Title 132p WAC — Yakima Valley Community College

Chapter 132P-24 Criminal trespass.

Wash. Admin. Code § 132P-24-010 Purpose.

The board of trustees of Community College District No. 16 adopt the following rules to implement the criminal trespass law of the state of Washington.

History

Order 4-69, § 132P-24-010, filed 9/4/69
Emergency Order 3-69, § 132P-24-010, filed 8/1/69
Emergency Order 1-69, § 132P-24-010, filed 5/2/69.

Wash. Admin. Code § 132P-24-020 Definition.

The term "building" as used in these rules shall mean any building or structure situated on the campus of Yakima Valley College or used by and which is under the control and supervision of Yakima Valley College District No. 16.

History

Order 4-69, § 132P-24-020, filed 9/4/69
Emergency Order 3-69, § 132P-24-020, filed 8/1/69
Emergency Order 1-69, § 132P-24-020, filed 5/2/69.

Wash. Admin. Code § 132P-24-030 Hours.

All buildings shall be closed to students and the public before and after regular school hours, which shall be determined by the president, except for those times and for those purposes approved by the president, or in his absence, his designee.

History

Order 4-69, § 132P-24-030, filed 9/4/69
Emergency Order 3-69, § 132P-24-030, filed 8/1/69
Emergency Order 1-69, § 132P-24-030, filed 5/2/69.

Wash. Admin. Code § 132P-24-040 Roof tops.

No person or persons shall at any time go on the roof of any building without the express consent of the president, or in his absence, his designee.

History

Order 4-69, § 132P-24-040, filed 9/4/69
Emergency Order 3-69, § 132P-24-040, filed 8/1/69
Emergency Order 1-69, § 132P-24-040, filed 5/2/69.

Wash. Admin. Code § 132P-24-050 Obstructions of entrances or hallways.

No person or persons shall obstruct the entrances or exits of any of the campus parking lots, or any building, or erect any barrier which would prevent the free ingress and free egress of people to and from the parking lots, buildings, or rooms situated within any building.

History

Order 4-69, § 132P-24-050, filed 9/4/69
Emergency Order 3-69, § 132P-24-050, filed 8/1/69
Emergency Order 1-69, § 132P-24-050, filed 5/2/69.

Wash. Admin. Code § 132P-24-060 Hallways.

No person or persons shall in any way obstruct a corridor or hallway of any building in any manner which would in any way prevent the free movement of persons through any corridor or hallway.

History

Order 4-69, § 132P-24-060, filed 9/4/69
Emergency Order 3-69, § 132P-24-060, filed 8/1/69
Emergency Order 1-69, § 132P-24-060, filed 5/2/69.

Wash. Admin. Code § 132P-24-070 Offices.

No person or persons shall be permitted inside the work counters or railings or barriers separating the administrative offices or work areas from the public and students without the express consent of the president or administrative officer in charge of said offices.

History

Order 4-69, § 132P-24-070, filed 9/4/69
Emergency Order 3-69, § 132P-24-070, filed 8/1/69
Emergency Order 1-69, § 132P-24-070, filed 5/2/69.

Wash. Admin. Code § 132P-24-080 Penalty.

Any student or faculty member violating these rules may be subject to prosecution for criminal trespass and/or disciplinary proceedings as provided in the rules adopted by the board of trustees. Any person violating these rules may be subject to prosecution for criminal trespass.

History

Order 4-69, § 132P-24-080, filed 9/4/69
Emergency Order 3-69, § 132P-24-080, filed 8/1/69
Emergency Order 1-69, § 132P-24-080, filed 5/2/69.

Wash. Admin. Code § 132P-24-090 Notice.

Any person or persons violating these rules shall be notified by the president or his duly authorized agent of the violation, and they shall be given a period of thirty minutes to comply with these rules, or be subject to these penalties provided in the preceding paragraph.

History

Order 4-69, § 132P-24-090, filed 9/4/69
Emergency Order 3-69, § 132P-24-090, filed 8/1/69
Emergency Order 1-69, § 132P-24-090, filed 5/2/69.

Wash. Admin. Code § 132P-24-100 Emergency.

The board of trustees of Community College District No. 16 find the immediate adoption of the foregoing rules is necessary for the preservation of the public health, safety, and general welfare of the students and public, and that observance of the requirements of notice and opportunity to present views on the proposed action would be contrary to the public interest.

History

Order 4-69, § 132P-24-100, filed 9/4/69
Emergency Order 3-69, § 132P-24-100, filed 8/1/69
Emergency Order 1-69, § 132P-24-100, filed 5/2/69.

Chapter 132P-33 Student rights and responsibilities.

Wash. Admin. Code § 132P-33-010 Preamble.

Yakima Valley Community College (YVCC) is dedicated not only to learning and the advancement of knowledge but also to the development of civic minded citizens. YVCC seeks to achieve these goals through a sound educational program and policies concerning conduct that encourage independence and maturity while strengthening the spirit of mutual cooperation and responsibility shared by all members of the college community. Sharing goals held in common, the students, faculty, and staff of YVCC are joined in voluntary association in an educational community.

Admission to the college carries with it the expectation that students will conduct themselves as responsible members of the college community, that they will comply with the rules and regulations of the college, maintain high standards of integrity and honesty, respect the rights, privileges and property of other members of the college community and will not interfere with legitimate college affairs.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-010, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-010, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-010, filed 12/21/81.

Wash. Admin. Code § 132P-33-020 Definitions.

As used in this code of student rights and responsibilities the following words and phrases shall mean:

(1) "Assembly" means any overt activity engaged in by two 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.

(2) "ASYVCC" means the associated students of Yakima Valley Community College.

(3) "ASYVCC senate" means the representative governing body for students at Yakima Valley Community College recognized by the board of trustees.

(4) "Board" means the board of trustees of Community College District 16, state of Washington.

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

(6) "College" means Yakima Valley Community College located within Community College District 16, state of Washington.

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

(8) "College personnel" refers to any person employed by Community College District 16 on a full-time or part-time basis, except those who are faculty members.

(9) "Disciplinary action" is the process by which the dean of student services or designee imposes discipline against a student for a violation of the student code.

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

(11) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the dean of student services or designee. Disciplinary appeals from a suspension in the excess of ten 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.

(12) "District" means Community College District 16, state of Washington.

(13) "Faculty member(s)" means any employee of Yakima Valley Community College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments.

(14) "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.

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

(16) "Recognized student organization" means and includes any group or organization composed of students which is recognized formally by the ASYVCC senate.

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

(18) "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.

(19) A "sponsored event or activity" means any activity that is scheduled by the college and is supervised and controlled by the college's faculty members or college personnel. Such sponsorship shall continue only as long as the event is supervised and controlled by the college faculty member or college personnel. When the sponsored event or activity is of a prolonged nature, and free time periods are permitted to the students participating in the event, any activity taking place during such a free time period outside of the supervision and control of the college's faculty member or college personnel responsible for the event or activity shall be deemed to be a nonsponsored activity.

(20) "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."

(21) "Student conduct code" means Yakima Valley Community College's student rights and responsibilities found in the Washington Administrative Code.

(22) "YVCC" means Yakima Valley Community College.

(23) "Vice president for instruction and student services or designee" is the vice president of student services or other college administrator designated by the president to be responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code. The president is authorized to reassign any and all of the vice president for student services or designee's duties or responsibilities as set forth in this chapter as may be reasonably necessary.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-020, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-020, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-020, filed 12/21/81.

Wash. Admin. Code § 132P-33-030 Jurisdiction.

(1) All rules herein adopted shall apply to every student whenever said student is present upon or in any college facility and whenever said student is present at or engaged in any college-sponsored activity or function which is held on or in noncollege facilities or provided through web-based or interactive television (ITV) modes of delivery. In the event that a student's conduct, regardless of the location, shall be deemed to contribute to an unsafe college environment or create a disruptive atmosphere at the college, the college may also consider that conduct as basis for student discipline.

(2) Persons aiding or abetting a student's breach of this code shall be subject to having their privilege removed as to remaining on college property or engaging in college-sponsored activities. Appropriate disciplinary action may be taken pursuant to faculty and administrative rules and regulations of conduct. If the privilege to remain on campus is revoked, trespassers shall be subject to possible arrest and prosecution under the state criminal trespass law.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-030, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-030, filed 12/21/81.

Wash. Admin. Code § 132P-33-040 Authority to prohibit trespass.

(1) In the instance of any event that the president or designee deems violates WAC 132P-24-050 by impeding the movement of persons or vehicles or which the president deems to disrupt or threatens to disrupt access to and from or in and out of college property or at a college-sponsored event or activity, the president or designee shall have authority and power to:

(a) Prohibit the entry of, or withdraw the privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

(b) Give notice against trespass to any person, persons, or group of persons for whom the privilege has been withdrawn or who have been prohibited from entering onto or remaining upon all or any portion of a college facility; or

(2) Any student who disobeys a lawful order given by the president or designee pursuant to the requirements of subsection (1) of this section shall be subject to disciplinary action.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-040, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-040, filed 12/21/81.

Wash. Admin. Code § 132P-33-050 Right to demand identification.

(1) For the purpose of determining identity of a person as a student, any faculty member, administrator, or other college personnel authorized by the president or designee may demand that any person on college property or at a college-sponsored event or activity produce evidence of student enrollment at the college. A valid student identification card will satisfy this requirement.

(2) Refusal by a student to produce identification as required shall subject the student to disciplinary action.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-050, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-050, filed 12/21/81.

Wash. Admin. Code § 132P-33-065 Statement of student rights.

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

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

(1) Academic freedom.

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

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

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

(d) Students have the right to a learning environment which is free from unlawful discrimination, 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 student conduct code is entitled, upon request, to procedural due process as set forth in this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-065, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-080 Freedom of association and organization.

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

Student organizations must be granted a charter by the ASYVCC senate before they may be officially recognized. Prior to becoming chartered, a student organization must submit to the ASYVCC senate a statement of purpose, criteria for membership, a statement of operating rules or procedures, and the name of a college employee who has agreed to serve as advisor. All student organizations must also submit to the student government a list of officers and keep that list updated when changes occur. In order to qualify for issuance of a charter, a student organization must be open to all students. YVCC policy prohibits conduct that discriminates against individuals based on their race, color, creed, religion, national origin, sex, sexual orientation and/or gender identity, age, marital status, disability (including the use of a specially trained guide dog or other service animal), genetic information, honorably discharged veteran or military status, status as a disabled veteran, Vietnam era veteran, or the right of a mother to breastfeed her child. Affiliation with a noncollege organization shall not be grounds for denial of a charter provided that other conditions of the charter issuance have been met.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-080, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-080, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-080, filed 12/21/81.

Wash. Admin. Code § 132P-33-090 Student participation in college governance.

As members of the college community, students will be free, individually and collectively, to express their views on college policy and on matters of general interest to the student body. The ASYVCC constitution and the college's administrative procedures provide clear channels for student participation in the formulation and application of institutional policies regarding academic and student affairs. Individuals affected by a policy shall have a representative voice in the formulation of that policy.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-090, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-090, filed 12/21/81.

Wash. Admin. Code § 132P-33-100 Disclosure of student records.

The Family Educational Rights and Privacy Act (FERPA) permits a student's education records to be disclosed without consent to persons who meet the strict definition of an "education official" who has a "legitimate educational interest" in their records.

(1) Education official. Education official is defined as a person employed by the college in either an administrative, supervisory, academic, research, law enforcement or support staff position; persons serving on official committees such as disciplinary or grievance; an outside contractor (e.g., health or medical professional, attorney, auditor) acting as an agent for the college or the Washington state college and university systems.

The college may designate a student employee of the college as an education official, with the approval of the vice president for instruction and student services or designee, according to the following procedure:

(a) Supervisor establishes job description identifying specific tasks to be performed by the student employee that require access to personally identifiable confidential information about students, including enrollment records, grades, or other education records;

(b) Supervisor submits job description to dean for approval;

(d) Vice president for instruction and student services forwards approved job description to supervisor.

(2) Legitimate educational interest. Educational interest is a need for an education official to review education records in order to fulfill his or her professional responsibilities. These responsibilities may or may not be limited to the following areas:

(a) Performing a task that is specified in his/her position;

(b) Researching a matter related to student conduct;

(c) Providing a service or benefit related to a currently enrolled student or a past student for which the college is still maintaining an educational record;

(d) Maintaining safety and security on campus.

(3) Education records. Education records are records, files, and documents containing information directly related to a student or maintained by an educational institution; such as:

(a) Records pertaining to admission, advising, registration, grades and degree information that are maintained by the college;

(b) Testing information used for advising and counseling purposes maintained by the college;

(d) Financial aid information as maintained by the college;

(e) Information regarding students participating in student government or athletics maintained by the college.

The following student records are not considered education records and are not subject to FERPA protection against unauthorized disclosure:

(i) Employment records when the employment is not connected to student status;

(ii) Sole possession records or private notes held by education officials that are not accessible or released to other personnel; other than a temporary substitute;

(iii) Alumni records, which do not relate to the person as a student;

(iv) Application records of students not admitted to the college;

(v) Law enforcement or campus security records that are solely for law enforcement purposes and maintained solely by campus security;

(vi) Records relating to treatment provided by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.

(4) Directory information. An educational institution is allowed to designate certain types of information that may be released without seeking written permission from the student. Directory information may be provided to the person requesting it either in person, by mail, or by telephone.

All requests for directory information from persons not employed by YVCC shall be referred to enrollment services. Only designated registration personnel are authorized to comply with requests for directory information.

YVCC has designated the following items as directory information:

(a) Student's name;

(b) Photographs;

(d) Eligibility for and participation in officially recognized activities, organizations, and sports;

(e) Weight and height statistics for members of athletic teams;

(f) Dates of attendance (quarters in attendance);

(g) Enrollment status (number of credits enrolled);

(h) Honor roll;

(i) Degrees and awards received;

(j) Most recent previous educational agency or institution attended by the student.

(5) Protecting directory information from disclosure. Students have the right to prohibit the release of directory information. A student may prevent the release of directory information by submitting in person a request in writing to the enrollment services office. This request to prevent the release of information becomes a part of the student's record and remains in effect (even after degree and certificate completion) until the student instructs the college, in writing, to remove the hold status on the record.

(6) Disclosure exceptions. In addition to directory information the college will, at its discretion, make disclosures from education records without the student's prior written consent to the following listed parties:

(a) Education officials with a legitimate educational interest;

(b) To officials of another school in which the student seeks or intends to enroll;

(d) To persons specified in a lawfully served judicial order or subpoena, provided the college makes a reasonable effort to notify the student in advance of compliance (unless in the case of grand jury or other subpoenas which prohibit notification);

(e) In connection with financial aid for which the student has applied or received;

(f) To accrediting organizations, or organizations conducting studies for or on behalf of the institution;

(g) To appropriate parties in a health or safety emergency (campus security will personally relay message of an emergent nature to students);

(h) To parents of a dependent student, upon receipt of their most recently filed tax return, that shows the student as a dependent or upon receipt of a written statement from the student approving the release of nondirectory information. The following information can be released to the parents of dependent college students:

(i) Tuition account balances;

(ii) Financial aid eligibility;

(iii) Reason for an account hold (not to include titles of library materials);

(iv) Explanation of the satisfactory academic progress policy;

(v) Violation of student conduct policies concerning alcohol and controlled substances.

Faculty and staff of the college may provide job references for students, and may respond to inquiries from employers regarding students. Statements made by college personnel regarding students that are based on that person's personal observations do not require a written release from the student. However, if college personnel provide in either verbal or written form personally identifiable information about a student that is obtained from education records (grades, GPA, etc.,) the person is required to obtain prior written permission from the student. In cases where consent of the student is required for release of education records, the student shall submit a written, signed and dated statement specifying the records to be disclosed, the purpose of the disclosure, and the name of the party to whom the disclosure can be made.

When personally identifiable information is released without prior consent of the student, other than directory information and information released to education officials or the student, the education official in charge of these records will record the names of the parties who have requested information from education records and the nature of the interest in that information.

(7) Student's rights and responsibilities regarding student records.

(a) The student has the right to inspect and review their records by submitting a written, signed request to the enrollment services office stating the record he or she wishes to review. Charges may be assessed for reproduced copies of education records.

(b) Students have the right to seek to amend their education records. Students who believe that information contained in their education record is inaccurate, misleading, or in violation of privacy rights, may submit a written request to amend their records to the appropriate education official. The education official(s) will make every effort to settle disputes through informal meetings and discussion with the student. In instances where disputes regarding contents of education records cannot be resolved by the parties concerned, the education official(s) involved shall advise the student of the right to a hearing by the student submitting a written request, appealing the decision of the education official(s), to the registrar or dean of student services or designee. Should the registrar or dean of student services or designee deem that the education records in question are inaccurate or misleading, he or she can ask that the records be amended by the appropriate education official(s). If the education records are held to be accurate, the student shall be granted the opportunity to place within those records a personal statement commenting upon the information contained within.

(c) The student has the right to consent to disclosures of personally identifiable information contained in their education records, except to the extent that FERPA authorizes disclosure without consent.

(d) Each eligible student is afforded the right to file a complaint concerning alleged failures by the college to comply with the requirements of the act. The website of the office designated to investigate, process, and review violations and complaints is: Website: http://www.ed.gov/offices/om/fpco/

(e) Copies of this policy are available through the associated student body and the enrollment services office.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-100, filed 10/15/14, effective 1/5/15. Statutory Authority: RCW 28B.50.150, WAC 132P-33-100, and 20 U.S.C. § 1232g. WSR 05-16-005, § 132P-33-100, filed 7/21/05, effective 9/1/05. Statutory Authority: RCW 28B.50.140. WSR 99-13-140, § 132P-33-100, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-100, filed 12/21/81.

Wash. Admin. Code § 132P-33-110 Student publications.

The college recognizes the fact that student publications are a valuable aid in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus. They are a means of bringing student concerns to the attention of the faculty and institutional authorities and of formulating opinion on various issues on the campus and in the college community at large. They may also serve as a means of journalistic and/or creative expression.

Student editors and managers of approved student publications are protected from arbitrary suspension and removal. Only for proper and stated causes, as outlined in the statement of purpose or philosophy adopted for each student publication, should editors and managers be subject to removal and then by orderly and prescribed procedures.

At the same time, student editors and managers are charged with corollary responsibilities to be governed by the cannons of responsible journalism, including the avoidance of libel, indecency, harassment, innuendo, undocumented allegations, and attacks on personal integrity.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-110, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-110, filed 12/21/81.

Wash. Admin. Code § 132P-33-130 Distribution and posting of materials.

The college encourages free expression. Use of college facilities as provided herein, however, does not accord users immunity from legal action.

Permission for posting of literature in the various restricted areas provided therefore, shall be obtained from the following college officials:

(1) The student life coordinator for posting on the restricted posting areas of the HUB and those areas located on the campus outside of college buildings.

(2) Deans and directors for posting on the restricted posting areas provided in the appropriate college facility.

ASYVCC campaign rules govern special poster and sign locations for elections. Information on these special policies and regulations is available in the ASYVCC office.

Posting of posters, signs, and other publicity or promotional materials is permitted only in the locations specified above. All material sought to be posted in restricted posting areas must have the identity of its sponsorship appearing on its face.

The dissemination or distribution of materials by persons on the public streets, walks and ways of the campus or off-campus college facility, shall be subject to the laws of the particular city, state of Washington, and the United States.

Permission for the dissemination or distribution of materials in other areas of the college campus, buildings and facilities shall be obtained from the student life coordinator. Persons distributing materials without permission shall be subject to the provisions of the Code of student rights and responsibilities.

History

Statutory Authority: RCW 28B.50.140. WSR 99-13-140, § 132P-33-130, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-130, filed 12/21/81.

Wash. Admin. Code § 132P-33-140 Commercial and promotional activities.

College facilities shall not be used for commercial solicitations, advertising, or promotional activities except when such activities clearly serve the district's educational objectives including, but not limited to, display of books of interest to the academic community or the display or demonstration of technical or research equipment, and when such commercial activities relate to educational objectives and are conducted under the sponsorship or the request of a college department or the office of student life, provided that such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of pedestrian or vehicular traffic. For the purposes of regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in chapters 132P-136 and 132P-142 WAC.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-140, filed 10/15/14, effective 1/5/15
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-140, filed 12/21/81.

Wash. Admin. Code § 132P-33-150 Use of college facilities.

Please refer to chapters 132P-136 and 132P-142 WAC.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-150, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-150, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-150, filed 12/21/81.

Wash. Admin. Code § 132P-33-155 Electronic communication policy.

The following is a general policy:

(1) Computer and network use at YVCC must be consistent with the mission, policies, and procedures of the college and applicable federal, state, and local laws and regulations. YVCC computers and networking facilities are primarily designated for educational and research purposes.

(2) Users must respect the rights and property of others. Users must not improperly access, misuse, send, or misappropriate information or files. Unauthorized access to systems, software, or data is prohibited.

(3) YVCC computers and network facilities must not be used for commercial purposes or private gain.

(4) YVCC computers and network facilities must not be used to transmit or solicit the transmission of any communication in any form where the content and/or meaning of the message transmitted or distributed would violate any applicable law or regulation.

(5) Users of YVCC computers and network facilities must promote efficient use of the networks. Users must minimize and avoid unnecessary network traffic which might interfere or negatively impact the work of other users of the YVCC network or connected networks. Uses that significantly interfere with the ability of others to make effective use of the network or which disrupt the YVCC network or any connected networks, systems, services, or equipment are prohibited.

(6) Interpretation, application, and modification of this policy will be at the sole discretion of YVCC. Violations may result in loss of computer and network privileges and other penalties as applicable under YVCC policies and federal, state, and local laws and regulations.

(7) YVCC makes no warranty of any kind, expressed or implied, regarding computer resources or services, or the contents of resources or electronic messages over the YVCC campus network or connected networks. YVCC will not be liable in any event for incidental or consequential damages, direct or indirect, resulting from the use of the YVCC campus network or network services.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-155, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-155, filed 6/18/99, effective 7/19/99.

Wash. Admin. Code § 132P-33-160 Noncollege speaker policy.

(1) Student organizations officially recognized by the college shall have the right to invite outside speakers to speak on campus. This right is subject to the availability of campus facilities, funding, and in compliance with college procedures available in the respective office of student life. Speakers are subject to the legal restraints imposed by the laws of the United States and the state of Washington.

(2) The appearance of an invited speaker on college facilities or at sponsored events or activities does not represent an implicit or explicit endorsement of the speaker's views or opinions by the college, its students, its faculty, its college personnel, its administration, or its board.

(3) The scheduling of facilities for events shall be made through the designated reservation clerk. Use of facilities generally requires ten calendar days notice, excluding Saturday, Sunday and holidays.

(4) The dean of students or designee may require views other than those of the invited speaker to be presented at the meeting, or at a subsequent meeting. The president may assign a college employee to preside over any meeting where a speaker has been invited.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-160, filed 10/15/14, effective 1/5/15
WSR 99-13-140, § 132P-33-160, filed 6/18/99, effective 7/19/99
WSR 82-01-079 (Resolution No. 81-4), § 132P-33-160, filed 12/21/81.

Wash. Admin. Code § 132P-33-165 Distribution and posting of materials.

Students may distribute or post printed or published material subject to procedures available in the office of student life. All free publications not in violation of local, state and/or federal laws, such as books, magazines, newspapers, leaflets or similar materials may be distributed on campus. The college may restrict the distribution of any publications where such distribution unreasonably interferes with college operations. Such materials may be distributed from authorized public areas consistent with the maintenance of college property, with the free flow of traffic and persons, and not in the manner that, in itself, limits the orderly operation of college affairs. Any student desiring to distribute such publications shall first register with the office of student life so that reasonable areas and times can be assured and prevent undue interference with the activities of the institution. All publications shall bear identification as to the publishing agency and distributing organization or individual.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-165, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-400 Supplemental sexual misconduct procedures.

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

Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132P-33-200 through 132P-33-310. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-400, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-410 Supplemental definitions.

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

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

(2) "Sexual misconduct" is prohibited sexual- or gender-based conduct by a student including, but not limited to:

(a) Sexual activity for which clear and voluntary consent has not been given in advance;

(b) Sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping or otherwise incapacitated due to alcohol or drugs;

(d) Sexual violence, which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual- or gender-based stalking;

(e) Nonphysical conduct such as sexual- or gender-based digital media stalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-410, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-420 Supplemental complaint process.

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

(1) The human resources director or designee, the college's Title IX compliance officer, shall investigate complaints or other reports of alleged sexual misconduct by a student. Investigations will be completed in a timely manner and the results of the investigation shall be referred to the dean of student services or designee for disciplinary action.

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

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

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

(5) The dean of student services or designee, 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 his or her appeal rights. If protective sanctions and/or conditions are imposed, the dean of student services or designee shall make a reasonable effort to contact the complainant to ensure that prompt notice of the protective disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection is given.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-420, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-430 Supplemental appeal rights.

(1) The following actions by the dean of student services or designee may be appealed by the complainant:

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

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

(2) A complainant may appeal a disciplinary decision by filing a notice of appeal with the vice president of instruction and student services or designee within twenty-one days of service of the notice of the discipline decision provided for in WAC 132P-33-230. The notice of appeal may include a written statement setting forth the grounds of appeal. Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall be deemed final.

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

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

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

(a) Exoneration and dismissal of the proceedings;

(b) A disciplinary warning;

(d) Disciplinary probation;

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

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

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

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

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

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

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

(11) Complainant may appeal the vice president for instruction and student services' decision to the president subject to the same procedures and deadlines applicable to other parties.

(12) The vice president for instruction 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.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-430, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-440 Prohibited student conduct.

The college may impose disciplinary sanctions against a student who commits, or 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, but is not limited to, any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

(b) Plagiarism includes, but is not limited to, taking and using as one's own, without proper attribution, the ideas, writings, or work of another person 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.

(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) Obstruction or disruption. Obstruction or disruption of:

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

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

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

(a) Bullying is physical or verbal abuse, repeated over time, and involving a power imbalance between the aggressor and victim.

(b) Stalking is intentional and repeated following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated or harassed, even if the perpetrator lacks such an intent.

(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, sensing threatening email communications directly or through 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, or theft or misuse of, real or personal property or money of:

(a) The college or state;

(b) Any student or college officer, employee, or organization;

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

(7) Failure to comply with directive. Failure to comply with the direction 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. Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

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

(10) Alcohol and drug violations.

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

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

(c) Drugs. The use, possession, delivery, sale, or being 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.

(11) Lewd conduct. Conduct which is lewd or obscene.

(12) Discriminatory conduct. Discriminatory 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 (40+); religion; creed; genetic information; 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.

(a) Sexual harassment. The term "sexual harassment" means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, and that does deny or limit, based on sex, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members.

(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. The term "sexual violence" incorporates the definition of sexual harassment and means a physical sexual act perpetrated without clear, knowing, and voluntary consent, such as committing a sexual act against a person's will, exceeding the scope of consent or where the person is incapable of giving consent, including rape, sexual assault, sexual battery, sexual coercion, sexual exploitation, gender- or sex-based stalking. The term further includes acts of dating or domestic violence. A person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, or other cause.

(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 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 (40+); religion; creed; genetic information; 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. Retaliation against any individual for re-porting, providing information, exercising one's rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state or local law, or college policies, including, but not limited to, student conduct code provisions prohibiting discrimination and harassment.

(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 in-formation resources;

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

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

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

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

(18) Safety violations. Safety violation includes any nonaccidental 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 profession 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 shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-440, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-445 Disciplinary sanctions and terms and conditions.

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

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

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

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

(4) 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.

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

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

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

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

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

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

(b) Ineligible to represent 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.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-445, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-450 Purpose of disciplinary actions.

The college may apply sanctions or take other appropriate action when student conduct interferes with the college's education process:

(1) Nothing herein shall prevent faculty members from taking reasonable summary action as maybe reasonably necessary to maintain order when they have reason to believe that such action is necessary for the physical safety and well-being of the student, the safety and protection of other students, of college property or where the student's conduct disrupts the educational process.

(2) Such summary action in the form of removal from the classroom shall be effective for a period not to exceed two scheduled classroom days.

(3) Faculty shall maintain a written record of any summary action and a copy shall be filed with the dean of student services or designee within two scheduled classroom days (excludes Saturday, Sunday, and holidays).

(4) Any summary action may be appealed to the dean of student services or designee for an informal hearing.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-450, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-460 Initiation of disciplinary action.

(1) All disciplinary actions will be initiated by the dean of student services or designee. 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 dean of student services or designee shall initiate disciplinary action by serving the respondent with written notice directing him or her to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the conduct code the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting. At the meeting, the dean of student services or designee 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 the dean of student services or designee may take disciplinary action based upon the available information.

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

(4) The dean of student services or designee 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 132P-33-200.

(i) Initiating the process. Student behavior that is suspected to be in violation of the student conduct code may be reported by students or employees of the college. In the event of an urgent safety concern, the person reporting the behavior is advised to first contact campus security or 911 local emergency services. If the conduct may be criminal, the student or employee reporting the incident may also report the conduct to law enforcement.

(ii) Notice requirements. The dean of students or designee shall initiate timely notification of the student accused of a violation of the student conduct code. The human resources director or designee shall initiate timely notification of allegations of sexual misconduct (WAC 132P-33-150). The notice shall not be ineffective if presented later due to the student's absence. Such notice shall:

(A) Inform the student that a report has been filed alleging that the student violated specific provisions of the code and the date of the violation;

(B) Inform the student that failure to appear at either of the appointed times at the office of the dean of student services or designee by the appointed deadline may subject the student to suspension from the institution for a stated time and a loss of access to college services for an indefinite period of time.

(5) Meeting with the dean of student services or designee.

(a) At the meeting with the dean of student services or designee the student shall be informed:

(i) Of provisions of the student conduct code that prompted that notice;

(ii) That the dean of student services or designee will make a decision as to any disciplinary sanction;

(iii) That the student may appeal any disciplinary sanction by requesting a formal hearing;

(iv) That the decision of the dean of student services or designee stands until such hearing is completed; and

(v) That if a hearing is requested the student may have that hearing open to the public.

(b) After the investigation is completed, the dean of student services or designee may take any of the following actions:

(i) Terminate the proceedings, exonerating the student or students;

(ii) Dismiss the case after whatever counseling and advice may be appropriate;

(iii) Provide a warning, verbally cautioning the student that the reported behavior constitutes violation of college rules or regulations or has otherwise failed to meet the college's standards of conduct and that further conduct of the type reported may lead to more serious disciplinary actions in the future;

(iv) In the case of a sexual misconduct allegation, that the complainant may also appeal any disciplinary sanction by requesting a formal hearing;

(v) Impose disciplinary sanctions as listed in WAC 132P-33-200 subject to the student's right of appeal described below; or

(vi) Refer the matter to the student conduct committee for a recommendation to the vice president for instruction and student services or designee as to appropriate action.

(c) Disciplinary action taken by or at the recommendation of the dean of student services or designee is final twenty-one days after notice is sent unless the student exercises the right of appeal as provided for in these rules.

(d) This process does not preclude and may occur concurrently with a Title IX sexual harassment investigation (WAC 132P-33-150). In cases of sexual misconduct, both the complainant and the accused may appeal disciplinary sanctions.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-460, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-470 Appeal from disciplinary action.

The respondent may appeal a disciplinary action by filing a written notice of appeal with the vice president of instruction and student services within twenty-one days of service of the dean of student services or designee decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the dean of student services or designee's decision shall be deemed final.

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

(2) The parties to an appeal shall be the respondent and the dean of student services or designee.

(3) 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.

(4) 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.

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

(6) 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 vice president for instruction and student services, the dean of student services, or the president.

(7) 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.

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-470, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-480 Student conduct committee.

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

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

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

(c) Two administrative staff members (excluding the individual who imposed the sanction) appointed by the president at the beginning of the academic year.

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-480, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-490 Appeal student conduct committee.

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

(2) The dean of student services or designee shall serve all parties with written notice of the hearing not less than seven days in advance of the hearing date, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The dean of student services or designee may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause shown. If the dean of student services or designee imposed the appealed sanction the vice president of instruction and student services will designate another administrator to facilitate the process.

(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 or dean of student services or designee, 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 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 or dean of student services or designee 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 dean of student services or designee, upon request, shall provide reasonable assistance to the respondent in obtaining relevant and admissible evidence that is within the college's control.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-490, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-500 Student conduct committee hearings—Presentations of evidence.

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

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

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

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

(3) The chair or dean of student services or designee shall cause the hearing to be recorded by a method that he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to any party upon request. The chair or dean of student services or designee 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 dean of student services or designee (unless represented by an assistant attorney general) shall present the case for imposing disciplinary sanctions.

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-500, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-510 Student conduct committee—Initial recommendation.

(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 recommendation to the vice president for instruction and student services or designee 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 identified.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-510, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-520 Appeal from vice president for instruction and student services initial decision.

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

(2) The notice of appeal must identify the specific procedural concerns that are challenged and must contain argument why the appeal should be granted.

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

(4) The president may at his or her discretion, suspend any disciplinary action pending review of the merits of the findings, conclusions, and disciplinary actions imposed.

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

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-520, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-530 Readmission after suspension.

Any student suspended from the college for disciplinary reasons may be readmitted upon expiration of the time period for which the suspension was issued. If the student has been suspended for an indefinite period, or feels that circumstances warrant reconsideration of the temporary suspension prior to its expiration, the student may appeal in writing no more than once per quarter to the dean of student services or designee. Such petitions shall state reasons which support a reconsideration of the matter.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-530, filed 10/15/14, effective 1/5/15.

Wash. Admin. Code § 132P-33-540 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 vice president for instruction and student services or designee may impose a summary suspension if there is probable cause to believe that the respondent:

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

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

(3) Notice. Any respondent who has been summarily suspended shall be served with 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 dean of student services or designee for a hearing on the summary suspension; and

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included that warns the student that his or her privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the vice president for instruction and student services or the dean of student services, or to attend a disciplinary hearing.

(5)(a) The dean of student services or designee 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 dean of student services or designee is whether there is probable cause to believe that the summary suspension should be continued pending the conclusion of disciplinary proceeding 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 student fails to appear at the designated hearing time, the dean of student services or designee 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 dean of student services or designee 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 dean of student services or designee shall provide a copy of the decision to all persons or offices who may be bound or protected by it.

History

Statutory Authority: RCW 28B.50.140. WSR 14-21-099, § 132P-33-540, filed 10/15/14, effective 1/5/15.

Chapter 132P-40 Children in college activities.

Wash. Admin. Code § 132P-40-001 Participation of children in college activities.

It is clearly recognized by all employees that Yakima Valley Community College is owned and supported by the citizens of the state of Washington; therefore, the college is for their benefit and use. However, the college is maintained by the people for particular purposes and this regulation is intended to enhance the public's use for those purposes.

The regulations below are equally applicable to all citizens, including all employees and students at Yakima Valley Community College.

(1) It is expected that only registered students will attend any classes at Yakima Valley Community College. Exceptions to this regulation may be made by the instructor for visitors who have been invited to make a presentation or otherwise support the activity of the course. There may be rare occasions when it is appropriate for visitors to attend classes, but such attendance will occur only when the instructor has given specific, advance approval.

(2) Preteen children are not permitted to be on campus unless they are directly and completely supervised at all times by a responsible adult, or are enrolled in the student cooperative child care program, or the Yakima Valley Community College child care services.

(3) Employees are strongly urged not to bring or to invite preteen visitors to the campus, particularly during the times that the employee is on duty, unless the children are under the constant, direct supervision of another (nonemployee) responsible adult.

(4) Only registered students and authorized college staff/volunteers may participate on field trips, retreats, or other college authorized travel activities.

(5) Responsible adult and teenage citizens are encouraged to visit the campus so long as such visits are compatible with the mission of the college.

History

Statutory Authority: RCW 28B.19.050. WSR 88-12-012 (Resolution No. 88-4-3), § 132P-40-001, filed 5/23/88.

Chapter 132P-116 Yakima Valley Community College parking and traffic regulations.

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

Pursuant to the authority granted by RCW 28B.50.140, the board of trustees of Yakima Valley Community College, District 16 is granted authority to make rules and regulations for pedestrian and vehicular traffic over property owned, operated or maintained by the college district. The rules and regulations contained herein are established for the following purposes:

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

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

(3) To minimize traffic disturbances during class hours.

(4) To facilitate the operation of the college.

(5) To regulate the use of parking spaces.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-010, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-010, filed 8/27/80.

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

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

(1) "College." Yakima Valley Community College, or any additional community college hereafter established with Community College District 16, state of Washington, and collectively, those responsible for its control and operations.

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

(3) "College year." Unless otherwise designated, the time period commencing with the fall quarter of a community college academic year and extending through the immediately subsequent winter, spring, and summer quarters. The fall quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(4) "College facilities." Any or all property owned or operated by the college.

(5) "Student." All individuals enrolled at the college, or in any educational program operating on the college facilities, both full and part time.

(6) "Director of facility operations." An employee of Yakima Valley Community College, District 16, state of Washington, who is responsible to the vice president for administrative services for campus security, safety, parking and traffic control.

(7) "Vehicle." All modes of transportation including, but not limited to automobiles, trucks, motor-driven cycles, scooters, or any vehicle powered by a battery or engine, and also including bicycles and other nonengine vehicles.

(8) "Visitor." Any individual who comes to campus who is neither an employee nor a registered student of the college.

(9) "Permanent permits." Permits that are valid for a college year or quarter.

(10) "Special permits." Permits issued for specific purposes by campus security to enhance the business or operation of the college.

(11) "Pay-by-the-day permits." Permits dispensed by machine located in parking lots.

(12) "Temporary permits." Permits issued by campus security for a designated period of time.

(13) "Paid reserved parking permits." Permits issued by campus security for a specified parking space reserved for that permit holder only.

(14) "Disabled parking permit." A permit issued to a person with a physical, mental, or sensory impairment.

(15) "Designated permit areas." Designated areas of parking on college facilities requiring a permit to park.

(16) "Parking/traffic appeals board." Board responsible for hearing appeals of parking/traffic citations.

(17) "Business day." Every working day of the week that includes Monday through Friday and excludes public holidays and weekends.

(18) "Hourly parking." Designated area with parking meters for individual stalls.

(19) "Properly displayed." In clear view, on front windshield, on rear window, face up on dashboard, or hung on inside rearview mirror.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-020, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-020, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-020, filed 8/27/80.

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

Other traffic rules and regulations which are also applicable upon the campus are as follows:

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

(2) The traffic code of the city of Yakima, in the state of Washington.

History

Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-030, filed 8/27/80.

Wash. Admin. Code § 132P-116-040 Permits required for vehicles in designated permit areas.

Students, faculty and staff shall not stop, park or leave a vehicle, attended or unattended, in designated permit areas without a parking permit. All persons parking in designated permit areas must have the permit properly displayed.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-040, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-040, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-040, filed 8/27/80.

Wash. Admin. Code § 132P-116-050 Registration of student, faculty, staff, and visitors vehicles.

Students shall register their vehicles per WAC 132P-116-060(1). Student permits are not required unless the student is a resident of the student residence center per WAC 132P-116-060(3). Students, faculty, and staff shall obtain parking permits at the security office. Visitors shall park in areas designated as "visitor" parking and shall obtain a permit at the campus security office.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-050, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-050, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-050, filed 8/27/80.

Wash. Admin. Code § 132P-116-060 Authorization for issuance of permits.

The campus security office is authorized to issue parking permits to students, faculty and staff of the college pursuant to the following regulations:

(1) Students will register their vehicle(s) using a "Student Permit Application" form at the campus security office at the beginning of each academic quarter.

(2) Faculty and staff shall be issued a parking permit upon the registration of their vehicles at the beginning of fall quarter or at the time of their employment.

(3) Resident students shall obtain a parking permit at the campus security office within five business days of becoming a resident of the student residence center.

(4) Campus security may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

(5) Any permit holder may obtain a temporary parking permit at the campus security office without charge for an unregistered vehicle when necessary due to the unavailability of his or her registered vehicle. Issuance of such permit is left to the discretion of the campus security office.

(6) Permits are issued to an individual and are not transferable. If the individual is no longer attending or employed by the college, the permit is invalid.

(7) Any permit holder may obtain a replacement permit for a replacement fee from the campus security office upon request and explanation of the loss or destruction of the original permit.

(8) Pay-by-the-day permits are not transferrable between individuals.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-060, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-060, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-060, filed 8/27/80.

Wash. Admin. Code § 132P-116-070 Valid permit.

A valid parking permit is:

(1) An unexpired permanent permit registered and properly displayed.

(2) A temporary unexpired permit issued by campus security and properly displayed.

(3) A special unexpired permit issued by campus security and properly displayed.

(4) A valid unexpired disabled parking placard, license plate or card issued by the state of Washington and properly displayed.

(5) Unexpired pay-by-the-day permit issued by machine with the current date and properly displayed.

(6) A paid reserved permit issued by campus security with the current quarter, lot designation, and properly displayed.

(7) Load zone permit issued by campus security and properly displayed.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-070, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-070, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-070, filed 8/27/80.

Wash. Admin. Code § 132P-116-080 Display of permit.

All parking permits shall be placed at a designated location within the vehicle in plain view. If the permit is not in plain view, a citation may be issued.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-080, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-080, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-080, filed 8/27/80.

Wash. Admin. Code § 132P-116-100 Permit revocation.

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

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

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

(3) Continued violation of college parking and traffic rules and regulations.

(4) Counterfeiting or altering a parking permit.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-100, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-100, filed 8/27/80.

Wash. Admin. Code § 132P-116-110 Right to refuse permit.

The college reserves the right to refuse to issue a parking permit to anyone who has an outstanding parking fine(s) or penalties, or who has had a previous permit revocation, or for other good cause shown.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-110, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-110, filed 8/27/80.

Wash. Admin. Code § 132P-116-120 Responsibility of current registered vehicle owner to whom permit is issued.

The current registered owner of the vehicle to whom a permit is issued is responsible for all violations of the parking and traffic rules and regulations involving the vehicle to which the permit is affixed. In the event that a vehicle in violation does not have a permit displayed, the current registered owner will be responsible for the violation(s).

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-120, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-120, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-120, filed 8/27/80.

Wash. Admin. Code § 132P-116-130 Designation of parking spaces.

The parking spaces available on campus shall be designated and allocated in such a manner as will best achieve the objective of the rules and regulations contained in this chapter and shall include, but not be limited to:

(1) Faculty and staff spaces.

(2) Student spaces.

(3) Disabled parking spaces.

(4) Paid reserved spaces.

(5) Pay-by-the-day spaces.

(6) Hourly paid parking spaces (metered).

(7) Such parking spaces may be designated for other purposes as deemed necessary.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-130, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-130, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-130, filed 8/27/80.

Wash. Admin. Code § 132P-116-140 Parking within designated spaces.

(1) Any person parking a vehicle at a college facility shall park the vehicle in designated parking areas only. These areas are marked by curbs, signs, or white or yellow line(s). Parking on or over a line constitutes a violation.

(2) No vehicle may be parked on any area that has been landscaped or designated as a walkway or pathway (paved or unpaved), except for college vehicles, emergency vehicles, or approved agents.

(3) No vehicle may be stopped, parked, or left at a college facility in a designated permit area without a valid parking permit, with the exception of trucks or cars making deliveries.

(4) No vehicle shall be parked on campus for a period in excess of seventy-two hours, unless approved in advance by the campus security office. Vehicles which have been parked in excess of seventy-two hours shall be impounded and stored at the expense of either or both owner and operator.

(5) All vehicles shall obey traffic arrows and other markings established for the purpose of directing traffic on campus.

(6) No vehicle shall be parked in such a manner that it occupies any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle to occupy a portion or more than one space or stall shall not constitute an excuse for violating this section unless weather conditions make this impossible.

(7) No vehicle shall be parked in such a manner that it interferes with traffic, creates a hazardous condition, hinders maintenance or emergency vehicles, or otherwise interferes with the operation of the college.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-140, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-140, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-140, filed 8/27/80.

Wash. Admin. Code § 132P-116-150 Designated permit area hours.

The rules and regulations pertaining to designated permit areas are in force as posted in the security office.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-150, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-150, filed 8/27/80.

Wash. Admin. Code § 132P-116-170 Parking in prohibited places.

(1) No person shall stop, stand, or park any vehicle so as to obstruct traffic along or upon any street or sidewalk.

(2) No vehicle shall be parked at any place where official signs or other markings prohibit parking, or within fifteen feet of a fire hydrant.

(3) No person shall park in a place where there is not a parking stall designated by lines or signs.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-170, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-170, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-170, filed 8/27/80.

Wash. Admin. Code § 132P-116-180 Control and regulation of traffic.

Drivers shall comply with the directions given them by the campus security personnel regarding the control and regulation of traffic.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-180, filed 2/4/11, effective 7/1/11. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-180, filed 8/27/80.

Wash. Admin. Code § 132P-116-190 Speed limit.

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

History

Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-190, filed 8/27/80.

Wash. Admin. Code § 132P-116-200 Pedestrian's right of way.

(1) The operator of a vehicle shall yield the right of way for any pedestrian.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-200, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-200, filed 8/27/80.

Wash. Admin. Code § 132P-116-210 Two-wheeled motorbikes, bicycles, skateboards, rollerblades, or roller skates.

(1) All two-wheeled vehicles powered by a battery or engine, licensed by the state of Washington, shall park in designated parking areas only.

(2) Bicycles and other nonengine cycles shall be subject to the posted or published regulations as established.

(3) No bicycle shall be parked inside a building, near a building exit, or on a path or sidewalk. Bicycles must be secured to racks as provided.

(4) Skateboarding, rollerblading, and roller skating are not permitted on campus.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-210, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-210, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-210, filed 8/27/80.

Wash. Admin. Code § 132P-116-220 Report of accident.

The operator of any vehicle involved in an accident on campus resulting in injury to, or death of any person, or claimed damage to either or both vehicles in any amount, shall within twenty-four hours report such accident to the campus security office. This does not relieve any person so involved in an accident from the responsibility to file a state of Washington motor vehicle accident report as required by state law.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-220, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-220, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-220, filed 8/27/80.

Wash. Admin. Code § 132P-116-230 Specific traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional and/or heavy traffic and during emergencies, the director of facilities operations is authorized to impose additional traffic and parking regulations and restrictions, in coordination with the vice president of administrative services or official designee, for the achievement of the objectives specified in this policy.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-230, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-230, filed 8/27/80.

Wash. Admin. Code § 132P-116-240 Enforcement.

Parking rules and regulations will be enforced throughout the calendar year.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-240, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-240, filed 8/27/80.

Wash. Admin. Code § 132P-116-250 Issuance of traffic citations.

Upon violation(s) of any of the rules and regulations contained in this document, security officers, or designated traffic patrol are authorized to issue traffic citations, setting forth the date, permit number, the approximate time, license number, name of permit holder, infraction, officer and schedule of fines. Such traffic citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the citation to the operator.

Violation(s) of the campus traffic code include but are not limited to:

(1) No parking permit displayed. A college parking permit is necessary when parking in any designated permit area on college facilities. The permit must be displayed as set forth herein.

(2) Failure to stop at stop signs/signals. Failure to bring a vehicle to a complete stop at properly erected and identified stop signs/signals.

(3) Failure to yield right of way. The act of depriving another vehicle or pedestrian of the right of way at an intersection or crosswalk.

(4) Improper parking. Parking a vehicle in areas that are intended for purposes other than parking, i.e., fire lanes, driveways, sidewalk, lawns, or taking up more than one parking stall.

(5) Permit violations. Parking in designated permit areas without proper permit.

(6) Negligent/reckless driving. The operation of a vehicle in such a manner as to place persons or property in danger of injury or grievous harm.

(7) Speeding. The operation of a vehicle in excess of posted speed limits.

(8) Other violations. Such other actual violations of these regulations or city, county, or state laws or ordinances.

(9) Impoundment. Violations that create a hazardous condition, impede traffic or otherwise interfere with the operation of a college facility may result in the immediate impoundment (removal) of the vehicle.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-250, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-250, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-250, filed 8/27/80.

Wash. Admin. Code § 132P-116-260 Fines and penalties.

(1) Fines will be levied for violations of the rules and regulations contained in this chapter.

(2) In addition to fines imposed under these regulations, vehicles violating these regulations may be impounded. Impounded vehicles will be taken to a place for storage as designated by the administration. The expenses of such impoundment and storage of the vehicle shall be the responsibility of the registered owner or driver of the vehicle. The college shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(3) An accumulation of traffic violations by a student shall be cause for disciplinary action as stated in WAC 132P-116-110 and in subsection (7) of this section.

(4) An accumulation of traffic violations by faculty and staff shall be cause for disciplinary action as stated in WAC 132P-116-100 and subsection (8) of this section.

(5) Parking and traffic violations will be processed by the college. Parking fines are to be paid at the college's cashier counter during business hours.

(6) A schedule of fines shall be reviewed annually by the director of facility operations and the vice president of administrative services or their designee. This schedule shall be a supplement to the parking and traffic rules and regulations and attached and printed on all college citation forms.

(7) In the event a registered owner of a vehicle fails or refuses to pay a fine, the following may result:

(a) The fine will be referred to a collection agency and additional fees may be added.

(b) The registered owner of the vehicle may be denied future parking privileges.

(8) In the event a registered owner of the vehicle has multiple unpaid fines, the vehicle may be impounded or immobilized.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-260, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-260, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-260, filed 8/27/80.

Wash. Admin. Code § 132P-116-270 Parking fees.

Parking fees may be adopted by the board of trustees. The fee schedule shall be published in the quarterly class schedule and posted in the security office.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-270, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-270, filed 8/27/80.

Wash. Admin. Code § 132P-116-280 Liability of the college.

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

(1) The college, the college facility operations department, the college security department, the college security officers, members and employees shall not be held liable for any damages or losses occurring to or from vehicles or equipment when rendering motorists assistance, impounding vehicles, or performing any duties as described in these parking and traffic rules and regulations. This section also applies to nonvehicular modes of transportation.

(2) The college provides only limited maintenance to college parking lots. Persons using the college parking lots do so at their own risk. The college will not be responsible for any liability or damage claims.

(3) No bailment is created by the issuance of a parking permit.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-280, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-280, filed 8/27/80.

Wash. Admin. Code § 132P-116-290 Appeal of fines and penalties.

An appeal from any fine or penalty levied against an individual pursuant to these rules and regulations may be made in writing to the parking/traffic appeals board within five business days from the date of the citation. Within twenty business days from the receipt of any such appeal, the parking/traffic appeals board shall render a written decision that shall be final.

As an alternative, an individual may, within five business days, request an appearance before the parking/traffic appeals board. Failure to appeal in writing or request an appearance within the five-day period constitutes a waiver of right to appeal. The decision of the parking/traffic appeals board shall be final.

History

Statutory Authority: RCW 28B.50.140. WSR 97-19-026, § 132P-116-290, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). WSR 80-12-026 (Order 21-80, Resolution No. 21-80), § 132P-116-290, filed 8/27/80.

Wash. Admin. Code § 132P-116-300 Parking/traffic appeals board.

The parking/traffic appeals board shall be appointed by the campus security sergeant. The board shall include a minimum representation of one student, one faculty, and one classified staff. The board shall meet on a regular basis at such times as the campus security sergeant shall designate. The board shall hear appeals of citations issued pursuant to these regulations and render a written decision within twenty business days of the hearing. The board's decision shall be final.

History

Statutory Authority: RCW 28B.50.140. WSR 11-05-016, § 132P-116-300, filed 2/4/11, effective 7/1/11
WSR 97-19-026, § 132P-116-300, filed 9/8/97, effective 10/9/97.

Chapter 132P-136 Facility use for other than first amendment activities.

Wash. Admin. Code § 132P-136-100 Title.

WAC 132P-136-100 through 132P-136-200 will be known as facility use for other than first amendment activities for Community College District 16.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-100, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-105 Statement of purpose.

Yakima Valley Community College District 16 is an educational institution provided and maintained by the people of the state of Washington. The college reserves its facilities, buildings and grounds for those activities that are related to its broad educational mission. At other times, the college facilities may be made available to other individuals and organizations.

The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for noncollege groups and for college groups where applicable.

In keeping with this general purpose, and consistent with RCW 28B.50.140(7) and 28B.50.140(9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching or public service programs.

Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements by both organizations and individuals must be made through the designated reservation clerk.

The designated reservation clerk shall be the office within the organization of the college which has responsibility for scheduling a particular district facility. The designation of the reservation clerk shall be made by the college president or his/her designee(s).

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-105, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-110 Facilities use for first amendment activities.

This chapter does not apply to those individuals or groups using the college facilities for first amendment activities. Use of the campus for first amendment activities, as defined by law, is governed by the rules set forth in WAC 132P-142-010 through 132P-142-080.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-110, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-120 Request for use of facilities.

Requests to use college facilities shall be made to the designated reservation clerk, who shall be the agent of the college in consummating use agreements.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-120, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-130 Facility use board policy.

The board of trustees of Yakima Valley Community College District 16 provides college personnel, students, college organizations and the general public the opportunity to use the college grounds and buildings subject to WAC 132P-136-100 through 132P-136-200 and in compliance with local, state and federal laws.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-130, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-140 Scheduling and reservation practices.

The primary purpose of college facilities is to serve the instructional programs of the college. However, the facilities, when not required for scheduled college use, may be available for use in accordance with current fee schedules and other relevant terms and conditions for such use.

College facilities may not be used by individuals or groups from outside the college unless the facilities including buildings, equipment and land have been reserved.

In determining whether to accept a request for the use of college facilities, the designated reservation clerk shall use as guidelines the mission of the college and the following items, listed in priority order:

(1) Yakima Valley Community College instruction, scheduled programs and activities.

(2) Major college events.

(3) Noncollege (outside individual or organization) events.

Arrangements for use of college facilities must be made through the designated reservation clerk. Application for the use of facilities and grounds shall be made no later than ten working days prior to the date the event is scheduled to occur.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-140, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-150 Limitations of use.

(1) Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions or service-related activities), groups must obey or comply with directions of an authorized representative of the college.

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

(3) Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates a likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.

(4) No person may enter onto college grounds or facilities possessing a visible firearm or other dangerous weapon, except specifically as allowed by law.

(5) College facilities may be used for purposes of political campaigning by or for candidates who have filed for public office, directed to members of the public, only when the full rental cost of the facility is paid. Use of state funds to pay for facility rental costs for political campaigns is prohibited.

(6) Promotional materials or posting for any event being held in a college facility must follow the same procedure as applies to students outlined in WAC 132P-33-130.

(7) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs.

(8) YVCC facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college, are either sponsored by an appropriate college unit or conducted by contractual agreement with the college.

(9) Alcoholic beverages will not be served without the approval of the president or his/her designee(s). It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor control board and adhere to their regulations including all state and local regulations and laws, and those of Yakima Valley Community College.

(10) The use of tobacco products is prohibited at Yakima Valley Community College except in designated areas.

(11) Authorization for use of college facilities shall not be considered as endorsement of or approval of any group or organization nor the purposes they represent. The name of the college shall not be associated with any program or activity for which the college facilities are used without specific written approval from the president or his/her designee(s).

(12) Rental of college facilities carries no right of advertising on college premises other than the right to post a sign for the purpose of directing people to the place of assembly.

(13) Unless otherwise provided by contractual agreement, an authorized member of the college staff shall be required to be available at times when college facilities are in use by a group. If service beyond normal business hours is required as a result of any meeting, such time shall be paid by the using organization at the currently established rate. The college may require and charge users for security services at the college's discretion.

(14) Audio-visual equipment and materials are intended to support and supplement the college's curriculum. Equipment shall not be rented to external users, unless official prior approval has been granted and currently established rates are charged. The existence of equipment in a rented space does not mean the user has the right to use it.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-150, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-160 Denial of use.

Yakima Valley Community College is a state agency and exists to serve the public. However, the college may deny use of its facilities to any individual, group or organization if the requested use would:

(1) Interfere or conflict with the college's instructional, student services or support programs;

(2) Interfere with the free flow of pedestrian or vehicular traffic on campus;

(3) Involve illegal activity;

(4) Create a hazard or result in damage to college facilities; or

(5) Create undue stress on college resources.

The board of trustees hereby delegates to the president or his/her designee(s) the right to cancel the facilities rental agreement at any time and to refund any payment to the college for the use of college facilities. If imminent danger exists or unlawful activity is practiced by the using organization, or if there is any violation of any term, condition or provision of the use arrangement, the college may terminate an agreement immediately and without notice.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-160, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-170 Other requirements.

When using college facilities, an individual or organization may be required to make an advance deposit, post a bond and/or obtain insurance to protect the college against cost or other liability.

When the college grants permission to an individual or organization to use its facilities, it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage 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 11-11-067, § 132P-136-170, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-180 Facility rental/use fees.

Fees will be charged in accordance with the rates available from the designated reservation clerk. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

The college reserves the right to have trained college staff operate any and all technical equipment at the user's expense. Rates and fees for use of facilities are available from the reservation clerk.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-180, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-190 Animals on campus.

Animals are prohibited from events on college grounds and from entering college buildings, with the following exceptions:

(1) Service animals;

(2) Events at which animals are participants;

(3) When animals are part of an academic program.

Owners shall have immediate physical control of their animals (for example: Leashed, caged or carried) while on the grounds of Yakima Valley Community College.

Exceptions to this section may be authorized by the college president or his/her designee(s).

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-190, filed 5/16/11, effective 7/1/11.

Wash. Admin. Code § 132P-136-200 Trespass.

Individuals who are not students or members of the faculty or staff and who violate the rules set forth in this chapter will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or his/her designee(s), to leave the college property. Such a request prohibits the entry of and withdraws the license or privilege to enter onto or remain upon any portion of the college facilities by the person or group of persons requested to leave. Such persons shall be subject to arrest under the provisions of chapter 9A.52 RCW. Individuals requested to leave college property may appeal that decision by submitting to the college president by certified mail, return receipt requested, a letter stating the reasons the person should not be barred from college facilities. The college president or his/her designee(s) shall respond in writing within fifteen calendar days with a final decision of the college. Persons shall continue to be barred from college property while an appeal is pending.

Students, faculty, and staff of the college who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with this chapter or with other applicable rules, regulations, or policies.

History

Statutory Authority: RCW 28B.50.140. WSR 11-11-067, § 132P-136-200, filed 5/16/11, effective 7/1/11.

Chapter 132P-142 Use of Yakima Valley Community College District 16 facilities for first amendment activities.

Wash. Admin. Code § 132P-142-010 Title.

This chapter shall be known as Use of Yakima Valley Community College District 16 Facilities for First Amendment Activities.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-010, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-015 Definitions.

For the purposes of this policy noncollege groups shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Yakima Valley Community College (YVCC) or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

For purposes of this policy, college groups shall mean individuals who are currently enrolled students or current employees of Yakima Valley Community College or who are affiliated with a recognized student organization or a recognized employee group of the college.

The college is a limited public forum for noncollege groups. The limited public forum does not include college buildings or athletic fields. College buildings, rooms, and athletic fields may be rented in accordance with the college's facilities use policy.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-015, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-020 Statement of purpose.

Yakima Valley Community College District 16 is an educational institution provided and maintained by the people of the state of Washington. The public character of the college does not grant to individuals an unlimited license to engage in activity that limits, interferes with, or otherwise disrupts the normal activities for and to which the college's buildings, facilities, and grounds are dedicated and said buildings, facilities, and grounds are not available for unrestricted use by noncollege groups. While said buildings, facilities, and grounds are not available for unlimited use by college groups, it is recognized that Yakima Valley Community College students and employees should be accorded opportunity to utilize the facilities and grounds of the college to the fullest extent possible.

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

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-020, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-030 First amendment activities and protection of the college mission.

The college recognizes and supports the rights of groups and individuals to engage in first amendment activities. This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the college to fulfill its mission as an educational institution of the state of Washington.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-030, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-040 Request for use of facilities.

Subject to the regulations and requirements of this policy, college or noncollege groups may use the campus limited forum for those activities protected by the first amendment. Examples of first amendment activities would include, but not be limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, mass protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective, or viewpoints.

Noncollege groups that intend to be on campus to engage in first amendment activities (hereinafter "the event") shall provide notice to the college security department no later than forty-eight hours prior to the event along with the following information:

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

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

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

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

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

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

Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

If more than thirty people are expected to participate in the event, the college shall specify the campus location.

The use of sound amplification devices is limited to the limited public forum area as long as the sound amplification device is used at a volume that does not disrupt or disturb the normal use of classrooms, offices, or laboratories or any previously scheduled college event or activity.

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

Events shall be held within the college's hours of operation. College group events shall not last longer than eight hours from beginning to end. Noncollege events shall not last longer than five hours from beginning to end.

Information may be distributed as long as it is not obscene or libelous or does not advocate unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. To avoid excessive littering of the campus and/or greatly increased work requirements for college physical plant employees, groups are asked to cooperate with the college in limiting the distribution of information leaflets or pamphlets to the limited public forum site. Leafletting cars in YVCC parking lots is prohibited.

Speech that does no more than propose a commercial transaction shall not occur in connection with the event.

The limited public forum used by the group should be cleaned up and left in its 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 clean-up or for the repair of damaged property.

All fire, safety, sanitation, or special regulations specified for the event are to be obeyed.

The college cannot and will not provide equipment, utility connections, or hook-ups for purposes of first amendment activities conducted pursuant to this policy.

The event must not 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.

The event must not create safety hazards or pose unreasonable safety risks.

The event must not interfere with college operations or educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students.

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

The event must also be in accordance with any other applicable regulations and policies of Yakima Valley Community College, local ordinances and/or state or federal laws.

The use of intoxicants is prohibited on campus unless expressly authorized by the college. Smoking is not permitted, except in designated areas.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-040, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-050 Additional requirements for noncollege groups.

The limited public forum may not be used on the same date as any previously scheduled college event or activity at the site (aside from regularly scheduled classes) where it is reasonably anticipated that more than one hundred fifty people on the Yakima Campus (one hundred at other college sites) will attend the college event or activity.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-050, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-060 The role of the president in first amendment decisions.

The president of the college may authorize first amendment activities that are reasonably determined not to cause disruption of college activities despite a literal violation of this policy statement. Such determinations shall be made without consideration of the content or message of the first amendment activities.

The president of the college or designee may at any time, terminate, cancel, or prohibit the event if it is determined, after proper inquiry, that the event does constitute or will constitute a clear and present danger to the college's orderly operation.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-060, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-070 Criminal trespass.

Any person determined to be violating these regulations is subject to an order from the college security department to leave the college campus. Persons failing to comply with such an order to leave the college campus are subject to arrest for criminal trespass.

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-070, filed 4/14/10, effective 6/1/10.

Wash. Admin. Code § 132P-142-080 Posting of a bond and hold harmless statement.

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

History

Statutory Authority: RCW 28B.50.140. WSR 10-09-041, § 132P-142-080, filed 4/14/10, effective 6/1/10.

Chapter 132P-156 College housing.

Wash. Admin. Code § 132P-156-010 Purpose.

It is the purpose of this regulation to establish policies and procedures for application, fees, and discipline within the student residence center. In addition to the rules, regulations, and responsibilities as defined in the "Student Rights and Responsibilities" handbook, residence hall students are also subject to the rules and regulations as printed in the student residence center housing manual, contract, and application forms, which are available for review and inspection upon request from the student residence center manager.

History

Statutory Authority: RCW 28B.50.140(7). WSR 11-21-059, § 132P-156-010, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-156-010, filed 12/4/72.

Wash. Admin. Code § 132P-156-015 Eligibility.

Eligibility to reside in the student residence center is generally limited to individuals enrolled in a minimum of five credits per academic term. Residency between terms is contingent upon documented intent to attend the subsequent term. After processing all student applicants, the student residence center manager may accept applications from college employees or other individuals on a space-available basis and are subject to the approval of the dean of student services. After meeting the needs of students and employees, applications from other individuals may be considered for short-term residence provided that the application submitted establishes a purpose aligned with the college mission.

History

Statutory Authority: RCW 28B.50.140(7). WSR 11-21-059, § 132P-156-015, filed 10/13/11, effective 11/13/11.

Wash. Admin. Code § 132P-156-020 Application and agreements.

(1) A complete application includes the indicated housing deposit and all required signatures. A parent must sign where indicated if the student is a minor.

(2) All terms and conditions of residency are included in the application and agreement packet available in the student residence center office.

(3) Agreement with these terms of residency is indicated by signature of the student, and if a minor, by parent or legal guardian.

(4) Signed agreement as to terms must be returned to the student residence center manager prior to occupancy.

History

Statutory Authority: RCW 28B.50.140(7). WSR 11-21-059, § 132P-156-020, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-156-020, filed 12/4/72.

Wash. Admin. Code § 132P-156-030 Fees.

(1) Fees are set before July 1st of each year by the student residence center manager and approved by the board of trustees.

(2) Fees must be paid before the first day of occupancy.

(3) Current fee schedules are available in the student residence center office.

History

Statutory Authority: RCW 28B.50.140(7). WSR 11-21-059, § 132P-156-030, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-156-030, filed 12/4/72.

Wash. Admin. Code § 132P-156-040 Discipline.

(1) Resident conduct requirements are listed in the student residence center housing manual and the code of student rights and responsibilities, chapter 132P-33 WAC. The housing manual includes a disciplinary guide listing infractions of conduct, which is given to the student on occupancy.

(2) The student residence center manager or designee may direct the student as to proper conduct and/or refer the breach of conduct in accordance with procedures available in the housing manual.

(3) Alleged housing conduct violations are referred to the student residence center manager.

(4) The student residence center manager or designee will determine appropriate procedures or sanctions.

(5) Students receiving discipline as a result of a housing conduct violation have the right of appeal through the dean of student services.

(6) Disciplinary sanctions assessed by the housing manager do not preclude additional procedures and sanctions in accordance with the code of student rights and responsibilities.

History

Statutory Authority: RCW 28B.50.140(7). WSR 11-21-059, § 132P-156-040, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-156-040, filed 12/4/72.

Chapter 132P-160 Admission and registration procedures.

Wash. Admin. Code § 132P-160-020 Admission.

Any applicant for admission to Yakima Valley Community College shall be admitted when, as determined by the chief administrative officer of the district or his authorized representative, such applicant:

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

(2) Would not, by his presence or conduct, create a disruptive atmosphere within the college inconsistent with the purposes of the institution; and

(3) Is eighteen years of age or older or who has a high school diploma or GED; and

(4) Has submitted a complete Washington state community college admission application.

Yakima Valley Community College applicants are admitted on a first-come, first-served basis in accordance with state law. Notwithstanding the foregoing, certain special procedures must be followed for students under the age of eighteen, selective admission programs, former students, veterans, and international students. These special procedures are published in the college catalog.

Placement testing or other professional assessments are generally required. Placement procedures and policies are published in the college catalog.

History

Statutory Authority: RCW 28B.50.140. WSR 11-21-060, § 132P-160-020, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-160-020, filed 12/4/72.

Wash. Admin. Code § 132P-160-026 Registration.

Appointments to register are issued upon completion of designated preregistration procedures as described in the college catalog.

History

Statutory Authority: RCW 28B.50.140. WSR 11-21-060, § 132P-160-026, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-160-026, filed 12/4/72.

Wash. Admin. Code § 132P-160-027 Tuition and fees.

(1) Tuition and fees are based on residency requirements detailed in chapter 28B.15 RCW, college and university fees. Tuition limits are set by the Washington state legislature and approved by the governor. Tuition rates and fees are set by the state board for community and technical colleges and are subject to change.

(2) Special quarterly fees and expenses:

(a) An explanation of fees may be obtained under the fees and expenses section of the college catalog.

(b) Fee schedules are not considered binding between Yakima Valley Community College (YVCC) and students. The college and its divisions reserve the right to make changes. Changes shall take effect whenever the proper authorities determine. Except as other conditions permit, the college will make every reasonable effort to ensure students currently enrolled receive advance notice of changes.

History

Statutory Authority: RCW 28B.50.140. WSR 11-21-060, § 132P-160-027, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-160-027, filed 12/4/72.

Wash. Admin. Code § 132P-160-028 Refund schedule.

The refund schedule is established by the board of trustees. Refunds will be made as described in the college catalog.

History

Order 72-2, § 132P-160-028, filed 12/4/72.

Wash. Admin. Code § 132P-160-029 Resident status.

In determining resident status, students are considered to be residents if they have lived in the state for one year prior to registration and also meet the requirements as outlined in chapter 28.15 RCW. Burden of proof of domicile rests with the student. The registrar will review the questionnaire and will notify the student in writing of the decision, which is subject to appeal. Students who are not residents of the state of Washington are subject to the current nonresident rate for tuition and fees.

History

Statutory Authority: RCW 28B.50.140. WSR 11-21-060, § 132P-160-029, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-160-029, filed 12/4/72.

Wash. Admin. Code § 132P-160-030 Hold on records.

No student will receive an honorable dismissal, or be entitled to a transfer of credits earned, who has not satisfactorily accounted for all college property issued to him and settled all outstanding financial obligations. A student who fails to obtain an honorable dismissal will not be recommended to another institution.

History

Statutory Authority: RCW 28B.50.140. WSR 11-21-060, § 132P-160-030, filed 10/13/11, effective 11/13/11
Order 72-2, § 132P-160-030, filed 12/4/72.

Chapter 132P-276 Public records.

Wash. Admin. Code § 132P-276-010 Purpose.

The purpose of this chapter shall be to ensure compliance by the college with the provisions of the state law dealing with public records, chapter 42.56 RCW.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-010, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-010, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-010, filed 12/6/74.

Wash. Admin. Code § 132P-276-020 Definitions.

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

(2) Writing. "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, drums, and other documents.

(3) Community College District 16. Community College District 16 and Yakima Valley Community College were established pursuant to the Community College Act of 1967. Community College District 16 and Yakima Valley Community College shall hereinafter be referred to as the "college."

History

Statutory Authority: RCW 28B.50.140. WSR 00-01-076, § 132P-276-020, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-020, filed 12/6/74.

Wash. Admin. Code § 132P-276-021 Description of organization of the college.

The college is a community college district organized under RCW 28B.50.040. The administrative offices of the college and its staff are located at Yakima Valley Community College, Nob Hill and South 16th Avenue, P.O. Box 22520, Yakima, WA 98907-2520.

(1) In addition to the Yakima Campus, the college offers educational programs throughout its district including a campus in Grandview and educational centers in Ellensburg, Toppenish, and Sunnyside.

(2) The college is organized into the following principal parts: President's office, administrative services division, and instruction and student services division.

History

Statutory Authority: RCW 28B.50.140. WSR 00-01-076, § 132P-276-021, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 132P-276-022 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 five-member board of trustees appointed by the governor. The board usually meets once a month in regular session on a date and 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 month.

History

Statutory Authority: RCW 28B.50.140. WSR 00-01-076, § 132P-276-022, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 132P-276-030 Public records available.

All public records of the college, as defined in WAC 132P-276-020, are available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW and chapter 132P-276 WAC or other applicable law.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-030, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-030, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-030, filed 12/6/74.

Wash. Admin. Code § 132P-276-040 Public records officer.

Access to the college's public records shall be through the public records officer designated by the college. The person so designated shall be located in the administrative office of the college. The public records officer shall be responsible for implementing the college 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 chapter 42.56 RCW.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-040, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-040, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-040, filed 12/6/74.

Wash. Admin. Code § 132P-276-050 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the college. For the purposes 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. WSR 00-01-076, § 132P-276-050, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-050, filed 12/6/74.

Wash. Admin. Code § 132P-276-060 Requests for public records.

In accordance with requirements of chapter 42.56 RCW 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 copied 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 upon a form prescribed by the college which shall be available at its administrative office. The form shall be presented to the public records officer; or to any member of the college's staff, if the public records officer is not available, at the administrative office of the college during customary office hours. The request shall include the following information:

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

(b) The time of day and calendar date of the request;

(d) If the matter requested is referenced within an index maintained by the college, a reference to the requested record as described in such index;

(e) If the requested matter is not identifiable by reference to an index, an appropriate description of the record requested.

(2) The public records officer shall reply to written requests within five business days of receipt of the request by:

(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 may 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 record requested.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-060, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-060, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-060, filed 12/6/74.

Wash. Admin. Code § 132P-276-070 Charge for public records.

No fee shall be charged for the inspection of public records.

(1) The college shall charge a fee of fifteen cents per page of copy for providing copies of written public records and for use of the college copy equipment. The college may charge the actual cost for providing copies of public records, including mailing costs and costs for duplicating audio tapes, video tapes, and other media. These charges are the amounts necessary to reimburse the college for its actual costs incident to such copying and mailing. All fees must be paid by money order, cashier's check, or cash in advance.

(2) The public records officer is authorized to waive the foregoing costs. Factors considered in deciding whether to waive costs include, but are not limited to: Providing the copy will facilitate administering the program and/or the expense of processing the payment exceeds the copying and postage cost.

History

Statutory Authority: RCW 28B.50.140. WSR 00-01-076, § 132P-276-070, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-070, filed 12/6/74.

Wash. Admin. Code § 132P-276-080 Exemptions.

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132P-276-060 is exempt under the provisions of chapter 42.56 RCW or other applicable law.

(2) In addition, pursuant to RCW 42.56.210, the college reserves the right to delete identifying details when it makes available or publishes any public record in any cases when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy protected by state law or would impair a vital governmental interest. The public records officer will state the reason for such deletion in writing.

(3) The release or disclosure of student educational records is governed by the Federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-080, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-080, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-080, filed 12/6/74.

Wash. Admin. Code § 132P-276-090 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. 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 a public record, the public records officer or other staff member denying the request shall refer it to the president of the college. The president or designee shall consider the college's obligation to comply with the intent of chapter 42.56 RCW, the exemptions provided in RCW 42.56.210 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 record, or until the close of the second business day following denial of 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 or may file a lawsuit in superior court in the county where the agency record is maintained. 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 the Attorney General

Public Records Review

P.O. Box 40100

Olympia, WA 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. WSR 09-24-049, § 132P-276-090, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-090, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-090, filed 12/6/74.

Wash. Admin. Code § 132P-276-100 Protection of public records.

Access to public records shall be restricted to the viewing area designated by the public records officer. No record shall be physically removed from the viewing area for any reason. Nor shall any member of the public who is viewing documents disassemble, deface, or cause the disorganization of documents for any reason whatsoever. 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. WSR 00-01-076, § 132P-276-100, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-100, filed 12/6/74.

Wash. Admin. Code § 132P-276-110 Records index.

An index of all documents required to be indexed by RCW 42.56.070 shall be maintained at the president's office. The index shall be accessible to the public by request to the public records officer at the above office during customary working hours.

History

Statutory Authority: RCW 28B.50.140. WSR 09-24-049, § 132P-276-110, filed 11/24/09, effective 1/1/10
WSR 00-01-076, § 132P-276-110, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-110, filed 12/6/74.

Wash. Admin. Code § 132P-276-120 Adoption of form.

The college shall adopt a form for use by all persons requesting inspection and/or copies of its public records.

History

Statutory Authority: RCW 28B.50.140. WSR 00-01-076, § 132P-276-120, filed 12/13/99, effective 1/13/00
Order 74-3, § 132P-276-120, filed 12/6/74.

Chapter 132P-325 Regulation on State Environmental Policy Act.

Wash. Admin. Code § 132P-325-010 Policy.

(1) It shall be the policy of Community College District 16 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 77-1, § 132P-325-010, filed 10/20/77.