper review and approval of the use of college facilities, to establish regulations governing such use, and to establish and revise fee schedules for facilities use. Such policies and procedures may include, but are not limited to, building security, advertising or promotion, signage, use of bulletin boards and display racks, and the sale or distribution of retail and public information materials.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-030, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-040 Reservations/fees.

Reservations/fees and financial arrangements are made through the facilities use office and are not final until approved by that office. Exemptions to the published rental fee schedule may be authorized by the president or designee, if deemed to be in the best interests of the college, its faculty, staff, or students.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-040, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-050 Responsibility/hold harmless.

All groups using college facilities must identify one person or representative who is legally responsible for theft, damage, or claims to college equipment and/or facilities. This representative must report any damage or claims to the facilities use office.

Permission to use college facilities is with the express understanding and condition that the individual or organization assumes full responsibility for any loss, damage, or claims resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-050, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-060 Proof of insurance.

When an event in or on college facilities or grounds involves physical activity, or otherwise increases the risk of bodily injury above the level inherent in the facility to be used, the college may require users to furnish proof of liability insurance naming the college as an additional insured, with limits of not less than one million dollars per occurrence, prior to approval for the requested use.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-060, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-070 Occupancy.

At no time may the occupancy of a college facility exceed the maximum occupancy as defined by the fire marshal; the fire, life, and safety code; or as posted by the college.

Building occupants are required to comply with all fire, health, and safety rules and regulations. When a building is occupied, required exits and aisles may not be blocked or rendered inoperable.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-070, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-080 Student occupancy and use.

Students have the right of access to college facilities, subject to ordinary schedules, regulations, and administrative procedures governing each facility. When using college facilities, students have the responsibility to respect regulations and to comply with the spirit and intent of facilitating the educational purposes of the college. Students are subject to WAC 132N-120-065, Denial of access to Clark College.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-080, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-090 Commercial use/solicitation.

The use of college grounds or facilities for commercial or private gain is prohibited except where commercial activity, such as the sale of books, instructional supplies, or food, directly supports an instructional program or purpose or where limited sale is specifically authorized by written permission of the president or designee for the benefit of an approved college activity.

The distribution of materials on college property is subject to reasonable limitations as to time, place, and manner that are consistent with applicable federal and state law. Material that contains or constitutes unprotected speech or expression is not permitted on college property.

Solicitation in or on college-owned or college-operated facilities is expressly prohibited (unless at the specific request of the person or group being solicited) except by written permission of the president or designee, or when conducted pursuant to a contract, lease, or other formal arrangement with the college.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-090, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-100 Bulletin boards.

The college intends bulletin boards to be an effective means of communicating to students and employees important information from the college, college organizations, or public agencies serving students. Bulletin boards are not ordinarily to be used for commercial advertising.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-100, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-110 Campus building exteriors/promotional materials and banners.

Hanging signs, banners, or flyers on campus building exteriors and grounds, or otherwise marking campus surfaces for advertising or promotion, is prohibited. The facilities use office may authorize the use of outside banners at specified locations.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-110, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-120 Responsibility for personal property.

The college is not responsible for loss or damage to personal property brought onto the campus.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-120, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-130 Alcohol consumption.

Consumption of alcoholic beverages in or on college-owned or college-operated facilities is expressly prohibited unless approved by the president or designee.

All groups qualifying for use of alcoholic beverages must adhere to the rules and regulations set forth by the Washington state liquor control board and the Clark College board of trustees.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-130, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-140 Food and beverages.

Consumption of food and beverages may be prohibited in or on certain college facilities or grounds at the option of the administration.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-140, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-150 Children on campus.

Other than usage associated with the college's services for children and families and other specific college-sponsored programs for children, the general policy of the college is that its facilities are not available for unrestricted usage by children under sixteen years of age. In no cases are children permitted in college-owned or college-operated facilities (including the library, food services areas, lounges, and study areas) without supervision by an adult.

Children are not to be left unattended on campus grounds or in vehicles.

Children are permitted in classrooms only with the specific approval of the faculty member responsible for the class, on an emergency basis and for a specified, limited period of time.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-150, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-160 Animals on campus.

All animals (other than laboratory animals) on campus must be under the immediate physical control of the owner at all times, e.g., on leash or carried. Animals cannot be tied to buildings or fixtures, left unattended, or permitted to run at large on campus. Animals must remain outside campus buildings, with the exception of guide or service dogs and laboratory animals. Large animals are not allowed on campus grounds unless specifically approved by the president. A formal complaint may be filed with Clark County animal control authorities against violators of these rules.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-160, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-170 Climbing on college buildings.

College buildings, structures, and grounds may not be used for climbing, rappelling, jumping, or other such activities.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-170, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-180 Electronic devices.

Radio transmitters, bull horns, amplifiers, and other electronic devices that disrupt college programs or operations are prohibited on college property.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-180, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-190 Fireworks.

The use or discharge of fireworks as defined in RCW 70.77.126, Definitions—"Fireworks," is prohibited on or in facilities and grounds owned or operated by the college except in limited areas designated by the president or designee.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-190, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-200 Overnight use.

No person shall remain overnight on or in college property or facilities without the express written permission of the president or designee. This policy does not apply to employees specifically directed by their supervisors to work a graveyard shift. Individuals remaining on or in college property or facilities overnight must contact the security/safety office.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-200, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-210 Temporary structures.

The erection of tents, awnings, canopies, or similar structures must be cleared with the security/safety office.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-210, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-220 Recreational devices.

The use of skateboards, snowmobiles, roller skates, snow sleds, snow boards, scooters, roller blades, and other recreational devices that present a safety hazard or have the potential to damage college property is prohibited.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-220, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-230 Smoking.

The inhaling, exhaling, burning, or carrying of any lighted smoking equipment, including cigarettes, cigars, or pipes, is prohibited in the interior of all buildings and vehicles owned or operated by the college. The use of other tobacco products, such as smokeless or chewing tobacco, in college facilities is also prohibited. In addition, smoking is prohibited at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-230, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-240 Weapons on campus.

Weapons, unless otherwise permitted by law, are not permitted on the college campus, at any other facilities leased or operated by the college, or at any activity under the administration or sponsorship of the college.

Exceptions to this policy are permitted when the weapon is used in conjunction with an approved college instructional program or is carried by a duly commissioned law enforcement officer or campus security officer.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-240, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-250 Denial/revocation.

The college reserves the right to deny any application or to revoke any rental agreement at any time if actions resulting from the application or permission constitute unlawful activity or, in the judgment of the administration, present imminent danger or unlawful activity; or if a prospective user has previously violated the provisions of rules and regulations of the college; or if activities, in the judgment of the president or designee, conflict with, directly compete with, or are incompatible with the programs or mission of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-250, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-260 Denial/trespass.

When faced with a situation that he/she judges to be disruptive to the order of the college, to impede the movement of persons or vehicles, or to interfere with the ingress and/or egress of persons from college facilities, the president or designee has the authority to: Advise individuals or groups of the specific nature of any violation; request such individuals to leave college premises; or prohibit the entry or withdraw the license, privilege, or permit of any individual or group to enter or remain in or on any portion of a college facility. Individuals who persist in disruptive or unlawful conduct or remain upon college premises will be subject to arrest under chapter 9A.52 RCW, Burglary and trespass.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-260, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-270 Violation and/or termination of facilities use agreement.

The college, at its discretion, has the right to cancel and terminate a contract or revoke any permit for facilities use immediately and without notice upon its discovery of a violation of any term, condition, or provision listed within college procedures. Individuals in violation will be advised of the specific nature of the violation. If they persist in the violation, they will be requested to leave college property. Failure to comply with the request to leave may subject such individuals to arrest under provisions of the criminal trespass statute or other applicable laws and civil sanctions.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-270, filed 1/31/02, effective 3/3/02.

Wash. Admin. Code § 132N-150-280 Appellant process.

A facilities use decision may be appealed to the vice president of administrative services. This section applies only if a specific appeal procedure has not otherwise been provided, e.g., chapter 132N-156 WAC, Parking and traffic rules and regulations, or chapter 132N-120 WAC, Code of student conduct.

Upon receipt of an appeal, the vice president will conduct a brief adjudicative proceeding.

History

Statutory Authority: RCW 28B.50.140. WSR 02-04-068, § 132N-150-280, filed 1/31/02, effective 3/3/02.

Chapter 132N-153 First amendment activities for Community College District 14.

Wash. Admin. Code § 132N-153-010 Title.

WAC 132N-153-010 through 132N-153-150 shall be known as use of Community College District 14 facilities by college groups and noncollege groups for first amendment activities.

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-010, filed 11/21/18, effective 12/22/18
WSR 12-19-020, § 132N-153-010, filed 9/7/12, effective 10/8/12.

Wash. Admin. Code § 132N-153-100 Definitions.

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-100, filed 11/21/18, effective 12/22/18.

Wash. Admin. Code § 132N-153-110 Statement of purpose.

Clark Community College District 14 is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities to which the college's facilities and grounds are dedicated. Accordingly, the college designates the common areas of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy. Groups or individuals who are invited or permitted to engage in first amendment activities at the college do not represent an endorsement by Clark College or the board of trustees.

The purpose of the time, place and manner regulations set forth in this procedure is to establish procedures and reasonable controls for the use of college facilities. 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 seeking to assemble in common areas of the campus for expressive activity. 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 has designated certain facilities as public use areas open to noncollege groups as set forth herein.

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-110, filed 11/21/18, effective 12/22/18.

Wash. Admin. Code § 132N-153-120 Use of facilities.

(1) Subject to the regulations and requirements of this policy, groups may use the college's limited forums for expressive activities between the hours of 7:00 a.m. and 10:00 p.m.

(2) Groups are encouraged to notify the college safety and security department no later than twenty-four hours in advance of an event. However, unscheduled events are permitted so long as the event does not materially disrupt any other function occurring at the facility.

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

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

(5) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events.

(6) The event must not create safety hazards or pose unreasonable safety risks to college students, employees or invitees to the college.

(7) The event must not substantially and materially 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.

(8) The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.

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

(10) 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.

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

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-120, filed 11/21/18, effective 12/22/18.

Wash. Admin. Code § 132N-153-130 Additional requirements for noncollege groups.

(1) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. When renting college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy. When the college grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

(2) Noncollege groups may otherwise use college facilities for expressive activity as identified in this procedure.

(3) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for expressive activity on campus:

(a) The public use areas may be scheduled. Scheduled groups have priority of use over unscheduled groups:

(i) On the college's main campus, the limited public forum is located on the circle pad approximate to the sun dial.

(ii) A secondary location is available on the lawn area south of the Japanese garden.

(iii) The limited public forum at Clark College at the Columbia Tech Center is the circle pad west of the main entry door.

(iv) The limited public forum location at the Clark Center at WSU Vancouver will be determined by WSU Vancouver policy.

(b) Please contact the vice president of administrative services for more information.

(4) Noncollege groups that seek to engage in expressive activity on the designated public use area(s) are encouraged to provide notice to the college safety and security office no later than twenty-four hours prior to the event, along with the following information solely to ensure:

(a) The area is not otherwise scheduled; and

(b) To give the college an opportunity to assess any security needs:

(i) The name, address, and telephone number of a contact person for the individual, group, entity or organization sponsoring the event;

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-130, filed 11/21/18, effective 12/22/18.

Wash. Admin. Code § 132N-153-140 Distribution of materials.

College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site designated for noncollege groups. The sponsoring organization is encouraged, but not required to include its name and address on the distributed information. Postings must be date stamped and may be displayed no longer than thirty calendar days.

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-140, filed 11/21/18, effective 12/22/18.

Wash. Admin. Code § 132N-153-150 Trespass.

(1) Noncollege groups who violate these rules, any provision of the conduct code, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the college president or designee to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under the criminal trespass provisions of chapter 9A.52 RCW or municipal ordinance.

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

(3) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administration or designee within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice president of administrative services or designee will be the final decision of the college and should be issued within five work days.

History

Statutory Authority: RCW 28B.50.140. WSR 18-23-120, § 132N-153-150, filed 11/21/18, effective 12/22/18.

Chapter 132N-156 Parking and traffic rules and regulations.

Wash. Admin. Code § 132N-156-300 Purpose.

The parking and traffic rules and regulations contained herein provide a fair and uniform method of regulating college vehicular, nonvehicular, and pedestrian traffic and are based on the following objectives:

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

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

(3) To minimize traffic disturbances during class hours.

(4) To facilitate the work of the college by assuring access for college vehicles and by assigning the limited parking spaces to the most efficient use.

(5) To protect college facilities.

Permission to park or operate a vehicle on college property is governed by these regulations. The purchase of a permit for designated parking does not ensure the regular availability of a parking space.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-300, filed 9/28/00, effective 10/29/00. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-300, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-300, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-300, filed 9/18/87.

Wash. Admin. Code § 132N-156-310 Authority.

Pursuant to RCW 28B.50.140(10) the board is granted authority to establish rules and regulations for pedestrians and vehicular and nonvehicular traffic over property owned, operated, and/or maintained by the college.

The enforcement of these rules and regulations shall be the responsibility of the security and safety department.

Security personnel are authorized to issue parking and traffic citations, impound and/or immobilize vehicles, and control and regulate facilities use, traffic, and parking as prescribed in these rules and regulations.

Any person interfering with college security personnel in the discharge of the provisions of these rules and regulations shall be in violation of RCW 9A.76.020, Obstructing governmental operation, and may be subject to arrest by a peace officer.

Failure by students to abide by these rules and regulations may be considered to be a violation of the code of student conduct (chapter 132N-120 WAC, as applicable).

Compliance with these rules and regulations is considered a standard part of job performance for all employees. Failure by faculty or staff of the college to abide by these rules and regulations may result in disciplinary action or other authorized sanctions.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-310, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-310, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-310, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-310, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-310, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-310, filed 9/18/87.

Wash. Admin. Code § 132N-156-320 Definitions.

College - Clark College, Community College District 14.

College property - Campus property, parking lots, or land owned, leased, controlled or maintained by Clark College.

Immobilization - Rendering a vehicle inoperable by use of a wheel-lock device.

Impoundment - Removal of a vehicle to a storage facility.

Pedestrian - Any person afoot or who is using a wheelchair, including powered wheelchairs commonly used by the disabled or infirm, or a means of conveyance propelled by human power other than a bicycle.

Student - Any individual currently registered for classes at the college.

Vehicular traffic or vehicles - Those devices defined as "vehicles" in RCW 46.04.670.

Nonvehicular modes of transportation - Nonvehicular transportation devices shall include, but not be limited to, skateboards, snowmobiles, roller skates and roller blades, snow sleds, and scooters.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-320, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-320, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-320, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-320, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-320, filed 9/18/87.

Wash. Admin. Code § 132N-156-330 Liability of the college.

The college assumes no liability for vehicles parking or traveling on college property, nor shall it be held responsible for the loss of goods or property from vehicles parked on college property.

The college, the security and safety department, security personnel, or other employees or agents shall not be held liable for any damages, claims, or losses occurring to or from vehicles or equipment when rendering motorist assistance, impounding vehicles, or performing any duties as described in these rules and regulations. This section also applies to nonvehicular modes of transportation.

The college provides only limited maintenance to college parking lots during periods of inclement weather. Persons using the college parking lots do so at their own risk. The college will not be responsible for any liability or damage claims arising from weather or other natural disaster-related causes or conditions.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-330, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-330, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-330, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-330, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-330, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-330, filed 9/18/87.

Wash. Admin. Code § 132N-156-400 Authorized use of facilities.

Only those vehicles as defined and regulated in RCW 46.04.670 and as defined herein, may be operated in parking lots or in traffic areas by licensed drivers. No vehicle, with the exception of nonmotorized bicycles, wheelchair conveyances, and certain maintenance vehicles, may be operated on intracampus property, pathways, or sidewalks without the specific permission of the security and safety department.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-400, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-400, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-400, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-400, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-400, filed 9/18/87.

Wash. Admin. Code § 132N-156-410 Vehicle speed limitations.

No vehicle shall be operated on the campus in excess of 10 miles per hour. When safety circumstances dictate, a speed less than 10 miles per hour should be maintained.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-410, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-410, filed 9/18/87.

Wash. Admin. Code § 132N-156-420 Regulatory signs and directions.

Drivers of vehicles shall obey regulatory signs and markings at all times and shall comply with directions given by security personnel in the control and regulation of traffic and parking.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-420, filed 11/9/21, effective 12/10/21. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-420, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-420, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-420, filed 9/18/87.

Wash. Admin. Code § 132N-156-430 Pedestrian right of way.

The operator of a vehicle shall yield the right of way, slowing down or stopping if need be, to any pedestrian crossing any street, roadway, fire lane, or pathway with or without a marked crosswalk.

Whenever any vehicle is stopped at a marked crosswalk, unmarked crosswalk, intersection or any other place in order to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the yielding vehicle.

History

Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-430, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-430, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-430, filed 9/18/87.

Wash. Admin. Code § 132N-156-440 Traffic accidents.

Persons involved in traffic accidents on college property are to report the accident to the security and safety department. Security personnel will investigate the incident and, in the case of injury, extensive property damage, apparent criminal activity, or unusual circumstances, file an accident report with the appropriate law enforcement agency with 24 hours in accordance with RCW 46.52.030. Security personnel are authorized to obtain and share with all parties to an accident information on the insurance coverage of the parties.

Nothing in this section should be interpreted so as to delay the immediate reporting of traffic accidents which involve injury or loss of life to appropriate noncollege authorities.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-440, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-440, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-440, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-440, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-440, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-440, filed 9/18/87.

Wash. Admin. Code § 132N-156-450 Traffic offenses.

When safety considerations warrant, security personnel may issue a citation for any of the following traffic offenses:

(1) Failure to yield right of way (posted).

(2) Failure to yield right of way to pedestrian.

(3) Failure to yield right of way to vehicle.

(4) Failure to obey one-way directional arrows.

(5) Failure to yield right of way to emergency vehicle.

(6) Driving with excessive speed.

(7) Failure to stop at traffic signal/sign.

(8) Failure to use due care and caution.

(9) Driving without lights after dark.

(10) Having a passenger or animal outside of vehicle while in motion.

(11) Driving with an obstructed view.

(12) Driving on shoulder, or sidewalk or intracampus sidewalk or lane without authorization.

(13) Disobeying flagger, peace officer, security personnel, firefighter, or other agent of the college.

(14) Damaging college property including, but not limited to, landscape and plant material, curbs, sidewalks, utilities, etc.

(15) Driving while under the influence of intoxicants or with an open container of intoxicants.

(16) Allowing an unattended vehicle to roll, obstruct traffic, or damage property.

(17) Driving while distracted. Fines associated with traffic offenses shall be set and approved by the board, or its designee in accordance with WAC 132N-156-700. Students that commit traffic offenses may be referred to student conduct for violations of the code of student conduct, chapter 132N-125 WAC.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-450, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-450, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-450, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-450, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-450, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-450, filed 9/18/87.

Wash. Admin. Code § 132N-156-460 Bicycles and nonvehicular transportation usage.

Bicycles may be ridden any place where vehicles are permitted. They may also be ridden on campus sidewalks or pathways, though pedestrians always have the right of way. An audible signal shall be used by bicyclists to warn pedestrians of oncoming bicycles. Bicyclists shall not ride in a reckless manner or engage in stunts or dangerous acts, or operate at speeds greater than 10 miles per hour or such lower speed as is reasonable and prudent under the circumstances. With the exception of wheelchair conveyances and certain college service vehicles, no other nonvehicular modes of transportation as specified in the preceding "definitions" will be allowed on college property.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-460, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-460, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-460, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-460, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-460, filed 9/18/87.

Wash. Admin. Code § 132N-156-500 Allocation of parking space.

The parking spaces available on college properties shall be assigned by the executive vice president of operations, or designee, in a manner which will best attain the objectives of these regulations. The facilities services department is authorized to mark various parking areas on college property with numbers or titles or by posting signs, or marking the pavement.

Open parking - Open parking is limited to those parking areas not otherwise marked as reserved for faculty/staff, people with disabilities, special use, service vehicle, or visitor. Users of open parking are not required to display a parking permit.

Faculty/staff parking - Faculty, staff and administrators using college-owned or leased parking facilities between 7:00 a.m. and 10:00 p.m. Mondays through Fridays during fall, winter, and spring quarters are to purchase parking permits. The purchase of a permit for designated parking does not ensure the regular availability of a parking space.

Faculty/staff parking spaces are marked on the pavement with an F/S. Only college employee vehicles displaying a valid parking permit may park in faculty/staff parking spaces. Faculty/staff parking spaces shall be considered open parking spaces from 5:30 p.m. to 7:00 a.m. and on weekends during fall, winter, and spring quarters, and at all times during summer quarter.

Visitor parking - All visitors, including guests, salespersons, maintenance or service personnel and all other members of the public, may park on college property in open parking, in designated special use visitor zones, or as directed by the security and safety department.

Use of vehicle as habitation - No vehicle or vehicle trailer may be used as a place of habitation on any college facility without permission from the security and safety department.

Accessible parking - Accessible parking spaces, parking spaces for use by a vehicle displaying a valid accessible parking permit, may be occupied only by vehicles displaying a valid temporary parking permit issued by the college or a valid permanent or temporary permit issued by the state of Washington in compliance with RCW 46.16.381 and 46.16.390. Temporary parking permits are available in health services. Valid parking permits issued by other states will be honored.

If all accessible parking spaces are occupied, those with a valid, properly displayed placard or permit may also park in metered parking spaces without paying for time parked in the space. If all accessible parking spaces and metered spaces are occupied, those with a valid, properly displayed placard, or permit, may park in faculty/staff spaces.

Motorcycle parking - Motorcycle parking zones are reserved for motorcycles and motor-driven cycles. Motorcycles are to occupy those areas designated for motorcycle parking specifically.

Service vehicle parking - Service vehicle parking zones are limited to use by authorized college service or contractor vehicles only.

Electric vehicle charging stations – These spaces are for the specific purpose of charging electric vehicles. These areas are designated by green paint on the pavement in accordance with RCW 46.08.185(1). These are not parking spaces. Those using charging stations are expected to remove their vehicles immediately after the vehicle has been charged. The use of charging equipment outside of the designated charging station area is prohibited and is subject to citation and fine.

Meter spaces - There are metered parking spaces located on campus. The meters have marked designated time limits. The meters provide spaces to those individuals who have short-term parking needs on campus. Meter hours are Monday through Thursday, 8:00 a.m. to 5:30 p.m., and Friday 8:00 a.m. to 5:00 p.m.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-500, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-500, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-500, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-500, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-500, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-500, filed 9/18/87.

Wash. Admin. Code § 132N-156-510 Designated and assigned parking.

Vehicles on college property shall park only in those areas set aside and designated as parking areas. No vehicle shall park in any area requiring a special parking permit without said permit.

History

Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-510, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-510, filed 9/18/87.

Wash. Admin. Code § 132N-156-520 Parking within designated areas.

No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been parked so as to require a vehicle attempting to park to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this rule.

History

Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-520, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-520, filed 9/18/87.

Wash. Admin. Code § 132N-156-530 Impounding of disabled/abandoned vehicles.

No disabled or inoperative vehicle shall be parked on college property for a period in excess of 24 hours, unless permission is granted by the security and safety department. Vehicles which have been parked in excess of 24 hours may be impounded and stored at the expense of either or both the owner or operator thereof. Notice of intent to impound will be posted on the vehicle at least 24 hours prior to impoundment unless a vehicle is illegally or hazardously parked. Neither the college nor college employees shall be responsible for claims, loss or damage of any kind resulting from such impounding and storage.

Vehicles under repair in the college's instructional program must be clearly identified and parked in an area designated for these vehicles.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-530, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-530, filed 9/28/00, effective 10/29/00. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-530, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-530, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-530, filed 9/18/87.

Wash. Admin. Code § 132N-156-540 Registered owner responsibility for illegal parking.

Every person in whose name a vehicle is registered (licensed) shall be responsible for any parking of said vehicle and for all offenses, other than moving violations, under these regulations. It shall be no defense that said vehicle was illegally parked or used by another, unless it is clearly established that at such time said vehicle was being used without the consent of the registered owner.

History

Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-540, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-540, filed 9/18/87.

Wash. Admin. Code § 132N-156-550 Illegal parking.

No person shall stop, place, or park a vehicle at any place where official signs, curbs, or pavement markings prohibit parking, or within 15 feet of a fire hydrant, or at any place for which the vehicle does not have a valid parking permit. Any vehicle not parked in a parking stall shall be considered illegally parked.

Drivers who are instructed by a security personnel to move an illegally parked vehicle, and refuse, will have their vehicle immediately impounded or immobilized.

Under the authority granted by RCW 28B.50.140(10), security personnel may issue a citation for parking violations that include the following and any other offenses provided in chapter 46.61 RCW as amended:

(1) Parking in a faculty/staff parking zone without a valid permit.

(2) Parking a disabled or inoperable vehicle on campus in excess of 24 hours without appropriate permission.

(3) Parking any vehicle in such a manner as to obstruct, impede, hinder, or prevent the use of another parking space. This violation includes, but is not limited to, parking over the line, parking an oversized vehicle in a space too small, allowing part of a vehicle to protrude into another space, and parking too close to another vehicle.

(4) Parking in a space not designated for parking.

(5) Parking in an area not authorized.

(6) Blocking vehicular or pedestrian traffic.

(7) Parking within 15 feet of a fire hydrant.

(8) Parking in a fire lane, sidewalk, or intracampus avenue.

(9) Parking in a "No Parking" zone.

(10) Parking on the grass.

(11) Parking overnight without authorization.

(12) Parking of a bicycle illegally.

(13) Parking in accessible parking zone without an authorized parking permit.

(14) Use of a vehicle for habitation without permission.

(15) Illegal use of or failure to display permit.

(16) Creating a safety hazard in the opinion of security personnel.

(17) Allowing a vehicle alarm to sound, repeatedly or for an extended period of time (false alarm).

(18) Parking in a metered parking spot without payment of the meter fee stated on the meter during the posted time limits.

(19) Parking in an area designated as an "Electric Vehicle Charging Station" while not actively charging an electric vehicle.

Illegally parked vehicles which require removal will be done so at the owner's or operator's expense.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-550, filed 11/9/21, effective 12/10/21
WSR 17-22-093, § 132N-156-550, filed 10/30/17, effective 11/30/17. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-550, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-550, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-550, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-550, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-550, filed 9/18/87.

Wash. Admin. Code § 132N-156-560 Hazardous parking.

No person shall stop, place, or park a vehicle so as to obstruct traffic along or upon any street, firelane, or sidewalk or at any location as described in RCW 46.61.570. Due to the severe risk to public safety created by any vehicle parking in violation of this section, security personnel are authorized to cite and immediately impound said vehicle. Security personnel will complete a vehicle impound report, including the reason for the impoundment. Removal and impoundment will be at the owner's or operator's expense.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-560, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-560, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-560, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-560, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-560, filed 9/18/87.

Wash. Admin. Code § 132N-156-570 Bicycle parking.

Bicycles shall be parked in bicycle racks or other facilities provided for the purpose. Bicycles may only be parked inside a building if specific areas (i.e., indoor bicycle lockers) have been provided and are available or if a college employee (faculty or staff) has expressed written permission from their immediate supervisor to park a bicycle inside a building.

Before authorizing an employee to park inside of a building, supervisors must ensure that any bicycles parked inside will not interfere with the daily operations of the work area(s) nor will they obstruct any evacuation or egress routes in any way. Bicycles are not to be taken onto any elevator at any time.

At no time shall a bicycle be parked against a building, near a building exit, on a path or sidewalk, or chained (or otherwise secured) to trees, lamp standards, utilities, stairway railings, or sign posts. Any bicycle found in violation of this section may be cited for illegal parking and impounded by the security and safety department without warning.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-570, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-570, filed 9/28/00, effective 10/29/00. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-570, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-570, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-570, filed 9/18/87.

Wash. Admin. Code § 132N-156-580 Damage to state property.

The full cost of repair/replacement of college property damaged by negligent, reckless or intentional acts or omissions must be paid in addition to assessed fines.

History

Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-580, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-580, filed 10/7/91, effective 11/7/91.

Wash. Admin. Code § 132N-156-600 Faculty and staff parking permits.

All college faculty, staff, and administrators using college parking facilities at any time between 7:00 a.m. and 5:30 p.m. Mondays through Fridays during fall, winter, and spring quarters are to purchase and display a valid parking permit. The fact that an employee may be eligible to park in an accessible parking zone will not relieve the employee of this requirement. A valid faculty/staff parking permit may not, by itself, constitute authority to park in other parking facilities leased or owned by the college.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-600, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-600, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-600, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-600, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-600, filed 9/18/87.

Wash. Admin. Code § 132N-156-610 Permit parking on campus.

The correct parking permit must be properly displayed in accordance with permit instructions.

Temporary parking permits are issued by the security and safety department and must be displayed in accordance with permit instructions.

Parking permits are not transferable and shall not be utilized by any person except the person designated on the parking permit application. The college reserves the right to deny any application, or to revoke any permit at any time, if actions resulting from such application or permission constitute present, imminent danger of unlawful activity, or if a prospective user has previously violated college parking policies or other written rules or regulations. All outstanding college parking fines must be paid before a parking permit will be issued or renewed.

No bailment is created by the sale or issuance of a permit.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-610, filed 11/9/21, effective 12/10/21. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-610, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-610, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-610, filed 9/18/87.

Wash. Admin. Code § 132N-156-620 Fees for parking permits.

The fees charged by the college for the issuance of permits shall be those established by the board of trustees. Parking permits are issued as a license to park at college facilities.

Fees collected will be utilized for parking operations including parking enforcement, parking lot maintenance, security and safety improvements and for those transportation demand management and commute trip reduction activities and programs permitted by law.

Permits are required for fall, winter, and spring quarters. Administrators, exempt staff, permanent classified staff, and tenure-track faculty may acquire permanent permits. Adjunct faculty and temporary classified staff may acquire annual or quarterly permits.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-620, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-620, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-620, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-620, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-620, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-620, filed 9/18/87.

Wash. Admin. Code § 132N-156-630 Parking fee payment.

Unless otherwise authorized by the president of the college or their designee, employees will be given the option of having parking fees deducted on either a pretax or post-tax basis.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-630, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-630, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-630, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-630, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-630, filed 9/18/87.

Wash. Admin. Code § 132N-156-635 Additional permits.

When an additional permit is issued, it is done so under the expressed condition that only one vehicle at a time is being parked on campus. If more than one vehicle is being parked on campus at any one time, full fees must be paid for all vehicles.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-635, filed 11/10/97, effective 12/11/97.

Wash. Admin. Code § 132N-156-640 Temporary parking permits.

Any permit holder may obtain a temporary parking permit from the security and safety department for an unpermitted vehicle when their permitted vehicle is unavailable due to repairs or for other valid reasons. These permits are valid for a period of two weeks.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-640, filed 11/9/21, effective 12/10/21. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-640, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-640, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-640, filed 9/18/87.

Wash. Admin. Code § 132N-156-645 Guest parking permits.

College faculty or staff who have invited a guest speaker, lecturer, presenter, or other special guest to the college may apply to the security and safety department for a guest parking permit. A guest parking permit will entitle the holder to park in faculty/staff parking, and to park in visitor parking without registering, in order to facilitate their appearance at the college. Permits will be valid only for the day(s) specified on the permit. Guest parking permits will not be issued for personal guests of college employees or for staff employed by the college on a temporary basis.

Requestors will provide the security and safety department with the name of the guest and the date, time, place, and nature of appearance at the college. Permits may be picked up at the security and safety department, or security and safety department can mail or email the permit directly to the guest. Staff should apply for guest parking permits far enough in advance of the appearance to allow for delivery of the permit.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-645, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-645, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 132N-156-650 Revocations.

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

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

(2) The permit is used on an unauthorized vehicle or by an unauthorized individual.

(3) A parking permit application form was falsified.

(4) These parking regulations were violated.

(5) The parking permit was counterfeited or altered or transferred without authorization.

(6) Failure to comply with a specific determination, decision, or directive by college officials.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-650, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-650, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-650, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-650, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-650, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-650, filed 9/18/87.

Wash. Admin. Code § 132N-156-700 Policy.

The board of trustees, or its designee, shall set and approve fair and uniform fines for violations of these rules and shall provide adequate means for the enforcement and/or collection of such fines. If a violation of these rules and regulations is committed, the security and safety department is authorized to issue citations as prescribed in these rules.

Any violation occurring after the second citation for any parking violation may result in the violator's vehicle being impounded or immobilized and held until all outstanding citations have been paid and/or the loss of parking privileges on college property/facilities.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-700, filed 11/9/21, effective 12/10/21. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-700, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-700, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-700, filed 9/18/87.

Wash. Admin. Code § 132N-156-710 Payment of fines.

Persons cited for violations of these rules and regulations may respond either by filing a written appeal with the director of security and safety or their designee, or by paying a fine within 15 calendar days of receipt of the citation. All fines are payable to Clark College. Fines can be paid by mail or in person at the cashier's office. Fines that are mailed must be received within 15 calendar days of receipt of the citation. If a person chooses to appeal a citation in accordance with WAC 132N-156-730 Appeals, any imposed fine, whether reduced or not, will not be due until a decision of the appeal has been rendered.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-710, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-710, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-710, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-710, filed 9/18/87.

Wash. Admin. Code § 132N-156-720 Reduction in fines.

Fines for parking and traffic offenses will be reduced by an amount approved by the president of the college or their designee if paid in person within 48 hours, excluding weekends and holidays. No reduction will be made on mail-in payments.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-720, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 97-23-018, § 132N-156-720, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-720, filed 10/4/93, effective 11/4/93. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-720, filed 9/18/87.

Wash. Admin. Code § 132N-156-730 Appeals.

Alleged violators may appeal to the director of security and safety or their designee for a brief adjudicative procedure within 20 calendar days from the date of the citation. The director of security and safety or their designee may uphold the citation/fine, may dismiss, suspend, or reduce the imposed fine, and/or grant an extension of time within which to pay the fine.

Appeals of the decision of the director of security and safety or their designee are to be submitted to the president of the college or their designee within 20 calendar days. Written notification of the president's or their designee's decision shall be made within 20 calendar days of the appeal and shall be final.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-730, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-730, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-730, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-730, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-730, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-730, filed 9/18/87.

Wash. Admin. Code § 132N-156-750 Unpaid fines.

If any fine remains unpaid, any or all of the following actions may be taken by the security and safety department.

(1) Registration for the following quarter may be delayed.

(2) Parking privileges may be revoked.

(3) The amount owed as a result of fines due and payable may be deducted from paychecks of college employees.

(4) Outstanding fines may be referred to a collection agency.

(5) The vehicle may be immobilized or impounded.

These procedures will be applicable to all students, faculty, and staff or other persons utilizing college facilities who receive fines for violations of these rules and regulations. Visitors who have received citations for parking violations may return the citation to the security and safety department with name, address, and a brief explanation. The director of security and safety may, at their discretion, void the citation.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-750, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-750, filed 9/28/00, effective 10/29/00
WSR 97-23-018, § 132N-156-750, filed 11/10/97, effective 12/11/97. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-750, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-750, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-750, filed 9/18/87.

Wash. Admin. Code § 132N-156-760 Special circumstances.

During special circumstances that result in extraordinary traffic conditions and during emergencies, the security and safety department is authorized to impose special traffic and parking regulations that may include additional parking restrictions to mitigate and reduce the risk of inconvenience, personal injury or property damage. Whenever possible, prior notice of these regulations or restriction changes shall be posted. Such authorization is temporary and should last only as long as the situation necessitates.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-760, filed 11/9/21, effective 12/10/21. Statutory Authority: RCW 28B.50.140(10) and chapters 28B.50 and 28B.10 RCW. WSR 93-20-080, § 132N-156-760, filed 10/4/93, effective 11/4/93
WSR 91-21-022, § 132N-156-760, filed 10/7/91, effective 11/7/91. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 87-19-103 (Order 87-02, Resolution No. 87-02), § 132N-156-760, filed 9/18/87.

Wash. Admin. Code § 132N-156-800 Policy.

College faculty or staff who coordinate special events involving the participation of dignitaries from off-campus may request that parking spaces be reserved for those participants on the day of the event. All requests for reserved parking will be made in writing to the office of the president or their designee at least a week in advance. Aside from traffic revisions necessary for construction and maintenance work, the security and safety department will not reserve parking spaces without prior approval from the president's office or their designee.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-800, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-800, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 132N-156-810 Process.

The requesting party will forward a copy of the approved request to the director of security and safety for implementation. After receiving an approved request, the director of security and safety will contact the requesting party to confirm the details and assign the reserved spaces. All attempts will be made to accommodate the needs of the participants and the event, but the final decision on the allocation of spaces rests with the director of security and safety.

Reserved spaces will be established only for arrival of participants to the event.

On the day of the event, the security and safety department will set up barricades or otherwise designate the reserved spaces. Unless other arrangements are made, it will be the responsibility of the requesting party to provide personnel to meet those individuals authorized to park in the reserved spaces and to remove the barricades to allow them to park. If the requesting party wants to have a security personnel supervise the parking spaces, they must make prior arrangements for staffing. Security personnel will be assigned to such duty only if available, and their time will be charged to the requesting party's budget.

History

Statutory Authority: RCW 28B.50.140. WSR 21-23-041, § 132N-156-810, filed 11/9/21, effective 12/10/21. Statutory Authority: Chapter 28B.50 RCW. WSR 00-20-034, § 132N-156-810, filed 9/28/00, effective 10/29/00.

Chapter 132N-160 Administration.

Wash. Admin. Code § 132N-160-010 Admissions, registration, tuition and fees, waivers, and graduation.

This policy establishes a standard set of admission, registration, tuition and fees, waivers, and graduation practices that are necessary and appropriate for the administration of Clark College.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-010, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-020 Definitions.

For the purpose of this code, the following terms are defined:

(1) "Admissions officer" shall mean the designated college administrator for admissions procedures.

(2) "Applicant" shall mean a person seeking admission to Clark College.

(3) "College" shall mean Clark College and any other community college centers or facilities established within Washington State Community College District l4.

(4) "Designee" shall mean a person appointed by an officer or another person designated to perform a function on the appointer’s behalf.

(5) "GED" shall mean the General Educational Development Test of the American Council on Education.

(6) "International students" shall mean applicants or students who are not United States citizens and who need F-1 or M-1 visas to attend Clark College.

(7) "Nonresident students" shall mean students who meet the definition according to RCW 28B.15.012(3).

(8) "Persian Gulf veteran" shall mean a veteran of the Persian Gulf who has documented service in a combat zone as defined by the president during 1991, who qualified as a Washington resident as defined by RCW 28B.l5.0l2(2) on August 1, 1990.

(9) "Registrar" shall mean the designated college administrator for registration and records procedures.

(10) "Resident students" shall mean those students who meet criteria defined in RCW 28B.l5.0l2.

(11) "Student," unless otherwise qualified, shall mean and include any person who is an applicant for admission or an enrolled student of Clark College.

(12) "Veteran" shall mean an applicant or student who is eligible to receive Department of Veterans’ Affairs educational benefits.

(13) "Veterans of Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, to May 7, 1975, who qualify as Washington residents as defined by RCW 28B.l5.012(2).

(14) "Waivers" shall mean those tuition and fee waivers authorized by state law and by the state board for community and technical colleges in accordance with chapter 131-28 WAC and adopted as policy where appropriate by the college board of trustees.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-020, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-030 Admissions policy.

(1) Any applicant shall be admitted when he/she:

(a) Is at least eighteen years of age; or

(i) Is a graduate of a high school or the equivalent; or

(ii) Has applied for admission under the provisions of a student enrollment options program such as running start (chapter 392-169, 131-46, and/or 250-79 WAC) or a successor program.

(b) Is competent to profit from the curricular offerings of the college; and

(c) Would not, by his/her presence or conduct, create a disruptive atmosphere within the college inconsistent with the purposes of the institution.

(2) Admission to the college shall entitle the student to enroll in any instructional program, provided that the student is qualified and complies with the rules and procedures established for enrollment in such program.

(3) In order to assist students in selecting courses and programs appropriate to their needs and interests, and to ensure that students will be able to profit from current curricular offerings or benefit from a particular class, course, or program, the college may require students to meet special admission requirements, take tests, or have special training prior to enrolling.

(4) Enrollment in classes, programs, or sections may be restricted by limitations of physical facilities or operating funds, when consistent with generally accepted educational practices regarding efficient maximum class sizes.

(5) The college reserves the ultimate right to determine admission to the college and/or to certain classes.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-030, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-040 Admission exceptions.

The following guidelines apply to the admission of those students who do not meet the general admission criteria:

(1) Persons under the age of eighteen who have not earned a diploma from a high school or the equivalent may be admitted to college-level classes and some vocational classes on a space-available basis, except as in subsection (2) of this section.

(2) Persons who meet the requirements of the running start program (chapter 392-169, 131-46, and/or 250-79 WAC) may enroll in most college-level classes and selected vocational classes if such classes have student spaces open at the time of running start registration. Students must meet program eligibility requirements and deadlines to participate.

(3) Students age sixteen and over who meet the provisions of "Title III - Adult Education Programs" (Adult Education Act, 20 U.S.C. secs. 1201 et seq.) may enroll in certain basic education classes. Persons admitted into such classes (basic skills, academic support, and/or remedial) will be allowed to continue as long as they demonstrate, through measurable academic progress, an ability to benefit.

(4) Applicants in subsections (1), (2), and (3) of this section, above, must demonstrate sufficient maturity and academic ability or skill to compete with college students. Applicants under the age of sixteen may be required to follow the designated college procedures for admission.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-040, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-050 Residency.

(1) Students who meet the definition of resident students according to RCW 28B.15.012(2) shall be classified as resident students. Students not eligible for residency classification will be classified as nonresident students.

(2) Students who have questions about their classification must complete a residency questionnaire and submit the necessary documentation to the college admissions officer. The college admissions officer will review the questionnaire and will notify the student in writing of the decision within one week.

(3) Students are responsible for registering under the proper residency classification.

(4) Appeals to residency classification will be reviewed by the vice president of student services, in a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-050, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-060 Tuition and fees, waivers.

(1) Tuition is based on residency requirements (WAC 132N-160-050) and upon chapter 28B.15 RCW, College and university fees. Tuition is set by the Washington state legislature and subject to change. The current tuition fee schedule is listed in the quarterly class schedule.

(2) Some course enrollments may also require payment of lab or course fees in addition to or instead of tuition. These fees cover costs such as those associated with consumable supplies, computer software upgrading, and technical lab assistance.

(3) Clark College may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC.

(a) Information regarding specific waivers will be available in the schedule of classes and from the registration office.

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

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-060, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-070 Refunds.

Refunds resulting from official withdrawal from courses will be computed as follows for state supported courses:

(1) First-time students receiving federal financial aid who officially withdraw from classes shall be provided a pro rata refund in accordance with federal guidelines.

(2) A refund of tuition and fees will be made to all other students officially withdrawing from the college according to the following schedule:

(a) One hundred percent of the amount paid if an official withdrawal form is received in the registration office during the first five business days of the quarter (Monday through Friday).

(b) One hundred percent of the amount paid for a course canceled by the college.

(c) Fifty percent of the total amount paid if an official withdrawal form is received in the registration office between the sixth business day and the twentieth calendar day of the quarter.

(3) No refund will be made after the twentieth calendar day of the quarter. Exceptions may be made for students inducted into military service or for medical or emergency reasons.

(4) Refunds for summer quarter, late starting, and condensed courses will be determined by the registrar in keeping with a prorated schedule of the college's regular refund policy.

(5) Fees, other than tuition and services and activities fees, not subject to this policy, are not refundable.

(6) Students dismissed for disciplinary reasons are not eligible for refunds.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-070, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-080 Graduation.

(1) Students may complete their degree under the requirements set forth in any catalog issued during their attendance at Clark College. No catalog will be valid for more than seven years. Any student not enrolled for two years or more must complete the requirements of the catalog in effect at the time of reentry or later enrollment.

(2) To qualify for more than one degree, a student must complete all requirements for the first degree and complete all specific program requirements for the additional degree.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-080, filed 7/12/99, effective 8/12/99.

Wash. Admin. Code § 132N-160-090 Appeals.

(1) Students have the right to appeal admission, registration, waiver, refund, and graduation decisions. All appeals must be submitted in writing within two quarters of the initial decision. Students are entitled to two levels of appeal:

(a) Admission decisions are appealed at the first level to the college admissions officer and at the second level to the vice president of student services or, in the case of applicants under the age of sixteen, to the vice president of instruction.

(b) Registration, waivers, and tuition and fee decisions are appealed at the first level to the registrar and at the second level to the vice president of student services.

(c) Decisions regarding issuing of degrees, certificates, or diplomas are appealed at the first level to the academic standards committee and at the second level to the vice president of student services.

(2) The student must initiate an appeal at the first level. If the student is not satisfied with the appeal at the first level, he/she may submit an appeal at the second level.

(3) Appeals to admissions, registration, waiver, tuition and fee determinations will be reviewed by the vice president of student services, in a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494. The results of a second level appeal are final.

(4) Students may expect a written response to an appeal within ten working days.

History

Statutory Authority: RCW 28B.50.140. WSR 99-15-017, § 132N-160-090, filed 7/12/99, effective 8/12/99.

Chapter 132N-276 Public records.

Wash. Admin. Code § 132N-276-005 Board policy statement—Public records.

The college shall be responsible for the efficient and proper disclosure of public records as required by the laws and regulations of the state of Washington. Public records information shall include fully detailed administrative procedures. The board delegates to the president or designee the responsibility to appoint a public records officer who shall administer the process.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-005, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-005, filed 8/29/77.

Wash. Admin. Code § 132N-276-010 Administrative procedures—Purpose.

The purpose of this section shall be to ensure compliance by the college with the provisions of the state law dealing with public records.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-010, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-010, filed 8/29/77.

Wash. Admin. Code § 132N-276-020 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 letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated, magnetic or punched cards, disks, drums and other documents.

(3) Community College District 14 is an agency organized by statute pursuant to chapter 28B.50 RCW. Community College District 14 shall hereinafter be referred to as the "college." Where appropriate, the term "board" refers to the board of trustees of the district.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-020, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-020, filed 8/29/77.

Wash. Admin. Code § 132N-276-030 Description of central and field organization of the college.

The college is a community college district organized under RCW 28B.50.040. The administrative office of the college and its staff are located at Clark College, 1800 E. McLoughlin Blvd., Vancouver, WA 98663-3598.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-030, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-030, filed 8/29/77.

Wash. Admin. Code § 132N-276-040 Operations and procedures.

The college is established under chapter 28B.50 RCW to implement the educational purposes established by chapter 28B.50 RCW. The college is operated under the supervision and control of a board of trustees. The board of trustees is made up of five members, each appointed by the governor to a term of five years. The board usually meets once a month in regular session on a date and at a time and place specified by public notice and at such special meetings as are announced by public notice. On occasion, the board may not meet at all in a particular calendar month. At such time the trustees exercise the power and duties granted them under law.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-040, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-040, filed 8/29/77.

Wash. Admin. Code § 132N-276-050 Public records available.

All public records of the college, as defined in WAC 132N-276-020 are available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310, 42.17.315, 42.17.260(1), and WAC 132N-276-100.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-050, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-050, filed 8/29/77.

Wash. Admin. Code § 132N-276-060 Public records officer.

The college's public records shall be in the charge of the public records officer designated by the president. The person so designated is the dean of administrative services of the college. The public records officer shall be responsible for the implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, and generally ensuring compliance by the staff with the public records disclosure requirements of RCW 42.17.250 through 42.17.340.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-060, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-060, filed 8/29/77.

Wash. Admin. Code § 132N-276-070 Office hours.

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-070, filed 5/31/96, effective 7/1/96. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 89-12-024 (Order 89-01, Resolution No. 89-01), § 132N-276-070, filed 5/31/89
Order 77-3 d, § 132N-276-070, filed 8/29/77.

Wash. Admin. Code § 132N-276-080 Requests for public records.

In accordance with the requirements of RCW 42.17.250 through 42.17.340 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing by completing a request for public records form which is available at administrative services. The form shall be presented to the public records officer during customary office hours or mailed to:

Administrative Services

Clark College

1800 E. McLoughlin Blvd.

Vancouver, WA 98663-3598

The request shall include the following information:

(a) The name of the person requesting the records or, alternatively, how the request should be directed.

(b) The time of day and calendar date of the request.

(d) If the matter requested is referenced within an index maintained by the public records officer, a reference to the requested records as described in such index.

(e) If the requested matter is not identifiable by reference to an index, an appropriate description of the records is requested.

(2) The public records officer shall reply to written requests within five business days of receipt of the request by either:

(a) Providing copies of the requested records;

(b) Acknowledging receipt of the request and providing a reasonable estimate of the time the college will require to respond; or

(c) Denying the public records request. Denials of requests for public records will be accompanied by a written statement specifying the reason for denial.

(3) Additional time to respond to a request should be based on the public records officer's need to ask that the requestor clarify the intent of the request, to locate and assemble the information, to notify third persons or agencies who are the subject of or affected by the request, or to determine whether any of the information requested is exempt. If the requestor fails to clarify the request, the college need not respond to it.

(4) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public records requested.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-080, filed 5/31/96, effective 7/1/96. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 89-12-024 (Order 89-01, Resolution No. 89-01), § 132N-276-080, filed 5/31/89
Order 77-3 d, § 132N-276-080, filed 8/29/77.

Wash. Admin. Code § 132N-276-090 Copying.

(1) No fee shall be charged for the inspection of public records. The college will apply the following copy fees and payment procedures to requests to the college under chapter 42.56 RCW.

(2) Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The college does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) The college will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The college will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the college are summarized in the fee schedule.

(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

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

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

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

(7) Payment should be made by check or money order to Clark College.

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, 42.56.120 (as amended by 2017 c 304). WSR 17-22-094, § 132N-276-090, filed 10/30/17, effective 11/30/17. Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-090, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-090, filed 8/29/77.

Wash. Admin. Code § 132N-276-100 Exemptions/exceptions.

(1) The college reserves the right to determine that public records requested in accordance with the procedures outlined in WAC 132N-276-080 are exempt under the provisions of RCW 42.17.310, 42.17.315, 42.17.260(1).

(2) In addition, pursuant to RCW 42.17.260, the college reserves the right to delete identifying details when it makes available or publishes any public records in any cases when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy protected by state law or would impair a vital governmental interest. The public records officer will fully justify such deletion in writing.

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

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-100, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-100, filed 8/29/77.

Wash. Admin. Code § 132N-276-110 Review of denials of public records requests.

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

(2) Immediately after receiving a written request for review of a decision denying public records, the public records officer or other staff member denying the request shall refer it to the president of the college. The president or designee shall consider the college's obligation to comply with the intent of chapter 42.17 RCW, the exemptions provided in RCW 42.17.310 or other pertinent statutes, and the statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. The president or designee shall complete the review within two business days after receiving the written request for review of the decision denying a public record.

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

(4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial, should be sent to:

Office of Attorney General

Public Records Review

P.O. Box 40100

Olympia, Washington 98504-0100

The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-110, filed 5/31/96, effective 7/1/96. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 89-12-024 (Order 89-01, Resolution No. 89-01), § 132N-276-110, filed 5/31/89
Order 77-3 d, § 132N-276-110, filed 8/29/77.

Wash. Admin. Code § 132N-276-120 Protection of public records.

Requests for public records shall be made at the administrative services office of the college. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designed for their inspection. Copies shall be made at the college. If copying facilities are not available at the college, the college will arrange to have copies made commercially.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-120, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-120, filed 8/29/77.

Wash. Admin. Code § 132N-276-130 Records index.

The college shall make available for public inspection and copying all indexes maintained for college use under the same rules and the same conditions as applied to public records.

The office of the president shall maintain indexes of orders, board resolutions by number, and board actions by date and subject. The administrative services office shall maintain indexes of board policies and administrative procedures by reference number and subject.

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-130, filed 5/31/96, effective 7/1/96. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 89-12-024 (Order 89-01, Resolution No. 89-01), § 132N-276-130, filed 5/31/89
Order 77-3 d, § 132N-276-130, filed 8/29/77.

Wash. Admin. Code § 132N-276-140 Adoption of form.

The college hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form attached hereto as Appendix A, entitled "Request for public record(s)."

History

Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-140, filed 5/31/96, effective 7/1/96
Order 77-3 d, § 132N-276-140, filed 8/29/77.

Wash. Admin. Code § 132N-276-150 Appendix A—Form—Request for public record(s).

Request for Public Record(s)	Clark College Administrative Services
This form is to be used to initiate a request for copying or inspection of public records as prescribed in RCW 42.17.250 through 340. The form is to be completed and sent to the Clark College Administrative Services Dept.
Name (Please Print)		Signature
Name of Organization (If Applicable)		Phone Number
Mailing Address
Date and Time Request Made
Record(s) Requested:


Will this information be used for commercial purposes? Yes _______ No _______
Instructions for Receipt of Record(s)

. . . .
(To be completed by Public Records Officer)
Date and Time Request Received
	[ ]	All records subject to the request are provided with this response.
[ ]	The College will need days to respond to the request based on the following reason(s):
	[ ]	The intent of your request needs to be clarified:	(Specific questions should be included here; e.g., what
time period? Does the request include personal information?)


	Note: Failure to clarify the request will mean no further response).
[ ]	To locate and assemble the records.
[ ]	To notify third persons or agencies affected by the request.
[ ]	To determine whether any of the information request is exempt and that a denial should be made as to all or part of the request.

[ ]	The request is denied based on the following exemption(s):


You may obtain review of the decision denying inspection by presenting a written request for review along with the written statement which sets forth the basis for denial to the President. The President’s review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action for the purpose of judicial review.
	, Public Records Officer
Date and Time of Response:
Acknowledgment of receipt:
		Date:
	ADB 2233 10/23/95

History

]All records subject to the request are provided with this response.[ ]The College will need days to respond to the request based on the following reason(s): [ ]The intent of your request needs to be clarified:(Specific questions should be included here
e.g., whattime period? Does the request include personal information?) Note: Failure to clarify the request will mean no further response).[ ]To locate and assemble the records.[ ]To notify third persons or agencies affected by the request.[ ]To determine whether any of the information request is exempt and that a denial should be made as to all or part of the request. [ ]The request is denied based on the following exemption(s): You may obtain review of the decision denying inspection by presenting a written request for review along with the written statement which sets forth the basis for denial to the President. The President’s review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action for the purpose of judicial review. , Public Records Officer Date and Time of Response: Acknowledgment of receipt: Date: ADB 223310/23/95[Statutory Authority: RCW 28B.50.140 and 42.17.250(1). WSR 96-12-041, § 132N-276-150, filed 5/31/96, effective 7/1/96. Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 89-12-024 (Order 89-01, Resolution No. 89-01), § 132N-276-150, filed 5/31/89
Order 77-3 d, § 132N-276-150, filed 8/29/77.

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

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

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

History

Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 90-22-049, § 132N-400-010, filed 11/2/90, effective 12/3/90.

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

Notwithstanding any 132N WAC to the contrary, any student notified of a claimed violation of WAC 132N-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the dean of students within three days of receipt of a 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: Chapters 28B.50 and 28B.10 RCW. WSR 90-22-049, § 132N-400-020, filed 11/2/90, effective 12/3/90.

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

Notwithstanding any 132N WAC to the contrary, if a timely written request for a hearing is made, the dean of students shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482.494.

History

Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 90-22-049, § 132N-400-030, filed 11/2/90, effective 12/3/90.

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

Notwithstanding any WAC 132N to the contrary, 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 dean of students.

History

Statutory Authority: Chapters 28B.50 and 28B.10 RCW. WSR 90-22-049, § 132N-400-040, filed 11/2/90, effective 12/3/90.