Title 132q WAC — Spokane Colleges

Chapter 132Q-01 Board of trustees.

Wash. Admin. Code § 132Q-01-006 Organization and operation.

(1) Organization: Washington State Community College District 17, Spokane Colleges including Spokane Community College and Spokane Falls Community College, is established in Title 28B RCW as a public institution of higher education. District 17 is governed by a five-member board of trustees, appointed by the governor. The board employs a chancellor who establishes the structure of the administration.

(2) Operation: The administrative office is located at 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, Washington 99217-6000. Spokane Community College is located at 1810 North Greene Street, Spokane, Washington 99217-5499; Spokane Falls Community College is located at 3410 West Whistalks Way, Spokane, Washington 99224-5288. The office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, except for legal holidays. During summer months, sections of the district may operate on an alternate schedule and throughout the year, evening services are provided. Specific information is available through each campus.

(3) Additional and detailed information concerning the educational offerings may be obtained from the college catalog, available on the Spokane Colleges website and at various locations including college libraries, admissions, and counseling offices.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-01-006, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 34.05.353. WSR 21-12-050, § 132Q-01-006, filed 5/26/21, effective 6/26/21. Statutory Authority: RCW 28B.50.140. WSR 13-15-149, § 132Q-01-006, filed 7/23/13, effective 8/23/13
WSR 11-20-021, § 132Q-01-006, filed 9/23/11, effective 10/24/11
WSR 04-10-065, § 132Q-01-006, filed 4/30/04, effective 5/31/04
WSR 90-21-014, § 132Q-01-006, filed 10/8/90, effective 11/8/90.

Wash. Admin. Code § 132Q-01-010 Bylaws of the board of trustees.

The bylaws of the board of trustees of Washington State Community College District 17 are contained in chapter 1 of the board policy manual.

History

Statutory Authority: RCW 28B.50.140. WSR 04-10-065, § 132Q-01-010, filed 4/30/04, effective 5/31/04
WSR 86-04-010 (Resolution No. 25), § 132Q-01-010, filed 1/24/86.

Wash. Admin. Code § 132Q-01-020 Regular meetings of the board of trustees.

The board of trustees of Washington State Community College District 17 (Spokane Colleges) shall hold regular monthly meetings according to a schedule including place, time and date filed with the Washington state code reviser on or before January 1st of each year for publication in the Washington State Register. Notice of any change from such meeting schedule shall be published in the Washington State Register at least 20 days prior to the rescheduled meeting date.

All regular meetings of the board of trustees shall be held at 3305 West Whistalks Way, Spokane, Washington 99217-5228, unless otherwise announced. Information about specific meeting places and times may be obtained from the office of the board.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-01-020, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 34.05.353. WSR 21-12-050, § 132Q-01-020, filed 5/26/21, effective 6/26/21. Statutory Authority: RCW 28B.50.140. WSR 11-20-021, § 132Q-01-020, filed 9/23/11, effective 10/24/11
WSR 04-10-065, § 132Q-01-020, filed 4/30/04, effective 5/31/04
WSR 86-04-010 (Resolution No. 25), § 132Q-01-020, filed 1/24/86.

Wash. Admin. Code § 132Q-01-030 Special meetings of the board of trustees.

Special meetings of the board of trustees may be called by the chairperson of the board or by a majority of the members of the board by written notice delivered by email, mail or in person to each member at least twenty-four hours before the time of such meeting. Such notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Notice of such special meetings also shall be provided twenty-four hours prior to such meetings to each local newspaper of general circulation and to each local radio and television station which has on file a written request to be notified of such special meetings or of all meetings of the board.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-021, § 132Q-01-030, filed 9/23/11, effective 10/24/11
WSR 86-04-010 (Resolution No. 25), § 132Q-01-030, filed 1/24/86.

Wash. Admin. Code § 132Q-01-040 Office of the board of trustees.

The board of trustees of Washington State Community College District 17 shall maintain an office at 501 North Riverpoint Boulevard, P.O. Box 6000, MS 1001, Spokane, Washington, 99217-6000. All records, minutes and the official district seal shall be kept in the board office. This office shall be open during all normal working hours.

History

Statutory Authority: RCW 28B.50.140. WSR 04-10-065, § 132Q-01-040, filed 4/30/04, effective 5/31/04
WSR 86-04-010 (Resolution No. 25), § 132Q-01-040, filed 1/24/86.

Wash. Admin. Code § 132Q-01-050 Correspondence for the board of trustees.

Correspondence or other business for the board of trustees of Washington State Community College District 17 shall be sent to the secretary of the board at the office of the board, 501 North Riverpoint Boulevard, P.O. Box 6000, MS 1001, Spokane, Washington 99217-6000.

History

Statutory Authority: RCW 28B.50.140. WSR 04-10-065, § 132Q-01-050, filed 4/30/04, effective 5/31/04
WSR 86-04-010 (Resolution No. 25), § 132Q-01-050, filed 1/24/86.

Chapter 132Q-02 Student records.

Wash. Admin. Code § 132Q-02-335 Purpose.

The purpose of this chapter is to establish rules that comply with the requirements of the Family Educational Rights and Privacy Act of 1974 (FERPA), located at Title 20 United States Code. FERPA provides students with the following rights:

(1) The right to inspect and review their education records;

(2) The right to seek amendment of their education records to correct information which they believe is inaccurate, misleading or otherwise in violation of student privacy rights;

(3) The right to consent to disclosure of personally identifiable information, except for disclosure to school officials with a legitimate educational interest and except to the extent FERPA authorizes disclosure without consent; and

(4) The right to be informed annually of their rights under the act if they are currently in attendance.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-335, filed 9/23/11, effective 10/24/11.

Wash. Admin. Code § 132Q-02-340 Definitions.

The following definitions shall apply in interpreting these regulations:

(1) Directory information: Information contained in an educational record of a student that would not be generally considered harmful or an invasion of the privacy if disclosed. It includes, but is not limited to: The student's name, major field of study, dates of attendance, enrollment status (e.g., full-time or part-time), participation in recognized sports, degree or certificate earned, term degree or certificate awarded, and honors received.

(2) Educational record: Those records, except as provided otherwise in (b) of this subsection, directly related to a student and maintained by the college or a party acting for the college.

(a) Education records include, but are not limited to:

(i) Official transcripts of course taken and grade received; records relating to prior educational experience; and admission records;

(ii) Tuition and payment records;

(iii) Student disciplinary records;

(iv) Course records (e.g., examinations, term papers, essays, etc.);

(v) Employment records based on student status (e.g., work study).

(b) Educational records do not include:

(i) Records of instruction, supervisory, and administrative personnel and educational personnel which are in the sole possession of the originator and which are not accessible or revealed to any other person except a substitute or designee;

(ii) Records created and maintained by campus security for law enforcement purposes;

(iii) In the case of persons who are employed by an educational agency or institution, but who are not in attendance at such agency or institution, records made and maintained in the normal course of business, which relate exclusively to such person's employment, are not available for use for any other purpose;

(iv) Records containing medical or psychological information are not available to anyone other than the individual(s) providing treatment; however, such records may be personally reviewed by a physician or other appropriate professional upon the student's written consent.

(3) Legitimate educational interest: If the information requested by the school official is necessary for the official to perform a task specified in his/her position description or contract agreement including: The performance of a task related to a student's education; the performance of a task related to the discipline of a student; the provision of a service or benefit related to the student or student's family, such as health education, counseling, advising, student employment, financial aid, or other student service related assistance; the maintenance of the safety and security of the campus; and/or the provision of legal assistance regarding a student matter.

(4) Parent: Defined as a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

(5) Personal identifiable information: This includes, but is not limited to: Student's name, the name of the student's parent or other family member; the address of the student or the student's family; a personal identifier such as the student's Social Security number or student identification number; a list of personal characteristics that would make the student's identity easily traceable; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

(6) Record: Any information recorded in any way, including, but not limited to: Handwriting, print, computer media, video or audio media, microfilm and microfiche.

(7) School official: All of the following who act in the student's educational interests within the limitations of their need to know:

(a) A person employed by Spokane Colleges in an administrative, supervisory, academic, research, support staff, law enforcement or health care service position;

(b) A person serving on the Spokane Colleges board of trustees;

(c) A student serving on an official Spokane Colleges committee or assisting another school official in fulfilling their professional responsibilities (examples include, but are not limited to, service on a disciplinary committee and work study students); and

(d) A contractor, consultant, volunteer or other party with whom Spokane Colleges has contracted to provide a service and/or to assist another school official in conducting official business (examples include, but are not limited to: An attorney, an auditor, a collection agency, or the National Student Clearinghouse, an agency which acts as a clearinghouse for student loan deferment reporting).

(8) Student: Any person, regardless of age, who is or has been officially registered in attendance at Spokane Colleges at any location at which Spokane Colleges offers programs/courses with respect to whom Spokane Colleges maintains educational records.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-02-340, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 21-22-011, § 132Q-02-340, filed 10/21/21, effective 11/21/21. Statutory Authority: RCW 28B.50.140. WSR 12-05-104, § 132Q-02-340, filed 2/21/12, effective 3/23/12
WSR 11-20-022, § 132Q-02-340, filed 9/23/11, effective 10/24/11. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-340, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-340, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-02-360 Education records—Student's right to inspect.

A student has the right to inspect and review his/her education records.

(1) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (a), (b), and (c) of this subsection. The college may require proof of identification, such as a driver's license, college student identification card, or other photographic identification.

(a) The student may specifically release his or her right to review where the information consists only of confidential recommendations respecting:

(i) Admission to any educational institution; or

(ii) An application for employment; or

(iii) Receipt of an honor or honorary recognition.

(b) A student's waiver of his or her right to access confidential statements shall apply only if:

(i) The student is, upon request, notified of the names of person(s) making confidential statements concerning him or her; and

(ii) Such confidential statements are used solely for the purpose for which they were originally intended; and

(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the college/instructional unit.

(c) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under this subsection. Such records shall remain confidential and shall be released only with the consent of the author. The institution shall use these records only for the purpose for which they were originally intended.

(2) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to himself/herself.

(3) The office of the registrar is the official custodian of academic records; and, therefore, is the only office who may issue an official transcript of the student's academic record.

(4) Student educational records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with this section be removed or destroyed prior to providing the student access.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-360, filed 9/23/11, effective 10/24/11. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-360, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-360, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-02-370 Records requests and appeals.

(1) A request by a student for review of information shall be made in writing to the college individual(s) or office(s) having custody of the particular record.

(a) The college may refuse to provide copies of education records, including transcripts and diplomas in the following circumstances:

(i) If the record is a secure exam as determined by the department that maintains the exam, so that the integrity of such exams may be protected;

(ii) If the student has outstanding debts owed to the college, so that the college may facilitate collection of such debts; and/or

(iii) If disciplinary action is pending or sanctions are not completed.

(b) The college must provide copies of the educational record, subject to the provision of this subsection in the following circumstances:

(i) If failure to do so would effectively prevent the student from inspecting and reviewing a record;

(ii) When records are released pursuant to a student's consent and the student requests copies; and/or

(c) When the records are transferred to another education institution where the student seeks to attend or intends to enroll and the student requests copies.

(2) An individual(s) or office(s) must respond to a request for education records within a reasonable period of time, but in no case more than forty-five days after the request has been made. A college individual(s) or office(s) which is unable to comply with a student's request within the above-stated time period shall inform the student of that fact and the reason(s) in writing.

(3) A student who feels that his/her request has not been properly answered by a particular individual(s) or office(s) should contact the chief student services officer.

(a) In cases where a student is dissatisfied after consulting with the chief student services officer, the student may appeal to the college records committee. The college's records committee shall render its decision within a reasonable period of time. In all cases, the decision of the college's records committee is final.

(b) In no case shall any request for review by a student be considered by the college's records committee, which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.

(c) The college's records committee shall not review any matter regarding the appropriateness of official academic grades.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-370, filed 9/23/11, effective 10/24/11. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-370, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-370, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-02-374 Amendment of records.

If a student believes his/her educational records contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, the student may ask the college to amend the record. Requests for amendment must be submitted to college individual(s) or office(s) having custody of the particular record. The college individual(s) or office(s) having custody of the particular record will review the request and may consult other college personnel who participated in the creation of the record to determine whether to grant the request for amendment.

(1) If the college decides to grant the student's request, the college shall amend the education record and will inform the student of the action taken. Such notification will be in writing and will be made within a reasonable time.

(2) If the college decides not to amend the education record as requested, the college will notify the student in writing within a reasonable time after receiving the request for amendment.

(3) If a student wants a hearing, the student must make a written request within ninety days of the date of the denial. The request shall be submitted to the college individual(s) or office(s) having custody of the particular record and must identify why the student believes the information contained in the education record(s) is inaccurate, misleading or in violation of the privacy rights of the student.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-374, filed 9/23/11, effective 10/24/11.

Wash. Admin. Code § 132Q-02-377 Disclosure of education records requiring consent.

Students shall provide a signed and dated written consent before the college discloses personally identifiable information from a student's educational records. The written consent must:

(1) Specify the records that may be disclosed;

(2) State the purpose of the disclosure; and

(3) Identify the party or class of parties to whom the disclosure may be made.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-377, filed 9/23/11, effective 10/24/11.

Wash. Admin. Code § 132Q-02-380 Disclosures authorized without consent.

The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the following:

(1) Agencies or organizations requesting information in connection with a student's application for or receipt of financial aid. If the information is necessary to:

(a) Determine eligibility for financial aid;

(b) Determine the amount of financial aid;

(d) Enforce the terms and conditions of financial aid.

(2) Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the United States Department of Education, or state or local authorities requiring access to education records, in connection with the audit or evaluation of a federal or state supported education program or in connection with the enforcement of or compliance with federal legal requirements which relate to such a program.

(3) School officials who have a legitimate educational interest in the records.

(4) Parent of a minor student or a nonminor dependent student, as defined in the Internal Revenue Code and upon submission of a copy of the most recent Internal Revenue Service annual tax return showing the student as a dependent.

(5) Officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

(6) Organizations conducting studies for, or on behalf of, the college for the purpose of developing, validating or administering predictive tests; administering student aid programs or improving instruction, if the studies are conducted in a manner that will not permit the personal identification of students or their parents by persons other than representatives of such organizations who have legitimate interests in the information; such information will be destroyed when no longer needed for the purposes for which it was provided, and the college enters into a written agreement with the organization that specifies the purpose, scope, and duration of the study and the information to be disclosed, requires the organization to use personally identifiable information from education records only to meet the purpose(s) of the study as stated in the written agreement and requires the organization to conduct the study in a manner that does not permit personal identification of parents and students to anyone other than representatives of the organization within a specified time period when it is no longer needed for the purposes for which the study was conducted.

(7) Accrediting organizations to carry out accreditation functions.

(8) Persons or entities designated by a judicial order or lawfully issued subpoena, upon the condition that the college makes a reasonable effort to notify the student of all such orders or subpoenas and of its intent to release records in advance of compliance with the order or subpoena, unless:

(a) It is a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

(b) A subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response not be disclosed; or

(c) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b (g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

(9) Appropriate persons, including parents of an eligible student, in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of the student or other individuals.

(10) Persons who request information that is designated as "directory information."

(11) Victims alleging a crime of violence or a nonforcible sex offense, the final results of a disciplinary proceeding conducted by the college after October 7, 1998, with respect to the alleged crime or offense. Disclosure is permitted regardless of whether the college concluded a violation was committed.

(12) To others, the final results of the disciplinary proceeding when, at its discretion the college believes that disclosure will serve a legitimate educational interest, and determines through a disciplinary proceeding conducted under its student conduct code that the alleged student perpetrator committed a crime of violence or a nonforcible sexual offense that is a violation of the college rules or policies with respect to such crime or offense. For purposes of this subsection, "final results" means the name of the student perpetrator, the violation committed, and any sanction imposed by the college on that student. Names of other students involved in the violation, such as a victim or witness, will be released only with the written consent of those students.

(13) Parent of a student of the college regarding the student's violation of any federal, state or local law, or of any rule or policy of the college governing the use of alcohol or controlled substance, if the student is under the age of twenty-one, and the college had determined that the student has committed a disciplinary violation with respect to that use or possession.

(14) When a parent or eligible student initiates legal action against the college or when the college initiates legal action against the parent or eligible student, the college may disclose to the court any education records of the student that are relevant to the legal action.

(15) Students upon providing evidence sufficient to demonstrate that the requesting individual is in fact the student to whom the records relate such as: A driver's license, a college student identification card, or other photographic identification.

(16) For deceased students, members of the family or other persons with the written approval of the family or representatives of the estate. The request for education records must be accompanied by a copy of the death certificate or obituary. Absent written approval from the family or representative of the estate, only directory information will be disclosed to persons upon request.

(17) The disclosure concerns sex offenders and other offenders required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines.

(18) The disclosure involves records or information from which all personally identifiable information has been removed

Students may request in writing that the college not release directory information through written notice to the registrar.

Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-022, § 132Q-02-380, filed 9/23/11, effective 10/24/11. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-380, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-380, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-02-390 College records.

All college individual(s) or office(s) that have custody of education records will develop procedures for handling these records. These procedures will be filed with the college's records committee, which will be responsible for periodic review of college and department procedures.

(1) Disciplinary records shall be kept separate from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action. Special precautions shall be exercised to insure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provisions shall be made for periodic review and routine destruction of inactive disciplinary records by offices maintaining such records.

(2) No records shall be kept that reflect a student's political or ideological beliefs or associations.

(3) Entities within Spokane Colleges share education records.

(4) Students requesting an official copy of their educational transcripts must provide a written request including name, address, student identification number and where the transcript is to be sent.

(5) A processing fee will be assessed for any official transcript sent to institutions outside the jurisdiction of Spokane Colleges.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-02-390, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-390, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-390, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-02-400 Records committee.

Each college shall have a college records committee. The college's records committee shall be responsible for reviewing unusual requests for information, hearing appeals under WAC 132Q-02-370, reviewing college and department records procedures, and for assisting in the interpretation of these rules.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-02-400, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-02-400, filed 8/25/03, effective 9/25/03.

Chapter 132Q-07 General campus conduct.

Wash. Admin. Code § 132Q-07-010 Authority to demand identification.

(1) For the purpose of determining whether probable cause exists for application of any section of chapter 132Q-30 WAC to any conduct by any person on a college facility, any faculty or other college personnel of Spokane Colleges may demand that any person on college facilities produce evidence of student enrollment at the college, by tender of said person's student identification card.

(2) Refusal by a student to produce a student identification card, as required by subsection (1) of this section, shall be cause for disciplinary action under chapter 132Q-30 WAC.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-07-010, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-07-010, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-07-010, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-07-020 Right of assembly.

(1) Students shall have the right of "assembly" upon college facilities that are generally available to the public. Such assembly shall:

(a) Be conducted in an orderly manner; and

(b) Not unreasonably interfere with vehicular or pedestrian traffic; or

(c) Not unreasonably interfere with classes, schedules, meetings or ceremonies, or with educational functions of the college; and

(d) Not unreasonably interfere with college functions.

(2) A student who conducts or participates in an assembly that violates any provision of this section shall be subject to disciplinary action under chapter 132Q-30 WAC.

(3) Nonstudents who participate in, aid or abet any assembly or assemblies in violation of this section shall be subject to possible prosecution under the state criminal trespass law and/or any other possible civil or criminal remedies available to the college. Faculty and other college personnel who participate in, aid or abet any assembly or assemblies in violation of this section shall be subject to appropriate discipline.

History

Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-07-020, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-07-020, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-07-030 Outside speakers.

(1) Any recognized campus student organization may invite speakers on campus, subject to provisions of this section.

(2) The appearance of an invited speaker on a campus does not represent an endorsement, either implicit or explicit, of views or opinions of the speaker by Spokane Colleges, its students, its faculty, its college personnel, its administration or its board.

(3) The scheduling of speakers including, but not limited to, those expecting to use campus facilities, including notification of the identity of the speaker(s), time of the speech, the place of the speech and the manner in which the speech will be transmitted shall be made through the facilities scheduling office of the campus at which the speaker will appear.

(4) If it is expected that an outside speaker is to be compensated with any institutional funds, the appropriate student activities office will be notified at least 30 days prior to the appearance of an invited speaker, at which time a personal services contract (available in the student activities office) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring organization's advisor, and filed with the student activities office. Exceptions to the 30-day ruling may be made by the appropriate administrator.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-07-030, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 10-06-012, § 132Q-07-030, filed 2/19/10, effective 3/22/10. Statutory Authority: Chapter 28B.50 RCW. WSR 07-10-042, § 132Q-07-030, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-07-030, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-07-040 Distribution of materials.

(1) Handbills, leaflets, newspapers, and similarly related material (including religious matter) distributed free of charge by any student, nonstudent, member of a recognized student organization or college personnel may be distributed upon a college campus, provided that such distribution does not interfere with the free flow of vehicle or pedestrian traffic.

(2) Newspapers, leaflets, and similarly related materials offered for sale by any student or nonstudent person or organization may be distributed and sold only through the college book store as are other commercial forms of merchandise, subject to reasonable rules and regulations that may be imposed by the bookstore manager. Exceptions may be made by the appropriate vice president or designee.

(3) The organization or individual publishing and distributing handbills, leaflets, newspapers, and similarly related material (including religious matter) is encouraged but not required to include its or his/her name and contact information on the distributed material.

(4) Any distribution of the materials regulated in this section shall not be construed as endorsement of the same by the college or by the board of trustees of Spokane Colleges.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-07-040, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 10-06-012, § 132Q-07-040, filed 2/19/10, effective 3/22/10
WSR 03-18-021, § 132Q-07-040, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-07-050 Commercial activities.

(1) No student or college personnel shall use college facilities for commercial solicitation, or promotional activities except when such activities clearly serve educational objectives. These activities include but are not limited to the display of books of interest to the academic community or the display or demonstration of technical or research equipment. Commercial solicitation may be conducted under the sponsorship or request of a college department or the office of student activities of the college, 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.

(2) For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 132Q-07-040.

History

Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-07-050, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-07-060 Trespass.

The appropriate president or designee of the college in the instance of any event that is determined to be disruptive of order, impedes the movement of vehicles or persons; or threatens to disrupt the movement of persons from college facilities or grounds, shall have the power and authority to:

(1) Give notice against trespass by any manner provided for by law, to any person(s), or group against whom the privilege has been withdrawn or who have been prohibited from entering on or remaining upon any or all portions of a college facility; or

(2) Prohibit the entry of, or withdraw the privilege of a person(s) or any group to enter or remain on all or any portion of a college facility or the entire college district; or

(3) Order any person(s), or group to leave or vacate all or any portion of a college facility or grounds.

Any student or nonstudent who shall disobey a lawful order given by the president, or designee, pursuant to the requirements of this section, shall be subject to disciplinary action and/or referred to law enforcement for possible criminal charges.

History

Statutory Authority: RCW 28B.50.140. WSR 12-05-105, § 132Q-07-060, filed 2/21/12, effective 3/23/12
WSR 03-18-021, § 132Q-07-060, filed 8/25/03, effective 9/25/03.

Chapter 132Q-10 Standards of conduct for students.

Wash. Admin. Code § 132Q-10-101 Standards of conduct for students—Preamble.

(1) Spokane Colleges, a multicollege district, provides its community and students with education and services of the highest quality. We do this in a manner which exhibits concern and sensitivity to students, faculty, staff and others who utilize our services and facilities. It is essential that members of Spokane Colleges exhibit appropriate and conscientious behavior in dealing with others.

(2) Spokane Colleges expects all students to conduct themselves in a manner consistent with its high standards of scholarship and conduct. Student conduct, which distracts from or interferes with accomplishment of these purposes, is not acceptable. Students are expected to comply with these standards of conduct for students both on and off campus and acknowledge the college's authority to take disciplinary action.

(3) Admission to a college within Spokane Colleges carries with it the presumption that students will conduct themselves as responsible members of the academic community. This includes an expectation that students will obey the law, comply with policies, procedures and rules of the district, the colleges and their departments, maintain a high standard of integrity and honesty and respect the rights, privileges and property of other members of Spokane Colleges.

(4) Students are responsible for their conduct. These standards of conduct for students promote Spokane Colleges's educational purposes and provide students a full understanding of their rights and responsibilities. Sanctions for violations of the standards of conduct for students will be administered under this chapter. When violations of laws of the state of Washington and/or the United States are also involved, the college may refer such matters to proper authorities and in the case of minors, this conduct may be referred to parents or legal guardians consistent with the provisions of FERPA.

(5) This chapter, chapter 132Q-10 WAC, constitutes the Spokane Colleges standards of conduct for students. This chapter may also be referred to as the Spokane Colleges student code of conduct.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-101, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-101, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-105 Definitions.

For the purposes of this chapter, the following terms shall mean:

(1) "Accused student" means any student accused of violating the standards of conduct for students.

(2) "Appeals board" is a district-wide board composed of one administrator from each college appointed by the chief executive of that college. The appeals board considers appeals from a student conduct board's determination or from the sanctions imposed by the student conduct officer. The appeals board is convened by the student conduct officer.

(3) The "chief student services officer" is the vice president of student services of Spokane Community College or of Spokane Falls Community College, or a person designated by the college president to be responsible for the administration of the standards of conduct for students. The chief student services officer also serves as the Title IX coordinator for matters regarding conduct of Spokane Colleges students.

(4) "College" means Spokane Community College, Spokane Falls Community College, and all locations of Spokane Colleges.

(5) "College official" includes any person employed by the college performing assigned duties with the exception of work study students.

(6) "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the Spokane Colleges (including adjacent streets and sidewalks).

(7) "College president" includes the president of Spokane Falls Community College and the president of Spokane Community College. Each president is authorized to designate a chief student service officer on behalf of his or her respective institutions.

(8) "Complainant" means any member of Spokane Colleges, including employee(s), contractor(s), visitor(s), or guest(s) who submits a report alleging that a student violated the standards of conduct for students. When students believe they have been victimized by another student's misconduct, they have the same rights under these standards as are provided to the complainant, even if another member of Spokane Colleges submitted the charge itself. For the purposes of complaints involving sexual misconduct, the "complainant" is the alleged victim of sexual misconduct even if the complaint is filed by a third party including, but not limited to, complaints filed by Spokane Colleges, SFCC, or SCC.

(9) "Disciplinary action" is the process by which discipline is imposed against a student, members of a student organization, or a student organization for a violation of the standards of conduct for students by a student conduct officer, the student conduct board, the student conduct administrative panel, the appeals board, or a faculty member.

(10) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the chief student services officer, the student conduct officer, the student conduct board, or the student conduct administrative panel. Appeals of all appealable disciplinary action shall be determined by the appeals board.

(11) "Disciplinary hearing" is the process during which an accused student has the opportunity to respond to a complaint alleging a violation(s) of the standards of conduct for students. The accused student has the opportunity to explain what he or she did and to provide evidence that is relevant to the complaint. Alleged misconduct that would not result in suspension in excess of 10 instructional days or an expulsion shall be reviewed through a brief adjudicative proceeding held by the student conduct officer or the student conduct board.

(12) "Faculty member" means a teacher, counselor, or librarian or person who is otherwise considered by the college to be a member of its faculty.

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

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

(b) By sending the document by email and first class mail to the recipient's college email and office address. Papers required to be filed with the college shall be deemed filed upon actual receipt during office hours at the office of the specified official.

(14) "Instructional day" means Monday through Friday, except for federal or state holidays, when students are in attendance for instructional purposes.

(15) "Member of Spokane Colleges" includes any person who is a student, faculty member, college official, guest, contractor, or visitor of Spokane Colleges. A person's status in a particular situation is determined by the chief student services officer.

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

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

(b) By sending the document by email and by certified mail or first class mail to the party's last known address. Service is deemed complete upon hand delivery of document or upon the date the document is emailed and deposited into mail.

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

(18) "Sexually violent conduct" is a sexual or gender-based violation of the standards of conduct for students including, but not limited to:

(a) Nonconsensual sexual activity including sexual activity for which clear and voluntary consent has not been given in advance; and sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping, incapacitated due to alcohol or drugs, has an intellectual or other disability that prevents the individual from having the capacity to give consent, or is subject to duress, threat, coercion or force.

(b) Sexual assault, domestic violence, dating violence, and sexual or gender-based stalking;

(c) Nonphysical conduct such as indecent liberties, sexual exploitation, indecent exposure, sexual exhibitionism, sex or gender-based digital media stalking, sexual or gender-based online harassment, sexual or gender-based cyberbullying, nonconsensual posting or recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.

(19) "Student" includes a person taking courses at or through the college, either full time or part time. For the purposes of the standards of conduct for students, the term applies from the time of application for admission through the actual receipt of a degree or certificate, even though conduct may occur before classes begin or after classes end. The term also applies during the academic year, during periods between terms of actual enrollment and includes individuals who are not officially enrolled for a particular quarter but have a continuing relationship with the college (including suspended students), and students participating in study abroad programs. "Student" also includes "student organization" and persons who withdraw after allegedly violating the standards of conduct for students.

(20) "Student organization" is a student organization, athletic team, or living group including, but not limited to, student clubs and organizations formally recognized as such, members of a class or student cohort, and student performance groups.

(21) "Student conduct administrative panel" is a panel appointed by the president of the college to hear initial complaints referred by the student conduct officer involving allegations of sexual misconduct or other misconduct which may result in a suspension of more than 10 instructional days or dismissal/expulsion from the college. The panel shall consist of three faculty members appointed by the president and two members of the administration, but not the vice president of student services, appointed by the president at the beginning of the academic year. One of the members of the administration shall serve as the chair of the committee. If that individual is not available for a hearing or has a conflict of interest, the other member of the administration shall chair the individual hearing. The chairs shall receive annual training on protecting victims and promoting accountability in cases involving allegations of sexual misconduct. The student conduct officer convenes the board and appoints the chair for each hearing. Hearings may be held by a quorum of three members of the committee so long as one faculty member and one administrator are included on the hearing panel. Committee action may be taken upon a majority vote of all committee members attending the hearing.

(22) "Student conduct board" is a board appointed by the president of the college to hear initial complaints referred by the student conduct officer to determine whether a student has violated the general standards of conduct for students, and to impose sanctions when a violation has been committed for misconduct that would result in discipline involving an academic suspension of 10 instructional days or less or a discipline not involving dismissal or expulsion from the college. The board shall have at least one member from the respective groups: Faculty, students, and administration. The student conduct officer convenes the board and appoints the chair. Hearings may be held by a quorum of three members of the committee so long as one faculty member and one student are included on the hearing panel. Committee action may be taken upon a majority vote of the committee members attending the hearing.

(23) "Student conduct officer" means the individual or individuals designated by the college president to facilitate and coordinate student conduct matters pursuant to these standards of conduct for students.

(24) "Title IX coordinator" means the vice president of student services for the college or his/her designee who is responsible for coordinating Title IX matters regarding students of Spokane Colleges who is also known as the chief student services officer.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-105, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-06-026, § 132Q-10-105, filed 2/22/23, effective 3/25/23. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-105, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-110 Interpretations.

Any question of interpretation or application of the standards of conduct for students shall be determined by the chief student services officer.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-110, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-112 Records.

(1) Disciplinary records are maintained in accordance with the records retention schedule.

(2) The disciplinary record is generally considered confidential pursuant to the Family Educational Rights and Privacy Act (FERPA).

(3) Students may request a copy of their own disciplinary record at their own reasonable expense by making a written request to the chief student services officer.

(4) Personally identifiable student information is redacted to protect another student's privacy consistent with FERPA.

(5) Students may authorize release of their own disciplinary record to a third party in compliance with the FERPA by making a written request to the chief student services officer.

(6) Pursuant to FERPA, the college may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence or nonforcible sex offense as defined by FERPA including: Arson; assault offenses (aggravated assault, simple assault, intimidation, and stalking); burglary, criminal homicide (manslaughter by negligence, murder, and nonnegligent manslaughter); destruction/damage/vandalism of property; kidnapping/abduction; robbery; forcible sex offenses (rape, sodomy, assault with an object, fondling, indecent liberties, and child molestation); and nonforcible sex offenses (incest and statutory rape).

(7) The college may not communicate a student's disciplinary record to any person or agency outside the college without the prior written consent of the student, except as required or permitted by law. Exceptions include, but are not limited to:

(a) The student's parents or legal guardians may review these records if the student is a minor or a dependent for tax purposes as permitted by FERPA.

(b) To another educational institution, upon request, where the student seeks or intends to enroll.

(d) In response to a court order.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-112, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-115 Decisions and appeals.

Decisions made by a student conduct board, the student conduct officer, or chief student services officer shall remain in effect during the appeal processes provided in this chapter unless an order of stay is granted by the chief student services officer. Students must identify if they are seeking a stay of a decision by the student conduct board, the student conduct officer or chief student services officer in their appeal. Appeals will comply with this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-115, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-120 Jurisdiction of the standards of conduct for students.

The standards of conduct for students apply to conduct that occurs on college premises, at college-sponsored activities, and to off-campus conduct that adversely affects Spokane Colleges's educational environment and/or the pursuit of its objectives as set forth in its mission. Jurisdiction extends to locations in which students are engaged in official college activities including, but not limited to, athletic events, activities funded by associated students, training internships, cooperative and distance education, online education, study abroad programs, practicums, supervised work experiences, any other college-sanctioned social or club activities, and/or foreign or domestic travel associated with any of these events or activities. Students are responsible for their conduct from the time of application for admission through the actual receipt of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending. The college student conduct officer, or their designee, has sole discretion, on a case-by-case basis to determine whether the student conduct code will be applied to conduct by students or student groups that occurs off campus.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-120, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-06-026, § 132Q-10-120, filed 2/22/23, effective 3/25/23. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-120, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-125 Violation of law and standards of student conduct.

(1) College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the standards of conduct for students without regard to pending criminal litigation in court or criminal arrest and prosecution. Proceedings under these standards of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the chief student services officer. Determinations made or sanctions imposed under these standards of conduct are not subject to change because criminal charges were dismissed, reduced or resolved in favor of or against the criminal law defendant. Students in this circumstance who remain silent should recognize that they give up their opportunity to explain their side of the story and that a decision will be made based on the information presented.

(2) When a student is charged by federal, state or local authorities with a violation of law, the college does not request or agree to special consideration for that student because he or she is a student. If the alleged offense also is being processed under the standards of conduct for students, the college may advise off-campus authorities of the existence of the standards and of how such matters are typically handled within Spokane Colleges. The college cooperates with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators provided that the conditions do not conflict with college rules or sanctions. Members of Spokane Colleges, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-125, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-125, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-130 Responsibility for guests.

A student or student organization is responsible for the conduct of guests on or in college premises and at functions sponsored by the college or sponsored by a recognized student organization. Bringing any person including children to a teaching environment without the express approval of the faculty member or other authorized official is prohibited.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-130, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-135 Students studying abroad.

Students who participate in any college-sponsored or sanctioned international study program shall observe the following:

(1) The laws of the host country;

(2) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying;

(3) The policies, procedures, rules, and regulations of Spokane Colleges, its colleges and departments and any behavioral contracts between Spokane Colleges, SFCC, or SCC with a student;

(4) Any other agreements related to the student's study program in another country; and

(5) The Spokane Colleges standards of conduct for students.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-135, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-135, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-140 Group conduct.

Student organizations, including student clubs and athletics, are expected to comply with the standards of conduct for students and with Spokane Colleges policies and procedures when engaging in conduct that occurs on college premises and at college-sponsored activities. When a member or members of a student organization violates the standards of conduct for students or Spokane Colleges policies or procedures, including engaging in off-campus conduct that adversely affects Spokane Colleges's educational environment and/or the pursuit of its objectives as set forth in its mission, the student organization and/or individual members may be subject to appropriate sanctions.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-140, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-140, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-200 Misconduct—Violations of the standards of conduct for students.

(1) General misconduct – Any student or student organization alleged to have committed or to have attempted to commit misconduct specified in this chapter is subject to the disciplinary proceedings as described in WAC 132Q-10-310 and to the disciplinary sanctions in WAC 132Q-10-320 and 132Q-10-400, except sexually violent conduct as defined in WAC 132Q-10-105(18) and further detailed in WAC 132Q-10-244.

(2) Sexually violent conduct – Any student or student organization alleged to have committed or to have attempted to commit sexually violent conduct as defined in WAC 132Q-10-105(18) and further detailed in WAC 132Q-10-244 is subject to the disciplinary process provided in WAC 132Q-10-332 is subject to the disciplinary sanctions in WAC 132Q-10-320 and 132Q-10-400.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-200, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-210 Academic dishonesty and other ethical violations.

(1) Acts of academic dishonesty include the following:

(a) Cheating which includes:

(i) Use of unauthorized assistance in taking quizzes, tests, or examinations.

(ii) Acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff.

(iii) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes:

• Counterfeiting data, research results, information, or procedures with inadequate foundation in fact;

• Counterfeiting a record of internship or practicum experiences;

• Submitting a false excuse for absence or tardiness;

• Unauthorized multiple submission of the same work; sabotage of others' work.

(iv) Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

(v) Plagiarism which includes the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

(vi) Facilitation of dishonesty, including not challenging academic dishonesty.

(b) Knowingly furnishing false information to any college official, faculty member, or office including submission of fraudulent transcripts from other institutions.

(d) Tampering with an election conducted by or for Spokane Colleges college students.

(2) Other ethical violations include the following: The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-210, filed 3/5/25, effective 4/5/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 22-12-002, § 132Q-10-210, filed 5/19/22, effective 6/19/22. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-210, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-211 Competence to profit from curriculum offerings.

Students must demonstrate a competence to profit from the curriculum offerings of the college to retain the ability to attend college pursuant to RCW 28B.50.090.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-211, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-212 Disruption or obstruction.

Students have the right to freedom of speech, including the right to dissent or protest, but this expression may not interfere with the rights of other members of Spokane Colleges or disrupt college activities. Student behavior that creates a disruptive atmosphere not consistent with the purposes of the college including teaching, administration, research, disciplinary proceedings, other college activities, or any college authorized activities, whether conducted or sponsored by the college is prohibited pursuant to RCW 28B.50.090. Obstructing the free flow of pedestrian or vehicular traffic on college premises or at college-sponsored events is prohibited.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-212, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-212, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-214 Abuse of self.

Physical abuse, threats, intimidation and/or other conduct, which threatens or endangers the health or safety of one's self.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-214, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-215 Assault, intimidation, bullying, verbal threats.

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

(1) Assault involves one person causing or attempting to cause bodily harm to another person: With a firearm; with a deadly weapon; with a weapon or other instrument or thing likely to produce bodily harm; with force that is likely to produce bodily harm or death; through the administration, exposure or transmission of poison, a destructive or noxious substance, or the human immunodeficiency virus; by strangulation or suffocation. It also includes actions which are intended to prevent or resist the execution of any lawful process, apprehension or detention of a person by a security officer or law enforcement.

(2) Bullying and intimidation – Any intentional written, verbal, or physical act including, but not limited to, one shown to be motivated by the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical or sensory disability, or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment and:

(a) Physically harms a student or damages the student's property;

(b) Has the effect of substantially interfering with a student's education; or

Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the bullying or intimidation.

(3) Cyberbullying - Is bullying conducted using electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites.

(4) Verbal threats - Include threats against a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all circumstances. If the threats are because of a person's perception of a victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical or sensory disability, the fear must be fear that a reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory disability as the victim would have. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-215, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-216 Theft or damage to property.

Theft of, possession after it has been stolen, or misuse of, and/or actual or attempted damage to, real or personal property or money on or off campus of:

(1) The college or state;

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

(3) Any other person or organization.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-216, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-218 Hazing.

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

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

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

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

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

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

(b) Humiliation by the ritual act;

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

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

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

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

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

(6) Washington state law provides that:

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

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

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

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

(7) As described in WAC 132Q-10-140, a student organization and/or individual members may be subject to appropriate sanctions for student conduct violations.

(8) Additional disciplinary sanctions for hazing violations can be found in WAC 132Q-10-400.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 23-06-026, § 132Q-10-218, filed 2/22/23, effective 3/25/23. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-218, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-220 Failure to comply with college officials.

Failure to comply with directions of college officials acting in performance of their duties, including failure to identify oneself to these persons when requested to do so.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-220, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-221 Faculty member authority to respond to academic dishonesty and other ethical violations.

(1) A faculty member need not give credit for course work that is the product of cheating, plagiarism, or other dishonesty. For any act of dishonesty that occurs during an instructional course, the faculty member may impose reprimands, educational opportunities, and/or adjust the student's grade accordingly for the particular examination, paper, or other work product where that dishonesty occurred. Any such faculty response shall not limit or preclude disciplinary sanction(s) from the student conduct office for the same act of dishonesty.

(2) A student who has received a grade adjustment by the faculty member on the basis of academic dishonesty under this code may grieve that adjustment under the student complaint procedure; however, any sanction that is imposed by the student conduct officer or student conduct board or panel must be reviewed under the student disciplinary procedure. See WAC 132Q-10-335.

History

Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 22-12-002, § 132Q-10-221, filed 5/19/22, effective 6/19/22.

Wash. Admin. Code § 132Q-10-222 Unauthorized keys or unauthorized entry.

Unauthorized possession, duplication, or use of a key, keycard or other restricted means of access to any college premises, or unauthorized entry to or use of college premises.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-222, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-224 Violation of Spokane Colleges policy, procedure, rule, regulation, or behavioral contract.

Violation of policies, procedures, rules, or regulations of Spokane Colleges, its colleges and departments and/or violation of a behavioral contract entered into with Spokane Colleges, its colleges or departments.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-224, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-224, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-226 Violation of law.

Violation of any federal, state, or local law.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-226, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-228 Drugs, controlled substances, and marijuana.

(1) Legend drugs, narcotic drugs, controlled substances: Being observably under the influence of any legend drug, narcotic drug or controlled substance as defined in chapters 69.41 and 69.50 RCW, or otherwise using, possessing, delivering, manufacturing, or seeking any such drug or substance, except in accordance with a lawful prescription for that student by a licensed health care professional or as otherwise expressly permitted by federal, state, or local law, is prohibited. Use, possession and distribution of drug paraphernalia for the drugs and substances identified in this section is prohibited.

(2) Marijuana: While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities. Being observably under the influence of marijuana or the psychoactive compounds found in marijuana, or otherwise using, possessing, selling or delivering any product containing marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form, is prohibited.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-228, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-230 Alcohol.

Being under the influence of any alcoholic beverage or otherwise using, possessing, manufacturing, selling, distributing any alcoholic beverages, or public intoxication (except as expressly permitted by law and college rules) are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, sold, or distributed to any person under twenty-one years of age.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-230, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-231 Use of tobacco, electronic cigarettes and related products.

Use of tobacco, electronic cigarettes and related products are prohibited in all Spokane Colleges facilities and motor pool vehicles with no exception.

(1) Smoking and tobacco use are also prohibited:

(a) Within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking and tobacco use are prohibited; and

(b) Where designated on college premises.

(2) "Smoking" means:

(a) Inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, including cigarettes, cigars, bidi, clove cigarettes, pipe tobacco, and any other lit tobacco products; or

(b) Use of electronic nicotine delivery devices and related products including, but not limited to, electronic cigarettes, vapor cigarettes, hookahs, waterpipes or similar products.

(3) "Tobacco use" means the personal use of:

(a) Any tobacco product, which shall include smoking, as defined in subsection (2) of this section, as well as use of an electronic cigarette or any other device intended to simulate smoking;

(b) Smokeless tobacco, including snuff, chewing tobacco, smokeless pouches, or any other form of loose-leaf, smokeless tobacco.

(4) "Facilities" means a district owned or controlled property, building, or component of that property/building.

(5) "Motor pool vehicles" means vehicles assigned to specific college departments or programs; vehicles used for instructional purposes; vehicles dispatched to staff and students on a reserved, single-use basis; and vehicles assigned to specific faculty and staff.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-231, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-231, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-232 Firearms and dangerous weapons.

No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or any dangerous weapon on college premises. Paintball guns, air guns, and any other items that shoot projectiles are not permitted on college premises.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-232, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-234 Disorderly conduct.

Participation in any activity which unreasonably disrupts the operations of the college or infringes on the rights of another member of the college community, or leads or incites another person to engage in such an activity. This includes, but is not limited to, conduct that is disorderly, lewd, or indecent, disturbs the peace, or assists or encourages another person to disturb the peace.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-234, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-236 Unauthorized use of electronic or other devices.

Making an audio or video record of any person while on college premises without his/her prior knowledge or without his/her effective consent, when such a recording is likely to cause injury or distress. This includes surreptitiously taking pictures of another person in a gym, locker room, or restroom.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-236, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-238 Abuse or theft of Spokane Colleges information technology.

Theft or misuse of computer facilities, equipment and information technology resources including:

(1) Unauthorized entry into a file, message, or other item to use, read, or change the contents, or for any other purpose.

(2) Unauthorized duplication, transfer, or distribution of a file, message, or other item.

(3) Unauthorized use of another individual's identification and/or password.

(4) Unauthorized monitoring of another's email communications directly or through spyware.

(5) Sending false messages to third parties using another's email identity.

(6) Use of computing facilities and resources to interfere with the work of another student, faculty member, college official, or others outside of Spokane Colleges.

(7) Use of computing facilities and resources to send, display, or print an obscene, harassing, or threatening message, text or image.

(8) Use of computing facilities and resources to interfere with normal operation of the college computing system, including disrupting electronic communications with spam or by sending a computer virus.

(9) Use of computing facilities and resources in violation of copyright laws.

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

(11) Any violation of the Spokane Colleges acceptable use of information technology resources policy.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-238, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-238, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-240 Abuse of the student conduct system.

Abuse of the student conduct system, including:

(1) Failure to obey the notice from a student conduct officer, student conduct board, student conduct administrative panel or college official to appear for a meeting or hearing as part of the student conduct system.

(2) Falsification, distortion, or misrepresentation of information before a chief student services officer, student conduct officer, student conduct board, student conduct administrative panel or college official during an interview, meeting or hearing.

(3) Disruption or interference with the orderly conduct of a proceeding before a chief student services officer, student conduct officer, student conduct board, or student conduct administrative panel proceeding.

(4) Filing a fraudulent complaint or initiating a student conduct proceeding in bad faith.

(5) Attempting to discourage or interfere with an individual's proper participation in, or use of, the student conduct system.

(6) Attempting to destroy or alter potential evidence.

(7) Attempting to intimidate or improperly influence or pressure a witness or a potential witness.

(8) Attempting to influence the impartiality of any hearing officer, including the chief student services officer, the student conduct officer, any member of a student conduct board, any member of a student conduct administrative panel, any appeals board member, and/or any faculty or staff prior to or during the course of the student conduct board proceeding.

(9) Harassment (verbal or physical) or intimidation of any hearing officer, including the chief student services officer, the student conduct officer, any member of a student conduct board, any member of a student conduct administrative panel, any appeals board member, and/or any faculty member or staff prior to, during, or after a student conduct code proceeding.

(10) Failure to comply with the sanction(s) imposed under the standards of conduct for students.

(11) Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-240, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-242 Discrimination.

Discrimination on the basis of race, creed, color, religion, national or ethnic origin, age, sex, marital status, pregnancy, parental status or families with children, status as a mother breastfeeding her child, AIDS/HIV or hepatitis C, honorably discharged veteran status, sexual orientation, gender identity or expression, disability, use of guide dog or service animal by a person with a disability, genetic information, or other legally protected classifications is prohibited in conformity with federal and state laws. Discrimination includes physical, verbal, written conduct (including conduct via social and electronic media), or other conduct that is sufficiently severe, persistent or pervasive, and objectively offensive as to substantially interfere with a reasonable person's ability to study, participate in or benefit from Spokane Colleges's educational programs, educational opportunities, and/or employment benefits and opportunities such that the person or group is effectively denied equal access/opportunities based on protected status.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-242, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-242, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-243 Sexual harassment.

Sexual harassment is conduct which includes, but is not limited to, engaging in unwelcome gender-based conduct. It may be between members of the opposite sex or between members of the same sex and does not necessarily have to be of a sexual nature if it is based on gender. Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media, and electronic communications. It includes sexual advances, requests for sexual favors, or other conduct of a sexual nature where:

(1) Submission to such conduct is made, either expressly or implicitly a term or condition of an individual's education or employment; or

(2) Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting any individual; or

(3) Such conduct is sufficiently severe, persistent or pervasive, and objectively offensive as to substantially interfere with, disrupt, limit, undermine or deprive a person the ability to participate in or to receive the benefits, services or opportunities of Spokane College's educational programs and activities and/or employment benefits and opportunities.

In determining whether sexual harassment exists, it is immaterial whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-243, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-243, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-244 Sexually violent conduct.

Sexually violent conduct includes the following: Domestic violence, dating violence, stalking, nonconsensual sexual intercourse, and nonconsensual sexual contact. This conduct also includes, but is not limited to, indecent liberties, sexual exploitation, indecent exposure, sexual exhibitionism, sex-based cyberharassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or exceeding the boundaries of consent including allowing others to view consensual sex, the nonconsensual posting or recording of sexual activity, domestic violence, dating violence, and stalking.

(1) Domestic violence: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent body harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking of one family or household member by another family or household member. Pursuant to chapter 10.99 RCW, it also includes, but is not limited to, the following crimes when committed by one family or household member against another: Assault; drive-by shooting; reckless endangerment; coercion; burglary; criminal trespass, malicious mischief; kidnapping; unlawful imprisonment; and violation of a restraining order, no-contact order or protection order.

(2) Dating violence (aka relationship violence) is a type of domestic violence, except the acts are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

(3) Stalking is intentional and repeated harassment or repeated following of another person, which places that person in reasonable fear that the stalker intends to injure the person, another person, or the property of the person or another person, and the stalker either intends to frighten, intimidate, or harass the person, or knows or reasonably should know that the person is frightened, intimidated or harassed, even if the stalker lacks such an intent.

(4) Cyberstalking is when a person, with the intent to harass, intimidate, torment or embarrass any other person makes an electronic communication including, but not limited to, electronic mail, internet-based communications (social media sites and electronic bill boards), pager service, or instant messaging using (a) any lewd, lascivious, indecent, or obscene words, images or language, or suggesting the commission of any lewd or lascivious act; (b) anonymously or repeatedly whether or not conversation occurs; or (c) threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

(5) Nonconsensual sexual intercourse means any penetration; of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex without consent and/or by force.

(6) Nonconsensual sexual contact means any intentional touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party, however slight, without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any bodily contact in a sexual manner.

(7) Indecent liberties means knowingly causing sexual contact with a person by forcible compulsion or when the person is incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness. Sexual contact is defined as any nonconsensual touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party.

(8) Consent means the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. Any individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated, has engaged in nonconsensual conduct. Consent cannot be given by an individual who is: (a) Asleep or mentally or physically incapacitated, either through the effect of drugs, alcohol, or for any other reason; or (b) under the lawful age to provide legal consent; or (c) has an intellectual or other disability which prevents him or her from having the capacity to consent; or (d) under duress, threat, coercion or force. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual conduct.

(9) Voyeurism is arousing or gratifying sexual desire by viewing, photographing, or filming another person without that person's knowledge and consent and/or while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy. It also includes the distribution of a recording of sexual activity.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-244, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-246 Harassment.

Conduct by any means that is unwelcome, sufficiently severe, pervasive or persistent, and objectively offensive as to substantially interfere, undermine or deprive a reasonable person the ability to work, study, or participate in the activities of the college. Harassing conduct may include physical conduct, verbal, nonverbal, written, social media, and electronic communications.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-246, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-250 Reckless endangerment.

Engaging in conduct that creates an unreasonable risk of harm to another person or property including operation of any motor vehicle on college property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person or property.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-250, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-252 Trespassing.

Any person who has been given written notice, served by a college official, excluding him or her from college property is not licensed, invited, or otherwise privileged to enter or remain on college property, unless given explicit written permission by a college official.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-252, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-254 Violation of a disciplinary sanction.

Violation of any term or condition of any disciplinary sanction constitutes a new violation and may subject the student to additional sanctions.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-254, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-255 Aiding others.

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

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-255, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-305 Process to file complaints.

(1) General complaints - Individuals may file with the student conduct officer a written complaint, a student conduct incident report (SCIR), against a student or student organization for alleged violation(s) of the standards of conduct for students specified in WAC 132Q-10-130 through 132Q-10-240, 132Q-10-246 and 132Q-10-250 through 132Q-10-255. Complaints are to be submitted as soon as possible after the event takes place, preferably within thirty calendar days after the event. A copy of an SCIR can be obtained from the office of student conduct, the office of the Title IX coordinator, or the office of campus safety, on both the SCC and SFCC campuses. The SCIR is also available online at http://www.ccs.spokane.edu/Forms/SCC-Forms/Student-Svcs/ccs-5761.aspx. SCIRs must be submitted to:

Student Conduct Officer SCC

Spokane Community College

1810 N. Greene St., MS 2061

Room 125

Bldg. 6, Lair Student Center

Phone: 509-533-8657

Student Conduct Officer SFCC

Spokane Falls Community College

3410 W. Whistalks Way, MS 3010

Room 244

Bldg. 30, Falls Gateway Building

Phone: 509-533-3682

Title IX Coordinator SCC

Spokane Community College

1810 N. Greene St., MS 2150

Room R228

Main Building, Building 1

Fax: 509-533-7132

Phone: 509-533-7015

Title IX Coordinator SFCC

Spokane Falls Community College

3410 W. Whistalks Way, MS 3010

Administration Offices Room 225

Falls Gateway Building, Building 30

Fax: 509-533-3225

Phone: 509-533-3514

Office of Campus Safety SCC

1810 N. Greene St., MS 2159

Room 118

Max Snyder, Building 50

Phone: 509-533-8624

Office of Campus Safety SFCC

3410 W. Whistalks Way, MS 3174

Room 145

Human Services Building, Building 16

Phone: 509-533-3555

(2) Sexually violent conduct, discrimination, and sexual harassment complaints. Individuals may file complaints of sexually violent conduct as defined in WAC 132Q-10-105(18) and further detailed in WAC 132Q-10-244; complaints of discrimination as set forth in WAC 132Q-10-242; and sexual harassment as set forth in WAC 132Q-10-243 to the Title IX coordinator at the appropriate address listed below. Complaints are to be submitted as soon as possible after the event takes place, preferably within thirty calendar days after the event. Complaints may be submitted by using a Student Conduct Incident Report (SCIR) form. If the complaint is against the Title IX coordinator, the complainant should report the matter to the Spokane Community College president's office or Spokane Falls Community College president's office for referral to an alternate designee. A copy of the SCIR can be obtained from the office of student conduct, the office of the Title IX coordinator, or the office of campus safety, on both the SCC and SFCC campuses. A copy of the SCIR form is also available online at http://www.ccs.spokane.edu/Forms/SCC-Forms/Student-Svcs/ccs-5761.aspx.

Student Conduct Officer SCC

Spokane Community College

1810 N. Greene St., MS 2061

Room 125

Bldg. 6, Lair Student Center

Phone: 509-533-8657

Student Conduct Officer SFCC

Spokane Falls Community College

3410 W. Whistalks Way, MS 3010

Room 244

Bldg. 30, Falls Gateway Building

Phone: 509-533-3682

Title IX Coordinator SCC

Spokane Community College

1810 N. Greene St., MS 2150

Room R228

Main Building, Building 1

Fax: 509-533-7132

Phone: 509-533-7015

Title IX Coordinator SFCC

Spokane Falls Community College

3410 W. Whistalks Way, MS 3010

Administration Offices Room 225

Falls Gateway Building, Building 30

Fax: 509-533-3225

Phone: 509-533-3514

Office of Campus Safety SCC

1810 N. Greene St., MS 2159

Room 118

Max Snyder, Building 50

Phone: 509-533-8624

Office of Campus Safety SFCC

3410 W. Whistalks Way, MS 3174

Room 145

Human Services Building, Building 16

Phone: 509-533-3555

President

Spokane Community College

1810 N. Greene St., MS 2150

Spokane, WA 99217-5399

Fax: 509-533-7321

President

Spokane Falls Community College

3410 W. Whistalks Way, MS 3010

Spokane, WA 99224-5288

Fax: 509-533-3225

History

Statutory Authority: RCW 34.05.353. WSR 21-12-050, § 132Q-10-305, filed 5/26/21, effective 6/26/21. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-305, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-306 Initial review of complaints.

(1) General conduct complaints. The student conduct officer or his/her designee will conduct an initial assessment of a complaint to determine whether it alleges conduct that may be prohibited by the standards of conduct for students. If the initial assessment indicates that the matter involves sexual misconduct, the student conduct officer will forward the complaint to a chief student services officer/Title IX coordinator for review or if the student conduct officer believes he/she has a conflict of interest or is the subject of the complaint, the student conduct officer will forward the complaint to the chief student services officer who will conduct the initial assessment or designate another person to serve as the student conduct officer relative to that complaint. The student conduct officer reviews general conduct complaints and determines whether the complaint, if as alleged were true would constitute a violation of any of the standards of conduct for students. If the student conduct officer determines the alleged conduct would constitute a violation, it is deemed to have merit warranting further review. If the complaint does not have merit the student conduct officer will dismiss the complaint. If the complaint is deemed to have merit, the student conduct officer then would conduct a further assessment pursuant to WAC 132Q-10-320 to determine if an interim suspension is warranted.

(2) Sexually violent conduct, discrimination and sexual harassment complaints. The chief student services officer/Title IX coordinator will conduct an initial assessment of the complaint to determine whether it alleges conduct that may be prohibited in WAC 132Q-10-242 through 132Q-10-244 of the standards of conduct for students, Spokane Colleges policies, and/or Spokane Colleges procedures. If the chief student services officer/Title IX coordinator has a conflict of interest or is the subject of the complaint, the college president, shall upon request and when feasible designate another person to serve as the chief student services officer/Title IX coordinator relative to that complaint. If the alleged conduct would constitute a violation, it is deemed to have merit warranting further review. If the complaint does not have merit the chief student services officer/Title IX coordinator will dismiss the complaint. If the complaint is deemed to have merit, the chief student services officer/Title IX coordinator will conduct a further assessment pursuant to WAC 132Q-10-320 to determine if an interim suspension or other interim measures are warranted. Interim measures may include, but are not limited to, notice to complainant of his or her options to avoid contact with the accused student, to receive options for and available assistance in changing academic and extracurricular activities, and/or modification of complainant's transportation, working, and dining situation, as appropriate.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-306, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-306, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-310 Disposition of misconduct complaints by the student conduct officer.

If a student conduct officer determines a complaint of general misconduct may have merit, the student conduct officer will schedule an initial meeting with the student to discuss the content of the complaint, the range of potential sanctions, and the applicable Spokane Colleges code of conduct hearing procedures.

(1) If the student fails to appear for the meeting and the range of sanctions for the alleged general misconduct do not include a suspension in excess of 10 instructional days or a dismissal, the matter will be heard as a brief adjudicative proceeding and the student conduct officer may:

(a) Retain the matter for a brief adjudicative proceeding, determination of findings, conclusions, and sanctions; or

(b) Send the matter to the student conduct board for a brief adjudicative proceeding in accordance with the provisions of this code, the Administrative Procedure Act (chapter 34.05 RCW), and the model rules of procedure (chapter 10-08 WAC) including a determination of findings, conclusions, and sanctions.

(2) If an agreed upon resolution cannot be reached or if the student fails to appear for the meeting and the range of sanctions for the alleged general misconduct include a suspension in excess of 10 instructional days or a dismissal, the student conduct officer will send the matter to the student conduct administrative panel for a full adjudicative proceeding in accordance with the provisions of this code, the Administrative Procedure Act (chapter 34.05 RCW), and the model rules of procedure (chapter 10-08 WAC) including a hearing, determination of findings, conclusions, and sanctions. To the extent there is a conflict between the standards of conduct for students and the model rules, this standards of conduct for students code shall prevail.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-310, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-310, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-310, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-315 Notice to the accused student of complaint.

(1) All general misconduct and sexual misconduct complaints deemed by the chief student service officer/Title IX coordinator or student conduct officer to have merit are presented by the student conduct officer to the accused student in written form, in person, by regular mail or electronic mail. Notice by mail is sent to the student's last known local address. If the student no longer is enrolled at the time notice is sent, the notice is sent to the student's permanent address. The student is responsible for providing and keeping the college updated of his/her current email and mailing addresses.

(2) The written notice shall include:

(a) The official name and reference number of the proceeding and notice that the hearing is to be held pursuant to these standards of conduct for students under the jurisdiction provided by WAC 132Q-10-120.

(b) The factual details of the complaint, the policy, procedure, rule or standard of conduct allegedly violated.

(d) The range of possible sanctions for the alleged act.

(e) The date, time, and place of the proceeding. A time for the disciplinary proceeding is set seven to fourteen calendar days after the student has been notified unless waived by all parties. If the chair of the student conduct board, the chair of the student administrative panel or the accused student wish to alter the notice requirements, he/she must submit a written request to the student conduct officer. Time limits for notice may be shortened by the student conduct officer if the parties to the proceeding agree and also may be continued to a later time for good cause.

(f) Notification as to whether the student conduct officer, the student conduct board or the student administrative panel was assigned the case and the names, mailing address, and phone number of the designated presiding officer(s).

(g) Notification as to the mailing address and phone number of the office intended to represent the college in the proceeding.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-315, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-315, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-318 Student conduct officer disciplinary proceedings.

Brief adjudicative disciplinary proceedings with the student conduct officer are conducted as follows:

(1) Meetings will not be conducted in public.

(2) Admission of any other person to the hearing is at the discretion of the student conduct officer.

(3) Respondents have the right to be assisted by an advisor they choose, at their own expense. The respondents are responsible for presenting their own information. Advisors are not permitted to address the student conduct officer or participate directly in the meeting. An advisor may communicate only with the person they are advising. The student conduct officer may call recesses to facilitate this communication. A respondent should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing. Delays are not normally allowed due to the scheduling conflicts of an advisor.

(4) The respondent may provide sworn written statements from witnesses and other documents or information that he/she believes is relevant to the case. Forms for the written statements are available from the student conduct officer or online.

(5) The student conduct officer determines which records, exhibits and written statements may be accepted as information for consideration.

(6) There is a single verbatim record, such as a recording or transcript, of the information gathering portion of hearings. The record is the property of the college.

(7) If the student does not appear for the hearing after proper notice has been provided, the student conduct officer will consider the complaint, absent the student, and enter a decision regarding the complaint including appropriate disciplinary sanctions.

(8) The student conduct officer will notify the student in writing, in person, by mail or electronic mail of his or her decision. Notice of the decision is sent within ten calendar days from the hearing date. If the college is not in session, this period may be reasonably extended.

(9) The written notice of the decision will include the reasons for the decision, the sanctions, and information about the appeal process. The student conduct officer may notify the student prior to receipt of the formal written notice. The notice is sent to the student's last known mailing address or email address.

(10) The burden of proof that guides the student conduct officer's decision is a preponderance of evidence, which is whether it is more likely than not the accused student violated the standards of conduct for students. The student conduct officer includes in his/her written notice of the decision the findings and conclusions of all material issues of law, including which, if any, provision of the standards of conduct for students were violated. Findings based substantially on the credibility of evidence shall be so identified.

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

(a) Terminate the proceeding, exonerating the student;

(b) Dismiss the case after providing appropriate counseling and admonishment to the student. Such action is final and is not subject to review on appeal;

(d) Impose sanctions provided for in WAC 132Q-10-400 such as probation, loss of privileges, restitution or compensation, fines, college suspension of ten instructional days or less, and revocation of admission. Such actions are subject to review on appeal as provided in this chapter;

(e) Refer the matter directly to the student conduct board or the student conduct administrative panel for such action as the panel deems appropriate. Such referral shall be in writing, to the attention of the chair of the student conduct board or the chair of the student conduct administrative panel, with a copy served on the accused student.

(12) A referral to the student conduct board may be used in instances where the alleged misconduct is novel or controversial and the student conduct officer believes input from the larger campus community would be beneficial. A referral to the student administrative panel should be used in instances where new evidence comes forth suggesting that discipline of more than ten instructional days or dismissal/expulsion is appropriate or new evidence comes forth suggesting evidence of sexual misconduct. It may also be warranted when the immediate alleged misconduct, by itself, is not severe enough to warrant an expulsion or suspension in excess of ten instructional days, but may trigger a deferred suspension or expulsion that was imposed during an earlier disciplinary proceeding.

(13) The written decision is the college's initial order. Appeals are governed by WAC 132Q-10-335. A referral of a matter directly to the student conduct board or to the administrative panel does not constitute a written decision.

(14) If the respondent does not appeal the student conduct officer's decision within twenty calendar days from the date of the decision, it becomes the college's final order after twenty-one calendar days.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-318, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-318, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-320 Interim suspension and other restrictions.

(1) In certain circumstances, the chief student services officer/Title IX coordinator, or his/her designee may impose an interim suspension from college or other restrictions prior to the proceedings being conducted pursuant to WAC 132Q-10-310 or being conducted pursuant to WAC 132Q-10-502. Interim suspension or other restrictions may be imposed only if there is reasonable cause to believe that the accused student:

(a) Has violated a provision of the standards of conduct for students;

(b) In situations involving an immediate danger to the health, safety, or welfare of members of Spokane Colleges or the public at large;

(d) If the student poses an ongoing threat of disruption to, or interference with, the operations of the college.

(2) During the interim period, a student may be denied access to classes, activities and privileges, as the student conduct officer determines while an investigation and/or formal disciplinary procedures are pending.

(3) Notice.

(a) Any student who has been suspended on an interim basis based on general misconduct or sexual misconduct under these standards of conduct for students shall be served with written notice or oral notice of the interim suspension by the chief student services officer/Title IX coordinator, or his/her designee. If oral notice is given, a written notification shall be provided to the student within two business days of the oral notice in person, by regular mail or electronic mail. Written notice by mail is sent to the student's last known address. The student is responsible for providing the college the current address.

(b) The notice shall be entitled "Notice of Interim Suspension" and shall include the reasons for imposing the interim suspension, including reference to the provisions of the standards of conduct for students that have been allegedly violated, the date, time and location where student must appear for a hearing on the interim suspension; and the conditions, if any, under which the student may physically access the campus or communicate with members of the campus community.

(4) The student conduct officer shall conduct a hearing on the interim suspension as soon as practicable after imposition of the interim suspension. If the student 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 accused student shall be considered trespassing and subject to arrest for criminal trespass if the accused student enters the college campus other than to meet with the student conduct officer, or to attend a disciplinary hearing. The interim suspension shall not replace the regular discipline process, which shall proceed as quickly as feasible in light of the interim suspension. A full hearing before the student conduct officer, the student conduct board or the student conduct administrative panel may be convened in a timely manner which may negate the need for an interim suspension hearing.

(5) In the event the alleged misconduct which is the basis for interim suspension involves claims of sexually violent conduct, both the accused student and the complainant shall be notified of the interim suspension. Please refer to WAC 132Q-10-501 and 132Q-10-502 which outline additional and supplemental procedural requirements for sexually violent conduct allegations and matters. In no event shall mediation be used to resolve complaints involving allegation of sexual violence.

(6) The issue before the student conduct officer during the interim suspension hearing is whether there is probable cause to believe that interim suspension is necessary and/or whether other less severe interim restrictions are appropriate. For the purpose of this section, probable cause means sufficient facts to lead a reasonable person to believe that the elements necessary for imposing an interim suspension have been satisfied. The student shall be given an opportunity to explain why interim suspension is or is not necessary either through oral or written statement or a combination of oral and written statements.

(7) If the notice of interim suspension proceedings has been served upon the accused student in accordance with these rules and the student fails to appear at the designated hearing time, the student conduct officer may order that the interim suspension remain in place pending imposition of final disciplinary action.

(8) The student conduct officer shall issue a written order within two instructional days of the hearing, which shall include a brief statement of findings of fact and conclusions, the policy reasons justifying imposition of the interim suspension, and setting forth the student conduct officer's decision in the matter. If the interim suspension is upheld and/or other restrictions are imposed, the order shall inform the student of the duration of the interim suspension or the nature of the restrictions, conditions under which the interim suspension may be terminated or modified, and procedures by which the order may be appealed.

(9) To the extent permissible under law, the student conduct officer shall provide a copy of the order to all persons or offices that may be bound or protected by it including the complainant.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-320, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-320, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-320, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-325 Student conduct board proceedings.

In cases in which the student conduct officer determines to refer a matter directly to the student conduct board for a hearing, the following procedures apply:

(1) The student conduct officer shall serve all parties, and student conduct board members with written notice of the hearing seven to ten calendar days prior to the hearing date, time and location, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The student conduct officer may shorten this notice period if all parties agree, and also may continue the hearing to a later time for good cause.

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

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

(4) The student conduct officer may provide to the board members in advance of the hearing copies of: (a) The student conduct officer's notice of complaint and referral; and (b) any documents provided in response by the accused student. If doing so, however, the student conduct officer should remind the committee members that these documents are not evidence of any facts they may allege.

(5) 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, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

(6) Hearings are ordinarily 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.

(7) The complainant, the accused student, and their respective advisors may attend the portion of the hearing at which information is received, but may not attend the board's deliberations. Admission of any other person to the hearing is at the discretion of the student conduct board chair.

(8) In circumstances involving more than one accused student, the student conduct officer may permit joint or separate hearings.

(9) The accused student has the right to be assisted by an advisor they choose, at their own expense. The accused student is responsible for presenting his/her own information. Advisors are not permitted to address the board or participate directly in the hearing. An advisor may communicate only with the person they are advising. The board chair may call recesses to facilitate this communication. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing. Delays are not normally allowed due to the scheduling conflicts of an advisor.

(10) The accused student, the student conduct officer, and the board chair may arrange for witnesses to present pertinent information to the student conduct board. Witnesses may provide written statements in lieu of their attendance at the hearing. The accused student is responsible for informing his/her witnesses of the time and place of the hearing. Witnesses provide information to, and answer questions from, the student conduct board. To preserve the educational tone of the hearing and to avoid an adversarial environment, questions are directed to the chair, rather than to the witness directly. Questions concerning whether potential information may be received are resolved by the chair. The record will reflect the questions that were submitted and the rationale for disallowing any questions. All testimony and written statements shall be given under oath or affirmation.

(11) The board chair determines which records, exhibits and written statements may be accepted as information for consideration by the board, except as overridden by majority vote of the board.

(12) Formal rules of process, procedure and technical rules of evidence, such as are applied in criminal or civil court, are not used in board proceedings.

(13) Questions related to the order of the proceedings are determined by the board chair.

(14) If an accused student, with notice, does not appear before a student conduct board hearing, the information in support of the complaint is presented and considered in the absence of the accused student.

(15) The board chair shall cause the hearing to be recorded by a method that he/she selects in accordance with RCW 34.05.449. Board deliberations are not recorded. The record or transcript is the property of the college. That recording, transcript or a copy, shall be made available to the parties upon request. The board chair shall ensure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by the respondent. Other recording shall also be permitted in accordance with WAC 10-08-190.

(16) The board chair may accommodate concerns for the personal safety, well-being or fears of confrontation during the hearing by providing separate facilities, or by permitting participation by telephone, audio tape, written statement, or other means.

(17) The student conduct officer (unless represented by an assistant attorney general) shall present the case for disciplinary action. The facts justifying any such action must be established by a preponderance of the evidence.

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

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-325, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-325, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-330 Student conduct board decision and notification.

Procedures for student conduct board proceedings:

(1) At the conclusion of the hearings on conduct matters, including closing arguments and deliberations, the student conduct board determines by majority vote whether the accused student has violated the standards of conduct for students. If so, the board determines and imposes the appropriate sanctions from WAC 132Q-10-400.

(2) The burden of proof that guides the board's decision is the preponderance of evidence, whether it is more likely than not that the accused student violated the standards of conduct for students.

(3) The student conduct officer notifies the parties, in writing, in person, by mail or electronic mail of the board's decision. Written notice is sent within ten calendar days from the hearing date. If the college is not in session, this period may be reasonably extended. The student conduct board includes in the written notice of the decision the findings and conclusions on all material issues of law, including which, if any, provisions of the standards of conduct for students were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified, the disciplinary sanctions, and information about the appeal process. The board's initial order shall also include a determination on appropriate discipline, if any. The student conduct officer may notify the student prior to receipt of the formal written notice. The notice, if sent by mail, is sent to the student's last known address.

(4) The written decision is the college's initial order. Appeals are governed by WAC 132Q-10-335.

(5) If the student does not appeal the board's decision within twenty calendar days from the date of the decision, it becomes the college's final order after twenty-one calendar days.

(6) The committee chair shall promptly transmit a copy of the order and the record of the board's proceedings to the appeals board.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-330, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-330, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-332 Student conduct administrative panel proceedings.

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

(1) The student conduct officer shall serve all parties, and student conduct administrative panel members with written notice of the hearing not less than seven calendar days or more than ten calendar days prior to the hearing date, time and location, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The student conduct officer may shorten this notice period if all parties agree, and also may continue the hearing to a later time for good cause.

(2) The student conduct administrative panel 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.

(3) Upon written request filed at least five calendar days before the hearing by any party or at the direction of the committee chair, the parties shall exchange, no later than the third calendar 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.

(4) The student conduct officer may provide to the panel members in advance of the hearing copies of: (a) The student conduct officers' notice of complaint and referral; and (b) documents provided by the accused student in response to the complaint. If doing so, however, the chair should remind the panel members that these documents are not evidence of any facts they may allege.

(5) Communications between panel 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, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

(6) An accused student 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 both the panel chair with a copy to the student conduct officer. The panel may be advised by an assistant attorney general. If the respondent is represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.

(7) 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 panel chair shall determine any extent to which the hearing will be open. If any person disrupts the proceedings, the panel chair may exclude that person from the hearing room.

(8) In circumstances involving more than one accused student, the student conduct officer may permit joint or separate hearings.

(9) The president of the college or his/her designee, the chair of the student conduct administrative panel, the administrators assigned to the student conduct administrative panel, deans, and/or the student conduct officer have the authority to issue subpoenas.

(10) The accused student and the student conduct officer may arrange for witnesses to present pertinent information to the student conduct administrative panel. The accused student is responsible for informing his/her witnesses of the time and place of the hearing.

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

(12) All testimony and written statements shall be given under oath or affirmation.

(13) The panel chair determines which records, exhibits and written statements may be accepted as information for consideration by the panel consistent with RCW 34.05.452. Evidence, including hearsay evidence, is admissible if it is the kind of evidence on which reasonably prudent persons are accustomed to rely on in the conduct of their affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The panel chair may exclude evidence that is irrelevant, immaterial or unduly repetitious. The panel chair will ensure that the hearing record reflects the basis for exclusion of any evidence.

(14) The chair of the student conduct administrative panel shall decide all procedural questions and make rulings on the admissibility of evidence, motions, objections, and on challenges to the impartiality of board members, unless a hearing examiner is appointed as provided below. The Washington rules of evidence shall serve as guidelines for those rulings on the admissibility of evidence.

(15) Questions related to the order of the proceedings are also determined by the student conduct administrative panel chair.

(16) If an accused student, with notice, does not appear before a student conduct administrative panel hearing, the information in support of the complaint is presented and considered in the absence of the accused student.

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

(18) The panel chair shall cause the hearing to be recorded by a method that he/she selects in accordance with RCW 34.05.449. Panel deliberations are not recorded. The record or transcript is the property of the college. That recording, transcript or a copy, shall be made available to the parties upon request. The panel chair shall ensure maintenance of the record of the proceeding that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by the respondent. Other recording shall also be permitted in accordance with WAC 10-08-190.

(19) The student conduct officer (unless represented by an assistant attorney general) shall present the case for disciplinary action. The facts justifying any such action must be established by a preponderance of the evidence.

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

(21) Conduct matters that involve allegations of sexually violent conduct as defined in WAC 132Q-10-105(18) and further detailed in WAC 132Q-10-244 shall also utilize the supplemental hearing procedures of WAC 132Q-10-501 through 132Q-10-503. The terms of the supplemental procedures will prevail in the event of any discrepancy between this provision and the provisions of the supplemental procedures.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-332, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-332, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-333 Student conduct administrative panel decision and notification.

(1) At the conclusion of the hearings on conduct matters, including closing arguments, and deliberations, the student conduct administrative panel determines by majority vote whether the accused student has violated the standards of conduct for students. If so, the board determines and imposes the appropriate sanctions from WAC 132Q-10-400.

(2) The burden of proof that guides the panel's decision is the preponderance of evidence, whether it is more likely than not that the accused student violated the standards of conduct for students.

(3) The student conduct officer notifies the parties, and advisors who have appeared, in writing, in person, by mail or electronic mail of the panel's decision. Written notice is sent within ten calendar days from the hearing date. If the college is not in session, this period may be reasonably extended. The board includes in the written notice of the decision the findings and conclusions on all material issues of law, including which, if any, provision of the student conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified, the disciplinary sanctions, and information about the appeal process. The board's initial order shall also include a determination on appropriate discipline, if any. The student conduct officer may notify the student prior to receipt of the formal written notice. The notice, if sent by mail, is sent to the student's last known address.

(4) The written decision is the college's initial order. Appeals are governed by WAC 132Q-10-335.

(5) If the student does not appeal the board's decision within twenty calendar days from the date of the decision, it becomes the college's final order after twenty-one calendar days.

(6) The committee chair shall promptly transmit a copy of the order and the record of the panel's proceedings to the appeals board.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-333, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-335 Appeals of misconduct—Review of decision.

(1) An initial decision reached by the student conduct board, the student conduct officer, or the student conduct administrative panel may be appealed by the accused student to the appeals board. The written appeal shall be filed with the chief student services officer within twenty calendar days of the date of the decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the initial decision of student conduct officer, the student conduct board, or the student conduct administrative panel shall be deemed final. The student's written appeal must include a brief statement explaining why he/she is seeking review. The statement should identify whether any of the specific findings of fact and/or conclusions of law in the initial order are wrong and must contain argument regarding why the appeal should be granted.

(2) The parties to an appeal shall be the respondent and either the student conduct officer, the student conduct board, or the student conduct administrative panel.

(3) An accused student, who timely appeals a disciplinary action, has a right to a prompt, fair, and impartial hearing as provided in these procedures.

(4) Appeals of disciplinary matters involving allegations of sexually violent conduct as defined in WAC 132Q-10-105(18) and further detailed in WAC 132Q-10-244 shall also include the supplemental appeal procedures set forth in WAC 132Q-10-501 through 132Q-10-503.

(5) Appeals are reviewed by the appeals board. Except as required to explain the basis of new information, an appeal is limited to a review of the student's written appeal which includes his/her written argument, a verbatim record of the hearing record with the student conduct officer, the student conduct board, or the student conduct administrative panel and supporting documents for one or more of the following purposes:

(a) Determine whether the initial disciplinary hearing was conducted fairly in light of the charges, and whether information was presented in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice is evident.

(b) Determine whether the decision is supported by the evidence.

(c) Determine whether the sanctions imposed are appropriate for the violation which the student was found to have committed.

(d) Consider new information, sufficient to alter a decision, or other relevant facts not disclosed in the original hearing, because such information and/or facts were not known to the student appealing at the time of hearing with the student conduct officer, the student conduct board, or the student conduct administrative panel.

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

(7) The appeal board shall review the record and make one of the following determinations:

(a) Affirm the decision and uphold sanctions; or

(b) Reverse the decision and dismiss; or

(d) Remand for a full hearing before the student conduct administrative panel.

(8) The student is notified of the appeal board's decision within twenty calendar days from the date of the appeal letter. If the college is not in session, this period may be reasonably extended. The appeal board's decision, unless it is a decision to remand for a full hearing before the student conduct administrative panel, is the college's final order.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-335, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-400 Disciplinary sanctions.

(1) The following sanctions may be imposed by the chief student services officer, student conduct officer, the student conduct board, the student conduct administrative panel, or the appeals board on a student found to have violated the standards of conduct for students.

(a) Warning. An oral statement to a student that there is a violation and that continued violation may be cause for further discipline. Warnings are not subject to appeal.

(b) Reprimand. A notice in writing to the student that the student has violated one or more provisions of the standards of conduct for students, a disciplinary record has been created, and that continuation of the same or similar behavior may result in more severe disciplinary action.

(c) Probation. Formal action placing specific conditions and restrictions upon the student's continued attendance 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. A student who is on disciplinary probation may be deemed "not in good standing" with the college. If so, the student shall be subject to the following restrictions:

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

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

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

(e) Restitution or compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

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

(g) Fines may be imposed by the college.

(h) College suspension for a period not to exceed 10 instructional days. Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. There will be no refund of tuition or fees for the quarter in which the action is taken.

(i) Revocation of admission or degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of standards of conduct for students in obtaining the degree, or for other serious violations committed by a student prior to graduation.

(j) Withholding degree. The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this chapter, including the completion of all sanctions imposed.

(k) No trespass order. A student may be restricted from college property based on his/her misconduct.

(l) Assessment. The student may be required to have an assessment, such as alcohol/drug or anger management, by a certified professional, and complete the recommended treatment.

(m) Loss of recognition. A student organization's recognition may be withheld permanently or for a specific period of time. Loss of recognition is defined as withholding college services or administrative approval from a student organization. Services and approval to be withdrawn include intramural sports, information technology services, college facility use and rental, and involvement in organizational activities.

(n) Hold on transcript or registration. This is a temporary measure restricting release of a student's transcript or access to registration. Upon satisfactory completion of the conditions of the sanction, the hold is released.

(o) No contact order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.

(2) The following additional sanctions may be issued by the chief student services officer, student conduct officer, the student conduct administrative panel, or the appeals board on a student found to have violated the standards of conduct for students:

(a) College suspension for a period that exceeds 10 academic days. Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. There will be no refund of tuition or fees for the quarter in which the action is taken.

(b) College expulsion. Permanent separation of the student from the college. The revocation of all rights and privileges of membership in the college community and exclusion from the campus, Spokane Colleges owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which action is taken.

(3) A sanction may be made effective for the entire district or the student's college. If only to the student's college, the chief student services officer at the other colleges may enforce the disciplinary action at their respective college.

(4) More than one of the sanctions listed in subsection (1) of this section may be imposed for any single violation.

(5) Other than college expulsion or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's academic record, but are part of the student's disciplinary record.

(6) If a student's behavior is found to have been motivated by another's race, creed, color, religion, national or ethnic origin, age, sex, gender identity or expression, or disability, use of a guide dog or service animal by a person with a disability, veteran's status, or genetic information, such finding is considered an aggravating factor in determining a sanction for such conduct.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-10-400, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-400, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-500 Classroom misconduct and authority to suspend for up to three days.

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

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

(3) Faculty members or college administrators have the right to suspend any student from any single class or program, up to three instructional days, if the student's misconduct creates disruption to the point that it is difficult or impossible to maintain the decorum of the class, program or the learning and teaching environment. The faculty member or college administrator shall report this suspension to the student conduct officer who may set conditions for the student upon return to the class or program.

(4) The student may appeal the classroom suspension to the chief student services officer who may authorize an earlier return by the student only after consultation with the faculty member or appropriate administrator. The chief student services officer's decision is final.

History

Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-500, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-501 Additional procedural requirements for sexually violent conduct matters.

In the event the alleged misconduct involves claims of sexually violent conduct, additional procedures are required by federal law. Both the accused student and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the interim suspension process and disciplinary proceeding process and to appeal the chief student services officer's or student conduct administrative panel's disciplinary order.

Application of the supplemental procedures for allegations of sexually violent conduct is limited to student conduct code proceedings involving allegations of sexually violent conduct. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132Q-10-305 through 132Q-10-318 and 132Q-10-325 through 132Q-10-500. In the event of conflict between the supplemental sexually violent conduct procedures, interim suspension and other restrictions procedures and the student disciplinary procedures, the sexually violent conduct procedures shall prevail.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-501, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-501, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-502 Supplemental procedures for allegations of sexually violent conduct.

(1) Reports of alleged sexually violent conduct by a student submitted pursuant to WAC 132Q-10-305(2) shall be referred to the Title IX coordinator for an initial assessment. If an investigation is deemed warranted it shall be completed in a timely manner as defined by administrative procedure 3.30.01.

(a) If after a review, the Title IX coordinator determines that the facts as alleged would not constitute a violation of Title IX, the Title IX coordinator may close the file.

(b) If after an initial review, the Title IX coordinator determines that the facts as alleged may constitute a violation of Title IX, the coordinator or his or her designee will order an investigation.

(c) If after an initial review, the Title IX coordinator determines that the facts as alleged would not constitute a violation of Title IX, but may constitute a violation of other provisions of the standards of conduct for students, the coordinator may refer the matter to the student conduct officer to review and process.

(d) If the Title IX coordinator determines an investigation is not warranted on a sexually violent conduct report, the student conduct officer will make reasonable efforts to meet with the complainant and accused student individually to discuss the outcome.

(e) If an investigation is conducted based on a sexually violent conduct report, the Title IX coordinator will make a reasonable effort to meet with the complainant and accused student separately to discuss the results of the investigation and possible protective restrictions or conditions that may be imposed on the accused student. Please refer to WAC 132Q-10-503 for the appeal rights of both parties.

(2) Respondents may have interim restrictions placed on them as outlined in WAC 132Q-10-320.

(3) If the Title IX coordinator or his/her designee determines that the investigative report contains facts that demonstrate a violation of the standards of conduct for students, but not a violation of the sexually violent conduct provisions, then he/she will refer the matter to the appropriate student conduct officer for disciplinary proceedings under these regulations.

(4) Informal dispute resolution shall not be used to resolve sexual misconduct complaints.

(5) 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 its legal duty to investigate and process sexual harassment and sexual violence complaints.

(6) The complainant and respondent have the same rights regarding advisors and witnesses as set forth in WAC 132Q-10-332. The complainant and respondent 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 copy the chief student services officer. The chief student services officer will provide a copy of the notice of hearing to the complainant.

(7) The complainant may arrange for witnesses to present pertinent information to the student conduct administrative panel. The complainant is responsible for informing his/her witnesses of the time and place of the hearing.

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

(9) During the proceedings, complainant and accused student shall not directly question or cross examine one another. All questions shall be directed to the chair, who will act as an intermediary and pose questions on the parties' behalf. The student conduct administrative panel chair may overrule certain questions on the basis that they are irrelevant, immaterial or unduly repetitious; seek information that is protected on constitutional or statutory grounds or seek information that is subject to evidentiary privilege as recognized in the courts of this state. The record will reflect the questions that were submitted and the rationale for disallowing any questions.

(10) Hearings involving sexual misconduct allegations shall be closed to the public, unless accused student and complainant both waive this requirement in writing and request that the hearing be open to the public. Complainant, accused student and their respective attorney representatives may attend portions of the hearing where argument, testimony and/or evidence are presented to the student conduct administrative panel.

(11) The chair of the student conduct administrative panel will coordinate with the chief student services officer/Title IX coordinator or his/her designee to serve complainant a written notice indicating that the complaint has been resolved on the same date that the discipline order is served upon the accused student. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any restrictions and/or conditions imposed upon the accused student for the complainant's protection, including suspension or dismissal of the accused student. The notice shall also provide directions on how the complainant can appeal the decision.

(12) The complainant has the right to appeal an order of the student conduct administrative panel consistent with WAC 132Q-10-335. In the event of an appeal by the accused student or complainant, the chief student services officer shall provide a copy of the appeal to the nonappealing party. The complainant and accused student have the right to be assisted by an advisor of their choosing during the appeal process at their own expense.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-502, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-502, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-503 Supplemental appeal rights for alleged sexually violent conduct.

(1) The following actions by the chief student services officer/Title IX coordinator and the student conduct administrative panel may be appealed by the complainant:

(a) The dismissal of a sexually violent misconduct complaint; or

(b) The disciplinary sanction(s) and conditions imposed against an accused student for a sexually violent misconduct violation.

(2) Appeals:

(a) A discipline order which includes findings of sexually violent misconduct may be appealed by filing a written notice of appeal with the chief student services officer within twenty calendar days of receiving notice of the discipline order. The notice of appeal must include a written statement setting forth the grounds of appeal and why the appeal should be granted.

(b) The dismissal of a sexually violent misconduct complaint by the Title IX coordinator may be appealed by filing a notice of appeal with the college president within twenty calendar days of receiving notice of the complaint dismissal. The notice of appeal must include a brief written statement explaining why the complainant or respondent is seeking review of the dismissal and why the appeal should be granted.

(3) Notice of appeal:

(a) If an order imposing discipline for a sexual misconduct violation is appealed, the college shall notify the nonappealing complainant/respondent of the appeal. The nonappealing complainant/respondent will be provided the option to be named as a party to the appeal.

(b) If the dismissal of a sexually violent misconduct complaint by the Title IX coordinator is appealed, the college shall notify the nonappealing complainant/respondent of the appeal. The nonappealing complainant/respondent will be provided the option to be named as a party to the appeal.

(4) A complainant/respondent who chooses to appeal a discipline order or who chooses to appear as a party to the appeal of a discipline order or the dismissal of a complaint shall be afforded the same procedural rights as are afforded to the other party.

(5) Review of appeals:

(a) Appeals of orders imposing discipline for a sexual misconduct violation shall be reviewed by the appeals board consistent with WAC 132Q-10-335 (5) through (6).

(b) Appeals of dismissal of complaints of sexual misconduct violation shall be reviewed by a college president. If the college president's decision is to affirm the dismissal of the original complaint that serves as the college's final order regarding the original complaint dismissal. If the college president determines that the dismissal should be reversed, the matter shall be investigated pursuant to WAC 132Q-10-502. If the matter involves sexually violent misconduct, it will be investigated pursuant to WAC 132Q-10-502 and processed consistent with this chapter applicable to sexually violent misconduct. If the matter involves misconduct that does not include sexually violent misconduct, it will be processed consistent with the provisions of this chapter applicable to general misconduct.

(6) The chief student services officer/Title IX coordinator will serve complainant a written notice indicating that the appeal has been resolved on the same date that the final order is served upon the accused student. This notice shall inform the complainant whether the sexual misconduct allegation was found to have merit and describe any sanctions and/or conditions imposed upon the accused student for the complainant's protection, including suspension or dismissal of the accused student.

History

Statutory Authority: RCW 25B.50.140. WSR 17-11-076, § 132Q-10-503, filed 5/18/17, effective 6/18/17. Statutory Authority: RCW 28B.50.140. WSR 15-15-161, § 132Q-10-503, filed 7/21/15, effective 8/21/15.

Wash. Admin. Code § 132Q-10-600 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with Spokane Colleges standard disciplinary procedures, WAC 132Q-10-101 through 132Q-10-503, these supplemental procedures shall take precedence. Spokane Colleges may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct administrative panel and panel chair.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-600, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-600, filed 12/19/24, effective 1/19/25
WSR 22-12-002, § 132Q-10-600, filed 5/19/22, effective 6/19/22
WSR 21-10-010, § 132Q-10-600, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-601 Prohibited conduct under Title IX.

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-601, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-601, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-601, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-602 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the Spokane Colleges from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the Spokane Colleges student conduct code, WAC 132Q-10-101 through 132Q-10-503.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-602, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-602, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-602, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-603 Initiation of discipline.

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

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-603, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-603, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-603, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-604 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct administrative panel will send a hearing notice to all parties, in compliance with WAC 132Q-10-315. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-604, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-604, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-604, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-606 Evidence.

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

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

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-606, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-606, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-606, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-607 Initial order.

In addition to complying with WAC 132Q-10-333, the student conduct administrative panel will be responsible for conferring and drafting an initial order that:

(1) Identifies the allegations of sexual harassment;

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

(3) Makes findings of fact supporting the determination;

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

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

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

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

(8) Describes the process for appealing initial orders from Spokane Community College to Spokane Falls Community College's vice president of student affairs or initial orders from Spokane Falls Community College to Spokane Community College's vice president of student services.

(9) The panel chair will serve the initial order on the parties simultaneously.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-607, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-607, filed 12/19/24, effective 1/19/25
WSR 21-10-010, § 132Q-10-607, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-608 Appeals.

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

(2) For appeals coming from Spokane Community College, the vice president of student affairs at Spokane Falls Community College will process the appeal. For appeals coming from Spokane Falls Community College, the vice president of student services at Spokane Community College will process the appeal.

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

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

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

(6) The appropriate vice president of student affairs/services shall serve the final decision on the parties simultaneously.

(7) All administrative decisions reached through this process may be judicially appealed pursuant to applicable provisions of chapter 34.05 RCW including, but not limited to, the timelines set forth in RCW 34.05.542.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-608, filed 7/23/25, effective 8/23/25. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140(13). WSR 25-02-032, s 132Q-10-608, filed 12/19/24, effective 1/19/25
WSR 22-12-002, § 132Q-10-608, filed 5/19/22, effective 6/19/22
WSR 21-10-010, § 132Q-10-608, filed 4/23/21, effective 5/24/21.

Wash. Admin. Code § 132Q-10-609 Rights of parties.

(1) Spokane Colleges student conduct procedures, WAC 132Q-10-101 through 132Q-10-503, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-16-001, s 132Q-10-609, filed 7/23/25, effective 8/23/25.

Chapter 132Q-20 Traffic rules and regulations.

Wash. Admin. Code § 132Q-20-005 Definitions.

As used in this chapter the following words and phrases shall mean:

(1) Annual permits - Permits, which are valid for fall through summer quarters.

(2) Appropriate vice president - The chief administrative officer over student services regardless of current position title.

(3) Board - The board of trustees of Washington State Community College District 17, also known as Spokane Colleges.

(4) Campus - Any or all real property owned, leased, operated or maintained by Spokane Colleges.

(5) Campus safety - College security officers, criminal justice, work-study students, contracted security personnel, or employees, who are responsible to the appropriate vice president or designee for campus safety.

(6) College - Any community college or separate instructional unit which may be created by the board of trustees of Spokane Colleges.

(7) Spokane Colleges - Spokane Community College, Spokane Falls Community College, and the District Office.

(8) Spokane Colleges facilities are facilities owned by Spokane Colleges or the Spokane Colleges Foundation.

(9) Employee - Any person employed or representing Spokane Colleges on a full- or part-time basis.

(10) Invited guest permits - Permits which are valid for an individual invited to campus by a department for a specific period designated on the permit.

(11) Quarterly permits - Permits valid for a specified academic quarter.

(12) Special permits - Permits issued under special circumstances such as carpool permits, issued to employees who participate in commuter trip reduction; and honorary permits which are issued to Spokane Colleges employees upon retirement.

(13) Student - Any person who is or has officially registered at any college or instructional unit with the Spokane Colleges and with respect to whom the college maintains education records or personally identifiable information.

(14) Vehicle - An automobile, truck, motorcycle, scooter, or any vehicle powered by a motor.

(15) Vendors - Persons contracted to provide services to Spokane Colleges.

(16) Visitors - Any person, excluding students, employees, vendors and invited guests who lawfully visit the campus for purposes, which are in keeping with the colleges' role as institutions of higher learning in the state of Washington.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-005, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 13-15-150, § 132Q-20-005, filed 7/23/13, effective 8/23/13
WSR 11-23-162, § 132Q-20-005, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-005, filed 8/25/03, effective 9/25/03.

Wash. Admin. Code § 132Q-20-010 Purpose and jurisdiction for adopting rules.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Spokane Colleges is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district. The rules and regulations contained in this chapter pertain to all students, employees, vendors, invited guests, and visitors who use district facilities unless exempted by the chancellor of the district and are established for the following purposes:

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

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

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

(4) To facilitate the work of the community colleges.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-010, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-010, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-010, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-010, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-20-010, filed 7/23/87
Order 71-4, § 132Q-20-010, filed 7/26/71.

Wash. Admin. Code § 132Q-20-030 Applicable traffic rules and regulations.

The other traffic rules and regulations which may also be applicable upon the campuses are as follows:

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

(2) The appropriate municipal code.

History

Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-030, filed 11/22/11, effective 12/23/11
WSR 87-16-010 (Resolution No. 27), § 132Q-20-030, filed 7/23/87
Order 71-4, § 132Q-20-030, filed 7/26/71.

Wash. Admin. Code § 132Q-20-040 Permits required for vehicles on campus.

Vehicles shall not park at Spokane Colleges facilities without a valid parking permit issued pursuant to WAC 132Q-20-050, unless parked in a metered space. Failure to obtain a permit may be grounds for disciplinary action. The fees for the parking permits shall be established by the board of trustees of Spokane Colleges and shall be published. Students parking at Spokane Colleges facilities off the main campuses of SCC and SFCC are not required to have a parking permit.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-040, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-040, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-040, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-040, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-040, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-040, filed 7/23/87
Order 73-4, § 132Q-20-040, filed 2/23/73
Order 71-4, § 132Q-20-040, filed 7/26/71.

Wash. Admin. Code § 132Q-20-050 Authorization for issuance of permits.

The colleges are authorized to issue parking permits to students, employees, invited guests, vendors, and visitors of the college pursuant to regulations and the payment of appropriate fees as determined by the board of trustees of Spokane Colleges.

Employees, students, and visitors may obtain permits from the cashier's office. Invited guests and vendors may obtain permits from the sponsoring department.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-050, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-050, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-050, filed 8/25/03, effective 9/25/03
WSR 87-16-010 (Resolution No. 27), § 132Q-20-050, filed 7/23/87
Order 71-4, § 132Q-20-050, filed 7/26/71.

Wash. Admin. Code § 132Q-20-060 Valid permit.

A valid Spokane Colleges parking permit is:

(1) An unexpired student or employee parking permit registered and properly displayed; or

(2) A visitor or special parking permit authorized by the chief administration officer or designee, and properly displayed; or

(3) An invited guest or vendor parking permit issued by the sponsoring department and authorized by the chief administration officer or designee, and properly displayed.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-060, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-060, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-060, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-060, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-060, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-060, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-060, filed 7/23/87
Order 74-1, § 132Q-20-060, filed 9/23/74
Order 71-4, § 132Q-20-060, filed 7/26/71.

Wash. Admin. Code § 132Q-20-070 Display of permit.

All Spokane Colleges parking permits shall be displayed on the rear view mirror or in such a manner that they may be viewed through the front windshield. For motorcycles, permits must be placed on the front fork area of the vehicle.

(1) Expired permits should be removed before new permits are attached.

(2) Permits not displayed pursuant to the provisions of this section are not valid.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-070, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-070, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-070, filed 8/25/03, effective 9/25/03
WSR 87-16-010 (Resolution No. 27), § 132Q-20-070, filed 7/23/87
Order 74-1, § 132Q-20-070, filed 9/23/74
Order 71-4, § 132Q-20-070, filed 7/26/71.

Wash. Admin. Code § 132Q-20-080 Transfer of permits.

Parking permits are not transferable to other individuals but may be transferred to another vehicle owned and operated by the purchaser of the permit.

History

Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-20-080, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-080, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-20-080, filed 7/23/87
Order 71-4, § 132Q-20-080, filed 7/26/71.

Wash. Admin. Code § 132Q-20-090 Permit revocation.

Parking permits are the property of Spokane Colleges and may be recalled by the chief administration officer or designee for any of the following reasons:

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

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

(3) Falsification on a parking permit application; or

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-090, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-090, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-090, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-090, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-090, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-090, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-090, filed 7/23/87
Order 71-4, § 132Q-20-090, filed 7/26/71.

Wash. Admin. Code § 132Q-20-100 Right to refuse permit.

Spokane Colleges reserves the right to refuse the issuance of a parking permit to anyone who has had a previous parking permit revoked.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-100, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-100, filed 11/22/11, effective 12/23/11
Order 71-4, § 132Q-20-100, filed 7/26/71.

Wash. Admin. Code § 132Q-20-110 Right to appeal permit revocation/refusal.

When a student parking permit has been recalled pursuant to WAC 132Q-20-090, or has been refused in accordance with WAC 132Q-20-100, or when a fine or penalty has been levied against a violator of the rules set forth in this chapter, such action by the chief administration officer or designee, may be appealed pursuant to WAC 132Q-108-050. Employees of Spokane Colleges shall appeal permit revocations, refusals to grant permits, and fines or penalties levied for violations to the chief administration officer whose decision on the matter is final.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-110, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-110, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-110, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-110, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-110, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-110, filed 6/24/92, effective 7/25/92
WSR 90-21-021, § 132Q-20-110, filed 10/8/90, effective 11/8/90
WSR 87-16-010 (Resolution No. 27), § 132Q-20-110, filed 7/23/87
Order 73-4, § 132Q-20-110, filed 2/23/73
Order 71-4, § 132Q-20-110, filed 7/26/71.

Wash. Admin. Code § 132Q-20-120 Responsibility of permit holder.

The person to whom a parking permit is issued pursuant to the rules and regulations set forth in this chapter shall be responsible for all violations of said rules and regulations involving the vehicle and established fines. Such responsibility shall not relieve other persons who violate the rules and regulations established by this chapter of their responsibility for their conduct with vehicles registered to another permit holder.

History

Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-20-120, filed 8/25/03, effective 9/25/03
Order 71-4, § 132Q-20-120, filed 7/26/71.

Wash. Admin. Code § 132Q-20-130 Designation of parking spaces.

The parking spaces available on campus shall be designated and allocated by the chief administration officer or designee, in such a manner that best achieves the objectives of the rules in this chapter.

(1) Faculty, staff, student, and visitor spaces are designated for their use; and

(2) Parking spaces for the exclusive use by persons of disability are designated;

(3) A Spokane Colleges parking permit along with an official state disabled parking permit allows the permit holder to park in any designated employee or disabled parking space;

(4) Other special use spaces may be designated; and

(5) Parking at metered parking requires payment.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-130, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-130, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-130, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-130, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-130, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-130, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-130, filed 7/23/87
Order 71-4, § 132Q-20-130, filed 7/26/71.

Wash. Admin. Code § 132Q-20-140 Parking within designated spaces.

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

(2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in.

(3) In areas marked for parallel or right-angle parking, space or stall markings will be observed.

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

(5) No vehicle shall be parked except in those areas set aside and designated pursuant to WAC 132Q-20-130.

History

Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-140, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-140, filed 8/25/03, effective 9/25/03
Order 71-4, § 132Q-20-140, filed 7/26/71.

Wash. Admin. Code § 132Q-20-150 Parking hours.

Parking permits are required to park at Spokane Colleges facilities between the hours of 6:30 a.m. and 5:00 p.m. Monday through Friday. The rules and regulations pertaining to the use of certain parking permits in specific areas are contained in WAC 132Q-20-130. Students and employees may park in any of the spaces or stalls designated in WAC 132Q-20-140 on a first-come, first-served basis after 3:30 p.m. Custodial and authorized employees may park on campus from 10:00 p.m. to 6:30 a.m., and are required to follow regular parking regulations and obtain parking permits.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-150, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-150, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-150, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-150, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-150, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-20-150, filed 7/23/87
Order 71-4, § 132Q-20-150, filed 7/26/71.

Wash. Admin. Code § 132Q-20-160 Overnight parking.

Overnight parking is prohibited except when approval is granted by the chief administration officer or designee.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-160, filed 6/16/15, effective 7/17/15
WSR 00-14-007, § 132Q-20-160, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-160, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-160, filed 7/23/87
Order 71-4, § 132Q-20-160, filed 7/26/71.

Wash. Admin. Code § 132Q-20-170 Regulatory signs and directions.

The chief administration officer or designee is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned, leased or operated by the colleges. Such signs, barricades, structures, markings, and directions, shall be made and placed to best achieve the objectives stated in WAC 132Q-20-010 and the rules and regulations contained in this chapter.

Drivers of vehicles shall observe and obey the signs, barricades, structures, markings and directions erected pursuant to this section. Drivers shall also comply with the directions given them by the campus patrol in the control and regulation of traffic.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-170, filed 6/16/15, effective 7/17/15
WSR 03-18-021, § 132Q-20-170, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-170, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-170, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-170, filed 7/23/87
Order 71-4, § 132Q-20-170, filed 7/26/71.

Wash. Admin. Code § 132Q-20-180 Speed limit.

No vehicle shall be operated on the campuses at a speed in excess of the posted speed limit or such slower speed as is reasonable and prudent in the circumstances. No person operating a vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities unless authorized by the chief administration officer or designee.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-180, filed 6/16/15, effective 7/17/15
WSR 03-18-021, § 132Q-20-180, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-180, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-20-180, filed 7/23/87
Order 71-4, § 132Q-20-180, filed 7/26/71.

Wash. Admin. Code § 132Q-20-190 Pedestrians' right of way.

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

(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 a vehicle that has slowed or stopped to yield to pedestrian traffic.

(3) Every pedestrian crossing at any point other than a marked crosswalk or within an unmarked crosswalk at an intersection, shall yield the right of way to all vehicles.

(4) Pedestrians shall use sidewalks where provided.

History

Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-20-190, filed 8/25/03, effective 9/25/03
WSR 87-16-010 (Resolution No. 27), § 132Q-20-190, filed 7/23/87
Order 71-4, § 132Q-20-190, filed 7/26/71.

Wash. Admin. Code § 132Q-20-200 Special traffic and parking regulations and restrictions authorized.

When special occasions create additional and/or heavy traffic and during emergencies, the chief administration officer or designee, is authorized to impose additional traffic and parking regulations and restrictions to achieve the objectives specified in WAC 132Q-20-010.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-200, filed 6/16/15, effective 7/17/15
WSR 03-18-021, § 132Q-20-200, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-200, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-200, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-200, filed 7/23/87
Order 71-4, § 132Q-20-200, filed 7/26/71.

Wash. Admin. Code § 132Q-20-210 Two-wheeled motor bikes or bicycles.

(1) All two-wheeled vehicles powered by a motor shall park in a space designated for motorcycles only.

(2) Only vehicles authorized by the chief administration officer or designee may be driven or ridden on campus sidewalks.

(3) Skateboards and roller blades/skates are not permitted on campus.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-210, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-210, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-210, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-210, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-210, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-210, filed 7/23/87
Order 71-4, § 132Q-20-210, filed 7/26/71.

Wash. Admin. Code § 132Q-20-220 Report of accidents.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total of claimed damage to either or both vehicles exceeding the reporting threshold for property damage accidents pursuant to state patrol WAC 446-85-010, shall immediately report the accident to the chief administration officer or designee, and shall within twenty-four hours after such accident, file a state of Washington motor vehicle accident report if required.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-220, filed 6/16/15, effective 7/17/15
WSR 12-04-024, § 132Q-20-220, filed 1/25/12, effective 2/25/12
WSR 03-18-021, § 132Q-20-220, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-220, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-220, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-220, filed 7/23/87
Order 71-4, § 132Q-20-220, filed 7/26/71.

Wash. Admin. Code § 132Q-20-230 Exceptions from traffic and parking restrictions.

These rules shall not apply to city-, county-, state- or federally owned emergency vehicles.

History

Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-230, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-230, filed 8/25/03, effective 9/25/03
WSR 87-16-010 (Resolution No. 27), § 132Q-20-230, filed 7/23/87
Order 71-4, § 132Q-20-230, filed 7/26/71.

Wash. Admin. Code § 132Q-20-240 Enforcement.

(1) Enforcement of the parking rules is continuous throughout the year.

(2) The chief administration officer or designee shall be responsible for the enforcement of the rules contained in this chapter.

History

Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-240, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-240, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-240, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-240, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-240, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-240, filed 7/23/87
Order 72-5, § 132Q-20-240, filed 10/9/72
Order 71-4, § 132Q-20-240, filed 7/26/71.

Wash. Admin. Code § 132Q-20-250 Issuance of traffic citations.

Upon violation of any rules contained in this chapter, the campus safety office may issue traffic citations setting forth the date, approximate time, permit number, license information, infraction, officer, and schedule of fines. Traffic citations may be served by attaching or affixing a copy in a prominent place outside the vehicle or by personally serving the operator/owner and by direct entry into the violator's "Customer Account."

History

Statutory Authority: RCW 28B.50.140. WSR 11-23-162, § 132Q-20-250, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-250, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-250, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-250, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-250, filed 7/23/87
Order 71-4, § 132Q-20-250, filed 7/26/71.

Wash. Admin. Code § 132Q-20-260 Fines and penalties violations.

(1) Fines may be levied by the chief administration officer or designee for all violations of the rules contained in this chapter. A current schedule of fines is available from the campus safety office.

(2) Violators have the right to due process and may appeal to the college parking appeals board created in WAC 132Q-20-265, whose decision is final.

(3) Vehicles parked on any campus in violation of any of the rules contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the campus safety office. If a vehicle is impounded, it may be taken to such place for storage as the chief administration officer or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. Spokane Colleges shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(4) At the discretion of the chief administration officer or designee, an accumulation of traffic violations by a student may be cause for disciplinary action, pursuant to chapter 132Q-30 WAC. In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to Spokane Colleges, registration, official transcripts, graduation or other administrative action. Failure to pay fines may result in the refusal to issue a permit.

(5) For students and employees, refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-260, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-260, filed 6/16/15, effective 7/17/15
WSR 11-23-162, § 132Q-20-260, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-260, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-260, filed 6/26/00, effective 7/27/00
WSR 92-14-036, § 132Q-20-260, filed 6/24/92, effective 7/25/92
WSR 87-16-010 (Resolution No. 27), § 132Q-20-260, filed 7/23/87
Order 72-2, § 132Q-20-260, filed 2/7/72
Order 71-4, § 132Q-20-260, filed 7/26/71.

Wash. Admin. Code § 132Q-20-265 Appeals.

(1) Spokane Colleges shall establish a parking appeals board consisting of no less than seven members. The appeals board membership shall consist of one faculty, one student and one classified staff from each college as appointed by that college's president, as well as one noncampus employee appointed by the chancellor.

(2) The parking appeals boards shall use criteria on which to fairly judge appeals including, but not limited to:

(a) Did an institutional error occur?

(b) Were there extenuating circumstances that caused the error to occur?

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-265, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 15-13-123, § 132Q-20-265, filed 6/16/15, effective 7/17/15
WSR 13-15-150, § 132Q-20-265, filed 7/23/13, effective 8/23/13
WSR 11-23-162, § 132Q-20-265, filed 11/22/11, effective 12/23/11
WSR 03-18-021, § 132Q-20-265, filed 8/25/03, effective 9/25/03
WSR 87-16-010 (Resolution No. 27), § 132Q-20-265, filed 7/23/87.

Wash. Admin. Code § 132Q-20-270 Liability of Spokane Colleges.

Spokane Colleges assumes no liability under any circumstances for vehicles parked on campus.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-20-270, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-20-270, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-20-270, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-20-270, filed 7/23/87
Order 71-4, § 132Q-20-270, filed 7/26/71.

Chapter 132Q-89 Collective bargaining relating to tenure.

Wash. Admin. Code § 132Q-89-010 Tenure.

This rule is adopted pursuant to the requirement of RCW 28B.50.852 and in accordance herewith it is the declared policy of the board of trustees that the collective bargaining agreement and/or policies of the college shall contain provisions relating to the following subject matter areas of implementation regarding tenure and shall be consistent with the laws of the state of Washington: Recommendations for tenure; reduction in force procedures; dismissal procedures; hearing procedures; rights of appeal.

History

Statutory Authority: RCW 28B.50.852. WSR 82-15-048 (Order 82-48, Resolution No. 20), § 132Q-89-010, filed 7/19/82.

Chapter 132Q-94 Faculty and student health and safety regulations.

Wash. Admin. Code § 132Q-94-010 Declaration of purpose.

By adoption of the following health and safety regulations the board of trustees of Spokane Colleges expresses its firm commitment to the safety and health of its students and employees. The board further recognizes the importance of students and employees developing safe work habits, particularly in the areas of equipment and machinery operation, and in the handling of potentially hazardous chemical substances. This chapter shall apply to all students, college employees, and visitors and shall pertain to all campuses and sites under the direct or indirect control of the district.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-94-010, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-94-010, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-94-010, filed 6/26/00, effective 7/27/00
WSR 90-21-022, § 132Q-94-010, filed 10/8/90, effective 11/8/90
WSR 87-16-010 (Resolution No. 27), § 132Q-94-010, filed 7/23/87
Order 72-1, § 132Q-94-010, filed 1/28/72.

Wash. Admin. Code § 132Q-94-020 Rationale.

Adoption of these health and safety rules by the board of trustees is based on the following standards:

(1) The possibility of accidental injury to an individual exists at all times and in all places and no place of work or any human activity is exempt from the possibility of accidents.

(2) All community college safety programs are for the benefit of the Spokane Colleges and the individual students enrolled within the institution(s). There is no conflict of interests between the students and the college in the area of an accident prevention program; through accident prevention, everyone benefits.

(3) Accident prevention requires both organization and education, consisting largely of the desire to provide and maintain an environment free of hazards through institution of a common-sense safety program and the determination to carry out the program effectively.

(4) Effective accident prevention includes instructor leadership, student cooperation, effective organization, thorough training, and good supervision.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-94-020, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-94-020, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-94-020, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-94-020, filed 7/23/87
Order 72-1, § 132Q-94-020, filed 1/28/72.

Wash. Admin. Code § 132Q-94-030 Students' responsibilities.

Students attending Spokane Colleges shall, to the best of their ability, make it their individual responsibility to keep themselves and their fellow students free from accidents. In the interest of accident prevention, students shall obey the approved district safety rules and procedures including those outlined below, as well as other, more specific safety rules, as outlined by their instructors:

(1) Students shall consider the benefits of accident prevention to themselves, to others, and to their work, and shall act accordingly, conducting their work to avoid accidents through observation of safe work practices.

(2) Students shall study and observe all safe practices governing their specific area of work or class assignment, and shall make a concerted effort to understand their job and area of assignment.

(3) Students shall ascertain emergency procedures from their instructor or supervisor.

(4) Students shall remain alert for any unsafe condition(s) or practice(s), immediately reporting any observed to their instructor or supervisor.

(5) Students shall promptly report any accident in which they are injured, regardless of the degree of severity, to their instructor or supervisor.

(6) Students shall not engage in practical jokes or horseplay while attending class or while on the job.

(7) Students shall not report to class or a work-study position while under the influence of intoxicants or drugs, nor shall such items be used or consumed while on the premises of the Spokane Colleges or representing the Spokane Colleges at an offsite location.

(8) Students who receive their instructor or supervisor's permission to operate a state vehicle shall comply with existing fleet policies and procedures of Spokane Colleges.

(9) Students shall comply with existing smoking regulations of the Spokane Colleges.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-94-030, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-94-030, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-94-030, filed 6/26/00, effective 7/27/00
WSR 87-16-010 (Resolution No. 27), § 132Q-94-030, filed 7/23/87
Order 72-1, § 132Q-94-030, filed 1/28/72.

Wash. Admin. Code § 132Q-94-120 Prohibiting unsafe acts or unhealthful practices.

Nothing contained in this chapter shall prohibit an instructor or supervisor from immediately prohibiting an unsafe practice which is not specifically outlined in this chapter.

Any violation of sound health and safety practices not specifically enumerated in this chapter shall not be permitted, and the instructor or supervisor in charge may prohibit such practices.

History

Statutory Authority: RCW 28B.50.140. WSR 87-16-010 (Resolution No. 27), § 132Q-94-120, filed 7/23/87
Order 72-1, § 132Q-94-120, filed 1/28/72.

Wash. Admin. Code § 132Q-94-125 Pets and other animals prohibited in college buildings and grounds.

For reasons of health, sanitation, and safety, no person shall be permitted to bring or leave any dog, cat, or any other pet or animal in any college building, nor leave such pet or animal unattended on any district property. This section does not apply to persons with a disability who require the services and assistance of a guide dog and/or trained service animal as defined by law.

History

Statutory Authority: RCW 28B.50.140. WSR 00-14-007, § 132Q-94-125, filed 6/26/00, effective 7/27/00
WSR 97-24-023, § 132Q-94-125, filed 11/24/97, effective 12/25/97
WSR 87-16-010 (Resolution No. 27), § 132Q-94-125, filed 7/23/87.

Wash. Admin. Code § 132Q-94-130 Violations.

Violations of these rules and regulations based on health and safety standards within this chapter shall be cause for disciplinary action under the provisions of chapter 132Q-[02] WAC. Disciplinary proceedings shall be conducted in accordance with chapter 132Q-[02] WAC.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 132Q-94-140 Severability.

If any section or part of a section of this chapter shall for any cause be unconstitutional or unlawful, such holdings shall not affect the rest of this chapter or any other sections hereof.

History

Order 72-1, § 132Q-94-140, filed 1/28/72.

Wash. Admin. Code § 132Q-94-150 Prohibition of weapons and other dangerous instrumentalities.

No college personnel, student or member of the public shall carry, transport within a vehicle or otherwise possess any weapon explosive device, hazardous chemicals or any other hazardous weapon such as knives or substance on any college campus or other district property except for use in an authorized college activity with express authorization from the chief executive of the campus or an authorized designee.

History

Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-94-150, filed 8/25/03, effective 9/25/03
WSR 00-14-007, § 132Q-94-150, filed 6/26/00, effective 7/27/00
WSR 90-21-023, § 132Q-94-150, filed 10/8/90, effective 11/8/90.

Wash. Admin. Code § 132Q-94-160 Prohibition of open flames in college buildings.

Candles and other open flames, including lighting and burning of incense, are prohibited in any building owned or operated by Spokane Colleges. Open flames create a fire hazard, and scented candles and incense can be an irritant to other individuals. Exceptions may be made if the candle or flame is associated with instructional equipment under appropriate faculty supervision or for decorative/food preparation purposes as part of an approved college function and with appropriate equipment. The facilities department obtains necessary permits from the city of Spokane fire department for such uses.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-94-160, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-94-160, filed 8/25/03, effective 9/25/03.

Chapter 132Q-108 Rules of practice.

Wash. Admin. Code § 132Q-108-010 Adoption of model rules of practice and procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at Spokane Colleges. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by Spokane Colleges shall govern. Rules adopted at Spokane Colleges prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-108-010, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-108-010, filed 8/25/03, effective 9/25/03
WSR 91-17-076, § 132Q-108-010, filed 8/21/91, effective 9/21/91.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-024, § 132Q-108-020, filed 9/23/11, effective 10/24/11
WSR 03-18-021, § 132Q-108-020, filed 8/25/03, effective 9/25/03
WSR 91-17-076, § 132Q-108-020, filed 8/21/91, effective 9/21/91.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-030, filed 8/21/91, effective 9/21/91.

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

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: Spokane Colleges, 501 North Riverpoint Boulevard, P.O. Box 6000, MS 1001 Spokane, Washington, 99217-6000. Written application for an adjudicative proceeding should be submitted to the above address within 20 days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-108-040, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 03-18-021, § 132Q-108-040, filed 8/25/03, effective 9/25/03
WSR 91-17-076, § 132Q-108-040, filed 8/21/91, effective 9/21/91.

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

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

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

(2) Disputes concerning educational records;

(3) Student conduct proceedings. The procedural rules in chapter 132Q-30 WAC apply to these procedures;

(4) Parking violations. The procedural rules in chapter 132Q-20 WAC apply to these proceedings;

(5) Outstanding debts owed by students or employees;

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

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-024, § 132Q-108-050, filed 9/23/11, effective 10/24/11
WSR 03-18-021, § 132Q-108-050, filed 8/25/03, effective 9/25/03
WSR 92-14-039, § 132Q-108-050, filed 6/24/92, effective 7/25/92
WSR 91-17-076, § 132Q-108-050, filed 8/21/91, effective 9/21/91.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-060, filed 8/21/91, effective 9/21/91.

Wash. Admin. Code § 132Q-108-070 Procedure for closing parts of the hearings.

All adjudicative proceedings shall be open to public observation except that a party may apply for a protective order to close part or all of a hearing. The party making the request shall state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing.

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-070, filed 8/21/91, effective 9/21/91.

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

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132Q-108-010, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-080, filed 8/21/91, effective 9/21/91.

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-090, filed 8/21/91, effective 9/21/91.

Wash. Admin. Code § 132Q-108-100 Informal settlements.

It is the intent of this district to resolve all disputes by informal settlements utilizing the normal internal grievance procedures or applicable collective bargaining agreements pursuant to RCW 34.05.060.

History

Statutory Authority: RCW 28B.50.140. WSR 91-17-076, § 132Q-108-100, filed 8/21/91, effective 9/21/91.

Chapter 132Q-113 Legislative liaisons.

Wash. Admin. Code § 132Q-113-010 Designation of legislative liaisons.

As required by RCW 42.17.190, those persons holding the following positions within Washington State Community College District 17 are designated legislative liaisons for Washington State Community College District 17 and those community colleges contained within Spokane Colleges:

(1) Members of the board of trustees;

(2) Chancellor;

(3) College presidents;

(4) District management services officers; and

(5) All those persons designated in writing by the chancellor of Washington State Community College District 17, which writing shall be made available among the records maintained by the office of the chancellor of Washington State Community College District 17.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-113-010, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 13-15-152, § 132Q-113-010, filed 7/23/13, effective 8/23/13
WSR 11-20-025, § 132Q-113-010, filed 9/23/11, effective 10/24/11
WSR 04-10-065, § 132Q-113-010, filed 4/30/04, effective 5/31/04
WSR 92-14-040, § 132Q-113-010, filed 6/24/92, effective 7/25/92
Order 73-3, § 132Q-113-010, filed 2/23/73.

Wash. Admin. Code § 132Q-113-020 Responsibility.

Such persons designated in WAC 132Q-113-010 shall be responsible for making available through official channels requests for legislation or seeking such appropriations as the college may deem necessary for the official conduct of its business.

History

Order 73-3, § 132Q-113-020, filed 2/23/73.

Chapter 132Q-135 Environmental policy.

Wash. Admin. Code § 132Q-135-050 State Environmental Policy Act (SEPA).

It is the policy of the Spokane Colleges that capital projects shall be accomplished in compliance with chapter 43.21C RCW, the State Environmental Policy Act (SEPA), and in accordance with chapter 197-11 WAC and all subsequent amendments thereto, and WAC 131-24-030.

In compliance with chapter 197-11 WAC, the chancellor or a duly appointed administrator designee shall be the responsible official for implementing this policy.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-135-050, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-20-026, § 132Q-135-050, filed 9/23/11, effective 10/24/11
WSR 91-17-077, § 132Q-135-050, filed 8/21/91, effective 9/21/91.

Chapter 132Q-136 Use of district facilities.

Wash. Admin. Code § 132Q-136-010 Use of district facilities—General policy and delegation.

(1) Washington State Community College District 17 (Spokane Colleges) is an educational institution provided and maintained by the people of the state in order to carry out its mission pursuant to chapter 28B.50 RCW. The purpose of this policy is to assure that all facilities operated, owned or maintained by the district are reserved primarily for those activities which either are related directly to the district's mission or are otherwise justifiable on the basis of their contributions to the cultural, educational, economic or recreational interests of the state and its people.

(2) The board of trustees delegates to the chancellor, or staff so designated by the chancellor, the authority to establish procedures for the regulation and review of the use of district facilities and to establish user fees where appropriate.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-136-010, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 28B.50.140. WSR 11-20-027, § 132Q-136-010, filed 9/23/11, effective 10/24/11
WSR 84-19-028 (Resolution No. 22), § 132Q-136-010, filed 9/14/84.

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

As used in this chapter, the following terms shall have the following meaning:

(1) "Facilities" shall include all structures, building, grounds, parking lots, sidewalks and airspace owned or controlled by District 17.

(2) "District" or "District 17" shall include Spokane Community College, Spokane Falls Community College, and any other college or organizational unit of Washington State Community College District 17 hereafter established by the district board of trustees.

(3) "Use of facilities" shall include the holding of events, the posting and removal of signs, all forms of advertising, commercial activities, charitable solicitation and any other activity which takes place in or on facilities owned or controlled by District 17.

(4) "Scheduling office" shall be the office within the organization of the district which is designated as the office responsible for scheduling a particular district facility. The designation of scheduling offices shall be made by the chancellor, or staff so designated by the chancellor, pursuant to WAC 132Q-136-010(2).

(5) "User fee" shall be the fee, if any, charged any user for the use of facilities, including a use fee, fees for special custodial, attendant or security services, fees for supervisor services, fees for the use of special district equipment in conjunction with the use of facilities and any other fees established pursuant to WAC 132Q-136-010(2). The schedule of user fees may be amended from time to time.

(6) "Academic or administrative unit sponsorship" shall mean that the head of an academic or administrative unit within the district has reviewed a request for use of facilities, has determined that such use of facilities meets the general policy concerning the use of district facilities pursuant to WAC 132Q-136-010(1) and all limitations on the use of facilities pursuant to WAC 132Q-136-040, has determined that the academic or administrative unit is willing to sponsor the proposed use of facilities and has signed the appropriate request form.

History

Statutory Authority: RCW 28B.50.140. WSR 13-15-153, § 132Q-136-020, filed 7/23/13, effective 8/23/13
WSR 11-20-027, § 132Q-136-020, filed 9/23/11, effective 10/24/11
WSR 84-19-028 (Resolution No. 22), § 132Q-136-020, filed 9/14/84.

Wash. Admin. Code § 132Q-136-030 Users.

(1) College personnel, and official student organizations of Washington State Community College District 17 may use district facilities to hold events for college personnel and students provided such use complies with the general policy on the use of district facilities pursuant to WAC 132Q-136-010 and that all events are scheduled pursuant to WAC 132Q-136-050. Such use does not require either academic or administrative unit sponsorship nor does such use require approval by the chancellor or other designated staff.

(2) College personnel and official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor or other designated staff.

(3) Organizations or persons other than district personnel or official student organizations may use district facilities to hold events for members of that organization provided such use complies with the general policy of the use of district facilities. Such use does not require either academic or administrative unit sponsorship, but does require the approval of the chancellor or designee.

(4) Organizations or persons other than district personnel or official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor or designee.

(5) Use of facilities for religious purposes is permitted on the same basis as for nonreligious purposes as long as use for religious purposes does not dominate access to facilities pursuant to WAC 132Q-136-040.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-027, § 132Q-136-030, filed 9/23/11, effective 10/24/11
WSR 04-10-065, § 132Q-136-030, filed 4/30/04, effective 5/31/04
WSR 84-19-028 (Resolution No. 22), § 132Q-136-030, filed 9/14/84.

Wash. Admin. Code § 132Q-136-040 Limitations.

(1) District facilities of Washington State Community College District 17 may not be used in ways that substantially obstruct or disrupt educational activities or freedom of movement or other lawful activities on or in district facilities.

(2) District facilities may not be used by groups, including informal groups, which discriminate in their membership or limit participation in activities on the basis of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical disability.

(3) College personnel or official student organizations may use district facilities to present educational forums regarding ballot propositions and/or candidates who have filed for public office as long as the audience is limited to college personnel and students. However, pursuant to RCW 42.17.130 "the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition" is prohibited.

(4) District facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are in conjunction with authorized use of facilities by outside groups, fund raising activities directly benefiting the district, or activities fulfilling an educational or service need of the students or college personnel. The sale of any item, the use of any advertising material, or operation of any promotional activity is subject to prior approval of the chancellor or designee.

(5) The distribution of handbills, leaflets, pamphlets and similar materials is not permitted in or on those facilities to which access by the general public is restricted or where such distribution would significantly impinge upon the primary business being conducted.

(6) Charitable solicitation is not permitted in or on those facilities to which access by the general public is restricted or where such solicitation would significantly impinge upon the primary business being conducted.

(7) District facilities may be used by other public or private educational institutions or public agencies only insofar as the intended use of the facilities meets a community need not being fulfilled by District 17 and where such activities do not interfere with the educational programs being offered by District 17 or with the maintenance and repair programs of the district. A user fee, if any, for such use shall be determined by the chancellor or designee.

(8) Organizations or persons other than district personnel or official student organizations may use district facilities only after the procedures pursuant to WAC 132Q-136-050 are completed and appropriate user fees have been paid in full or satisfactory payment arrangements completed.

(9) District 17 reserves the right to require that the district be represented at any use of facilities where the presence of a representative is in the best interest of the district.

(10) District equipment shall be used only when authorized and shall not be removed from any facility unless written authorization for such removal has been obtained prior to use.

(11) No decorations or other application of material to walls, ceiling or floors of any facility shall be permitted if such application will in any way mar, deface or injure the facility. Users shall be responsible for the removal or disposal of any decorations, materials, equipment, furnishings or rubbish that remain in or on any facility following use of the facility. Failure of any user to meet this obligation that results in additional cost to the district shall subject the user to additional charges for such costs.

(12) College property may not be used for camping, defined to include sleeping, carrying on cooking activities, storing personal belongings, or the erection of tents or other shelters or structures used for purposes of personal habitation.

History

Statutory Authority: RCW 28B.50.140. WSR 12-09-075, § 132Q-136-040, filed 4/17/12, effective 5/18/12
WSR 11-20-027, § 132Q-136-040, filed 9/23/11, effective 10/24/11
WSR 04-10-065, § 132Q-136-040, filed 4/30/04, effective 5/31/04
WSR 84-19-028 (Resolution No. 22), § 132Q-136-040, filed 9/14/84.

Wash. Admin. Code § 132Q-136-050 Reservation, scheduling and approval procedure.

(1) To reserve or schedule the use of facilities, faculty, staff, official student organizations or outside parties shall contact the appropriate college scheduling office. The scheduling office shall provide all appropriate scheduling procedures, forms and agreements and shall arrange for all necessary approvals, reservations, scheduling and payments.

(2) No less than fourteen days prior to the anticipated date for use of district facilities, any individual or organization desiring to reserve or schedule facility use shall present all required forms, fully completed, to the appropriate scheduling office. The scheduling office shall process the completed application and secure all required approvals. The individual or organization requesting the use of facilities shall be notified of the disposition of the request within ten days. Such fourteen day notice may be waived by the scheduling office provided that such waiver does not disrupt normal facility operation.

(3) Full payment of the appropriate user fee, if any, or satisfactory payment arrangements are required prior to the use of district facilities.

History

Statutory Authority: RCW 28B.50.140. WSR 13-15-153, § 132Q-136-050, filed 7/23/13, effective 8/23/13
WSR 84-19-028 (Resolution No. 22), § 132Q-136-050, filed 9/14/84.

Wash. Admin. Code § 132Q-136-060 Safety and liability.

(1) It is the responsibility of any person or organization requesting the use of district facilities to ensure that the proposed use will be carried out in a manner that assures the safety of all persons concerned. Compliance with applicable fire, health and safety regulations is required.

(2) Authorization to organizations or persons other than district faculty, staff, or official student organizations for the use of district facilities is granted with the express understanding and condition that such organization or person assumes full responsibility for any loss, damage or claims arising out of such use. When the event involves physical activity, or otherwise would increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least one million dollars per occurrence shall be provided to the chancellor or designee.

History

Statutory Authority: RCW 28B.50.140. WSR 11-20-027, § 132Q-136-060, filed 9/23/11, effective 10/24/11
WSR 84-19-028 (Resolution No. 22), § 132Q-136-060, filed 9/14/84.

Chapter 132Q-276 Public records—Initiative 276.

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

The purpose of this chapter shall be to insure compliance by Washington Community College District 17 with the provisions of chapter 42.56 RCW, the Public Records Act.

History

Statutory Authority: RCW 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-010, filed 4/6/18, effective 5/7/18. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-010, filed 4/22/83.

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

(1) "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" means handwriting, typewriting, printing, photocopying, 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 picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings and other documents including existing data compilations from which information may be obtained or translated.

(3) "Washington State Community College District 17" is a state agency created and organized by statute pursuant to RCW 28B.50.040, and shall hereinafter be referred to as the "district." Where appropriate, the term "district" shall also refer to college personnel and board of trustees of the district.

(4) "District facilities" of Washington State Community College District 17 include any or all real property owned, operated or maintained by the board of trustees of Spokane Colleges, and shall include all buildings and appurtenances affixed thereon or attached thereto.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-276-020, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 25B.50.140 [ 28B.50.140]. WSR 18-09-007, § 132Q-276-020, filed 4/6/18, effective 5/7/18
WSR 04-10-065, § 132Q-276-020, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-020, filed 4/22/83.

Wash. Admin. Code § 132Q-276-030 Central and field organization.

Washington State Community College District 17 is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff is located at 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, Washington 99217-6000. The district operates two colleges, Spokane Community College, located at 1810 North Greene Street, Spokane, Washington 99217-5399; and Spokane Falls Community College, located at 3410 West Whistalks Way, Spokane, Washington 99224-5288. The district also delivers instructional programming in the counties of Ferry, Lincoln (except Consolidated School District 105-157-166J and the Lincoln County portion of Common School District 167-202), Pend Oreille, Spokane, Stevens, and Whitman.

History

Statutory Authority: RCW 34.05.353. WSR 21-12-050, § 132Q-276-030, filed 5/26/21, effective 6/26/21. Statutory Authority: RCW 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-030, filed 4/6/18, effective 5/7/18
WSR 13-15-154, § 132Q-276-030, filed 7/23/13, effective 8/23/13
WSR 04-10-065, § 132Q-276-030, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-030, filed 4/22/83.

Wash. Admin. Code § 132Q-276-040 Operations and procedures.

Washington State Community College District 17 is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. District 17 is operated under the supervision and control of a board of trustees appointed by the governor as provided in RCW 28B.50.100. The chief administrative officer of the district is the chancellor/chief executive officer, who also serves as secretary to the board of trustees. The day-to-day operation of the district, pursuant to policy established and approved by the board of trustees, is implemented through the office of the chancellor/chief executive officer or designee.

The board of trustees meets the third Tuesday of each month at 8:30 a.m. at the Lodge Building, 3305 West Whistalks Way, Spokane, Washington 99224, unless public notice is given of a special meeting. At such time, the trustees exercise the powers and duties granted to the board by RCW 28B.50.140.

History

Statutory Authority: RCW 34.05.353. WSR 21-12-050, § 132Q-276-040, filed 5/26/21, effective 6/26/21. Statutory Authority: RCW 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-040, filed 4/6/18, effective 5/7/18
WSR 04-10-065, § 132Q-276-040, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-040, filed 4/22/83.

Wash. Admin. Code § 132Q-276-050 Public records available.

All public records of the district, as defined in WAC 132Q-276-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.56.210 and WAC 132Q-276-100.

History

Statutory Authority: RCW 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-050, filed 4/6/18, effective 5/7/18. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-050, filed 4/22/83.

Wash. Admin. Code § 132Q-276-060 Public records officer.

(1) Any person wishing to request access to public records of District 17, or seeking assistance in making such a request should contact the public records officer of District 17. Throughout this chapter, references to the public records officer shall mean the public records officer or his/her designee.

(2) Contact information:

Public Records Officer

Spokane Colleges

P.O. Box 6000

Spokane, WA 99217-6000

Phone: 509-434-5275

Fax: 509-434-5279

Email: publicrecords@ccs.spokane.edu

(3) Information is also available at the Spokane Colleges website at http://www.ccs.spokane.edu/getdoc/696748c1-fee0-4f18-8777-a3ac9ea1cb95/prr.aspx.

(4) The public records officer and District 17 shall assist requestors, comply with chapter 42.56 RCW, the Public Records Act, and provide public records training and assistance to college employees.

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-276-060, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 25B.50.140 [ 28B.50.140]. WSR 18-09-007, § 132Q-276-060, filed 4/6/18, effective 5/7/18. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-060, filed 4/22/83.

Wash. Admin. Code § 132Q-276-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For the purposes of this chapter, the customary office hours shall be from 8:00 a.m. until noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-070, filed 4/22/83.

Wash. Admin. Code § 132Q-276-080 Requests for public records.

In accordance with requirements of RCW 42.56.100, 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 district which shall be available at its administrative office and online at http://www.ccs.spokane.edu/getdoc/f7dfbca0-8837-4866-af04-da9b18477a8c/ccs.2136-(1).aspx. The form shall be presented to the public records officer or to any member of the district's administrative staff, if the public records officer is not available, at the district office during customary office hours. The request shall include the following information:

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

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

(d) Adequate identification of the public records for the public records office to locate the records;

(e) The date and time of day of the request.

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

(2) 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 other 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 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-080, filed 4/6/18, effective 5/7/18. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-080, filed 4/22/83.

Wash. Admin. Code § 132Q-276-090 Costs of providing copies of public records.

(1) The following copy fees and payment procedures apply to public records requests made after the effective date of this rule.

(2) Pursuant to RCW 42.56.120 (2)(b), District 17 is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The district does not have the resources to conduct a study to determine all its actual copying costs;

(b) It is difficult to calculate all costs directly incident to copying records; and

(3) Costs of copies. No fees shall be charged for the inspection of public records of Washington State Community College District 17. The district will charge for copies of public records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The district will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the district may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The district may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the district are summarized in the fee schedule available on the district's website at http://www.ccs.spokane.edu/getdoc/696748c1-fee0-4f18-8777-a3ac9ea1cb95/prr.aspx.

(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when: (i) All of the records responsive to an entire request are paper copies only and are 20 or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 20 pages. If that email for any reason is not deliverable, records will be produced in accordance with this rule.

(b) Fee waivers are not applicable to records requested in installments.

(5) The public records officer may require an advance deposit of 10 percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds $25.

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

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

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

History

Statutory Authority: Chapter 34.05 RCW. WSR 25-06-085, s 132Q-276-090, filed 3/5/25, effective 4/5/25. Statutory Authority: RCW 25B.50.140 [ 28B.50.140]. WSR 18-09-007, § 132Q-276-090, filed 4/6/18, effective 5/7/18
WSR 04-10-065, § 132Q-276-090, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-090, filed 4/22/83.

Wash. Admin. Code § 132Q-276-100 Exemptions.

(1) The district reserves the right to determine that the public record requested in accordance with the procedures outlined in WAC 132Q-276-080 is exempt under the provisions of chapter 42.56 RCW.

(2) In addition, pursuant to RCW 42.56.070, the district 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 invasion of personal privacy protected by chapter 42.56 RCW. The public records officer shall fully justify any such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the records withheld.

History

Statutory Authority: RCW 25B.50.140 [28B.50.140]. WSR 18-09-007, § 132Q-276-100, filed 4/6/18, effective 5/7/18. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-100, filed 4/22/83.

Wash. Admin. Code § 132Q-276-110 Appeal of denials.

(1) Any person who objects to the denial of a request for a public record of Washington State Community College District 17 may appeal such decision by tendering a written request for appeal. The written request shall specifically refer to the written statement by the public records officer or other staff member that constituted or accompanied the denial.

(2) Immediately after receiving a written request for appeal of a decision denying a public record of District 17, the public records officer or other administrative staff member denying the request shall refer the written request to the chancellor/chief executive officer or designee. The chancellor/chief executive officer or designee shall immediately consider the matter, may consult with the office of the attorney general, and either affirm or reverse such denial of access to a public record. In any case, the request shall be returned with a final decision within two business days following the filing of the written request for review.

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

History

Statutory Authority: RCW 28B.50.140. WSR 04-10-065, § 132Q-276-110, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-110, filed 4/22/83.

Wash. Admin. Code § 132Q-276-120 Protection of public records.

It is the policy of the district, in order to protect public records from damage or disorganization and to prevent excessive interference with other essential functions of the district, that original copies of records are not to be taken from the district designated area of custody or storage. Any examination and copying of records subject to these regulations is to occur at places designated by the district through the public records officer and/or his designee. The fullest assistance to inquiries and the most timely possible action on request for information consistent with protection of the public records is to be supplied.

History

Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-120, filed 4/22/83.

Wash. Admin. Code § 132Q-276-130 Records index.

(1) The district has available to all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated since June 30, 1972: (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (b) those statements of policy and interpretations of policy, statutes and the constitution which have been adopted by the agency; (c) administrative staff manuals and instructions to staff that affect a member of the public; (d) planning policies and goals, and interim and final planning decisions; (e) factual staff reports and studies, factual consultants reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and (f) correspondence and materials referred therein by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines or opines upon, or is asked to determine or opine upon, the rights of state, the public, a subdivision of state government or any private agency.

(2) The current index described in WAC 132Q-276-130(1) shall be available to all persons under the same rules and on the same conditions as they are applied to public records available for inspection.

History

Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-130, filed 4/22/83.

Wash. Admin. Code § 132Q-276-140 Adoption of form.

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

History

Statutory Authority: RCW 42.17.250. WSR 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-140, filed 4/22/83.