Title 132s WAC — Columbia Basin College

Chapter 132S-01 Board of trustees.

Wash. Admin. Code § 132S-01-015 Organization.

Washington state Community College District 19, Columbia Basin College, is established in Title 28B RCW as a public institution of higher education. District 19 is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution and secretary to the board.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-01-015, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-01-025 Bylaws of the board of trustees.

The bylaws of the board of trustees of Columbia Basin College (CBC) are contained in the CBC board policy manual.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-01-025, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-01-035 Regular meetings of the board of trustees.

The board of trustees of Columbia Basin College 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 twenty days prior to the rescheduled meeting date.

All regular meetings of the board of trustees shall be held at 2600 North 20th Avenue, Pasco, WA 99301, unless otherwise announced in accordance with chapter 42.30 RCW (the Open Public Meetings Act). Information about specific meeting places and times may be obtained from the president's office or the Columbia Basin College website.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-01-035, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-01-045 Special meetings of the board of trustees.

Special meetings of the board of trustees of Columbia Basin College 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. No other business shall be transacted or official action taken, other than the purpose, or purposes for which the special meeting was called. Notice of such special meetings also shall be provided twenty-four hours prior to such meetings to the 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 16-12-039, § 132S-01-045, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-01-055 Office of the board of trustees.

The board of trustees of Columbia Basin College shall maintain an office at 2600 North 20th Avenue, Pasco, WA 99301. All records, minutes and the official college seal shall be kept in the president's office located at 2600 North 20th Avenue, Pasco, WA 99301. The office hours are 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 12:00 p.m. Friday, except for legal holidays and occasional closures as communicated to the local media.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-01-055, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-01-065 Correspondence for the board of trustees.

Correspondence or other business for the board of trustees of Columbia Basin College shall be sent to the secretary of the board at 2600 North 20th Avenue, Pasco, WA 99301.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-01-065, filed 5/25/16, effective 6/25/16.

Chapter 132S-05 Administration.

Wash. Admin. Code § 132S-05-010 Rules coordinator.

The rules coordinator for Columbia Basin College as designated by the president is:

The Vice President for

Human Resources & Legal Affairs

Columbia Basin College

2600 North 20th Avenue

Pasco, WA 99301

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-05-010, filed 5/25/16, effective 6/25/16
• WSR 90-07-006, § 132S-05-010, filed 3/12/90, effective 4/12/90.

Wash. Admin. Code § 132S-05-015 Organization—Operation—Information.

(1) Organization. Columbia Basin College is established in Title 28B RCW as a public institution of higher education.

The president is the chief executive officer and as such, establishes the structure of the administration.

(2) Operation. The Columbia Basin College administrative office at the Pasco campus is located at the following address:

Columbia Basin College

2600 North 20th Avenue

Pasco, WA 99301

and is open from 7:00 a.m. to 4:30 p.m., Monday through Thursday, and 7:00 a.m. to 12:00 p.m., Friday, except on legal holidays. College campuses are also located at the following addresses:

CBC Richland Health Science Center

891 Northgate Drive

Richland, WA 99352

Columbia Basin Access Center (CBAC)

1620 North 20th Avenue

Pasco, WA 99301

Sunhawk Hall Residence

2901 North 20th Avenue

Pasco, WA 99301

(3) Additional and detailed information concerning the educational offerings may be obtained from college website at www.columbiabasin.edu and at various locations including college libraries, admissions and the counseling office.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-05-015, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-05-015, filed 5/25/16, effective 6/25/16
• WSR 90-07-006, § 132S-05-015, filed 3/12/90, effective 4/12/90.

Wash. Admin. Code § 132S-05-025 Service of process.

To protect the interests of Columbia Basin College employees, all process servers (those attempting to deliver summonses, subpoenas, etc.) to employees should be directed to the human resources office on the Pasco campus. When the process server comes to the human resources office, they should be connected with the person to whom the papers are being served, if that person can be immediately located and is not instructing a class or performing other services at the time. If the person served is not immediately located, the papers will be left during usual business hours with the vice president for human resources & legal affairs or his or her executive assistant. If any of the above designees receives the papers from a process server, they will arrange a time and place for the individual being served to receive the legal documents in such a way as to minimize embarrassment and preserve confidentiality.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-05-025, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-05-025, filed 5/25/16, effective 6/25/16.

Chapter 132S-10 Public records.

Wash. Admin. Code § 132S-10-030 Authority and purpose.

(1) RCW 42.56.070(1) requires Columbia Basin College (college or agency) to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency.

(2) The purpose of these rules is to establish the procedures Columbia Basin College will follow in order to provide access to public records. These rules provide information to persons wishing to request access to public records of the college and establish processes for both requestors and college staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the act is to provide the public access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. In carrying out its responsibilities under the act, the college will be guided by the provisions of the act describing its purposes and interpretation.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-030, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-030, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-040 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. This definition does not include records that are not otherwise required to be retained by the college and are held by volunteers who:

(a) Do not serve in an administrative capacity;

(b) Have not been appointed by the college to a college board, commission, or internship; and

(c) Do not have a supervisory role or delegated college authority.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, 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) Relating to the conduct of government means to be a public record, a document must relate to the conduct of government or the performance of any governmental or proprietary function. Almost all records held by an agency relate to the conduct of government; however, some do not. A purely personal record having absolutely no relation to the conduct of government is not a public record. Even though a purely personal record might not be a public record, a record of its existence might be. For example, a record showing the existence of a purely personal email sent by an agency employee on an agency computer would probably be a public record, even if the contents of the email itself were not.

(4) Prepared, owned, used, or retained means a public record is a record prepared, owned, used, or retained by an agency. A record can be used by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process, it is a public record. For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a public record because the agency used the document in its decision-making process. The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a record to a third party for the sole purpose of avoiding disclosure.

(5) Identifiable record(s) means the public record request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by the college is not a valid request for identifiable records, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of the college's records.

(6) "Bot" request means a request for public records that the college reasonably believes was automatically generated by a computer program or script.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-040, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-040, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-050 Availability of public records.

(1) Hours for inspection of records. Once a request is processed, public records of Columbia Basin College are available for inspection or receipt of copies during normal business hours of the college, Monday through Thursday 7:00 a.m. to 4:30 p.m. and Friday 7:00 a.m. to 12:00 p.m., excluding legal holidays. Records must be inspected at the offices of the college's human resources office.

(2) Records index. An index of public records is available for use by members of the public. There may be exemptions that may prohibit the college from releasing certain documents. The index may be accessed online at www.columbiabasin.edu.

(3) Organization of records. Columbia Basin College will maintain its records in a reasonably organized manner. The college will take reasonable actions to protect records from damage and disorganization. A requestor shall not take the college's records from Columbia Basin College offices without the permission of the public records officer or designee. A variety of records are available on the Columbia Basin College website at www.columbiabasin.edu. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(4) The college shall not impose copying charges for access to or downloading of records that the college routinely posts on its public internet website prior to receipt of a request unless the requestor has specifically requested that the college provide copies of records through other means.

(5) Making a request for public records.

(a) Any person wishing to inspect or receive copies of public records of the college should make the request in person during the college's normal office hours, or in writing on the college's request form, or by letter, fax, or email addressed to the public records officer. While no official format is required for making a records request, the college recommends that the requestor submit requests using the college provided request form. The request form is available at the office of the public records officer and online at www.columbiabasin.edu. Regardless of format, the request must include the following information:

(i) Name of requestor;

(ii) Address of requestor;

(iii) Other contact information, including telephone number and any email address;

(iv) Identification of the public records must be for identifiable records; and

(v) The date and time of day of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to WAC 132S-10-080 the fee schedule lists the charges the college may charge for providing copies.

(c) The public records officer or designee may accept requests for public records that contain the information in this subsection (4) by telephone or in person. If the public records officer or designee accepts such a request, they will confirm receipt of the information and the substance of the request in writing.

(d) The act does not allow an agency to provide access to "lists of individuals requested for commercial purposes." RCW 42.56.070(9). The request form includes an inquiry of the requestor whether the request is for commercial purposes. Columbia Basin College may also require a requestor to sign a declaration attesting that the request is not for use for commercial purposes.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-050, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-050, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-060 Public records officer.

(1) Any person wishing to request access to public records of Columbia Basin College, or seeking assistance in making such a request should contact the public records officer of the college:

Vice President for

Human Resources & Legal Affairs

Columbia Basin College

2600 North 20th Avenue

Pasco, WA 99301

Phone: 509-542-5548

Fax: 509-544-2029

Email: hrclerk@columbiabasin.edu

Information is also available at the college's website at www.columbiabasin.edu.

(2) The public records officer will oversee compliance with the act but another college staff member may process requests. Therefore, these rules will refer to the public records officer or designee.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-20-025, s 132S-10-060, filed 9/23/25, effective 10/24/25. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-060, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-070 Requests for public records.

Both requestors and agencies have responsibilities under the act. The public records process can function properly only when both parties perform their respective responsibilities. An agency has a duty to promptly provide access to all nonexempt public records. A requestor has a duty to request identifiable records, inspect the assembled records or pay for the copies, and be respectful to agency staff.

(1) Providing "fullest assistance." Columbia Basin College is charged by statute with adopting rules which provide for how it will provide full access to public records, protect records from damage or disorganization, prevent excessive interference with other essential functions of the agency, provide fullest assistance to requestors, and provide the most timely possible action on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

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

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

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

(c) Provide a reasonable estimate of when records will be available; or

(d) Request clarification from the requestor by telephone or in writing if the request is unclear or does not sufficiently identify the requested records. To the greatest extent possible, the request for clarification will provide a reasonable estimate of the time required to respond to the request if it is not clarified. If the requestor fails to clarify the request, and the entire request is unclear, the public records officer need not respond to it. Otherwise, the public records officer must respond to those portions of the request that are clear. Once clarification is received, the public records officer or designee may revise the estimate of when records will be available; or

(e) Deny the request.

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

(4) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the college believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(5) Inspection of records.

(a) Consistent with other demands, the college shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents they wish the college to copy.

(b) The requestor must claim or review the assembled records within thirty days of the college's notification that the records are available for inspection or copying. The college will notify the requestor in writing of this requirement and inform the requestor to contact the college to make arrangements to claim or inspect the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the college may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(6) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying by college staff.

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

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

(9) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill the obligation to inspect the records or pays the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the college has closed the request.

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-10-070, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-070, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-070, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-080 Fee schedule for providing copies of public records.

(1) The fee schedule for providing copies under which the college may charge:

PRA Fee Schedule

(2) Customized service charge. In addition to the charge imposed for providing copies of public records and for equipment copying costs, the college may include a customized service charge. A customized service charge may only be imposed if the college estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the college for other college purposes. This charge may reimburse the college up to the actual cost of providing the services. The college will notify the requestor of the charge, explanation of why the charge applies, a description of the specific expertise and a reasonable estimate for the charge before the request is filled. The college will also provide the requestor the opportunity to amend the request in order to avoid or reduce the cost.

(3) Payment. Payment may be made by cash, check, or money order to Columbia Basin College, 2600 North 20th Avenue, Pasco, WA 99301.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-080, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-080, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-090 Exemptions.

(1) Public Records Act exemptions. There are a number of types of records exempt from public inspection and copying. The college reserves the right to determine that a public record requested in accordance with WAC 132S-10-070, or any portion thereof, is exempt under the Public Records Act.

(2) Other exemptions. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the college for inspection and copying. This is not an exhaustive list as numerous exemptions exist outside of the act to an academic setting. The college's failure to list an exemption here shall not affect the efficacy of any exemption.

(a) RCW 5.60.060 - Privileged communications;

(b) 20 U.S.C. 1232g - Family Educational Rights and Privacy Act (FERPA);

(c) 42 U.S.C. 405 (c)(2)(vii)(1) - Social Security numbers

(d) 45 C.F.R. 16-0164 – HIPPA privacy rule;

(e) Chapter 19.108 RCW and RCW 4.24.601 - Uniform Trades Secret Act; and

(f) Chapter 10.97 RCW - Regarding criminal history information.

(3) Identification of exemptions. A denial of any record, in whole or part, shall include a statement of the specific exemption(s) authorizing the withholding of the record (or portion thereof) and a brief explanation of how the exemption applies to the record of information withheld.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-090, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-090, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-10-100 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the president of Columbia Basin College or designee to conduct the review. The president or designee will immediately consider the petition and either affirm or reverse the denial within two business days following the college's receipt of the petition, or within such other time as the college and the requestor mutually agree to.

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

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. If the judicial review relates to whether the college provided a reasonable estimate of time or estimate of charges to produce copies, the Franklin county superior court may require the college to show that the estimate it provided was reasonable.

History

• Statutory Authority: RCW 25B.50.140 [28B.50.140], 2017 c 303, 2017 c 304 and chapter 42.56 RCW. WSR 17-23-180, § 132S-10-100, filed 11/21/17, effective 12/22/17. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-10-100, filed 5/25/16, effective 6/25/16.

Chapter 132S-20 Practice and procedure.

Wash. Admin. Code § 132S-20-001 Purpose.

The purpose of this chapter is to provide process for brief and full adjudicative procedure hearings.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-001, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-001, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-025 Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at the Columbia Basin College. These 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 the college shall govern.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-025, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-025, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-035 Brief adjudicative procedures.

This rule adopts the provision of RCW 34.05.482 through 34.05.494. Brief adjudicative procedures may be used in all appeals related to:

(1) Residency determination. Appeals of residency determination under RCW 28B.15.013 are brief adjudicative proceedings conducted by the vice president for student services;

(2) Outstanding debts of college employees or students;

(3) Loss of eligibility to participate in athletic events;

(4) Contents of educational records;

(5) Federal financial aid appeals as provided by federal law;

(6) Disciplinary actions as provided in chapter 132S-100 WAC, Student code of conduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-035, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-035, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-043 Full adjudicative proceedings.

This rule adopts the provisions of RCW 34.05.413 through 34.05.476 full adjudicative procedures are used in any proceeding in which such procedures are required pursuant to college policies, rules, or regulations.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-043, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-20-045 Appointment of presiding officers.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-045, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-045, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-055 Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing and should be submitted within twenty-one calendar days of the college action giving rise to the application, unless provided for otherwise by statute or rule at Columbia Basin College, 2600 N. 20th Avenue, Pasco, Washington 99301.

An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, the applicable statutes regarding rules, and an explanation of the facts involved. The procedures in applicable collective bargaining agreements between the college and representative union in effect and governing the matter will supersede these proceedings.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-055, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-055, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-065 Discovery.

Discovery, including investigation in adjudicative proceeding, 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.

Prehearing conferences. Where an adjudicative procedure includes a hearing, prehearing conferences or other conferences may be held at the discretion of the presiding officer, or pursuant to a motion by either of the parties for a prehearing conference for the settlement or simplification of issues. The prehearing conference may be conducted by telephone, television, or other electronic means, at the discretion of the presiding officer and where the rights of the parties will not be prejudiced. Each participant in the conference shall have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-065, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-065, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-075 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 16-12-039, § 132S-20-075, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-085 Recording devices.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed, except for the method of official recording by the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-20-085, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-20-085, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-095 Procedure for closing parts of the hearing.

The hearing is open to public observation, except as determined by the presiding officer. The presiding officer shall have the authority to close all or part of the proceeding to public observation or impose reasonable conditions upon observation of the proceeding. The presiding officer may also close the proceeding under provision of law expressly authorizing closure or under a protective order entered by the presiding officer. A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed and state the reasons therefore in writing within twenty days of receiving the request.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-095, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-20-105 Process for excluding witnesses.

A party may apply for an order excluding witnesses for good cause. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine and may order, upon a showing of good cause, which, if any, witnesses should be excluded and state the reasons therefore in writing within twenty days of receiving the request.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-105, filed 5/25/16, effective 6/25/16.

Chapter 132S-90 Student rights, responsibilities and student status.

Wash. Admin. Code § 132S-90-010 Student rights.

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

Academic freedom.

(1) Students have the right to pursue educational objectives from among the college's curricula, programs, and services subject to the provisions of this chapter.

(2) Students have the right to a learning environment that is free from unlawful and/or discriminatory actions.

(3) Students have the right to present their own views, even though they may differ from those held by faculty members, and will not be subject to adverse action by faculty when such views are expressed in a manner that does not interfere with the rights of others.

(4) Students are protected from academic evaluations which are arbitrary, prejudiced, or capricious.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-010, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-020 Student responsibilities.

Students who choose to attend Columbia Basin College also choose to participate actively in the learning process offered by the college. The college is responsible for providing its students with an educational environment that includes resources used by students to attain their educational goals. In return each student is responsible to:

(1) Participate actively in the learning process, both in and out of the classroom;

(2) Seek timely assistance in meeting educational goals;

(3) Attend all class sessions;

(4) Prepare adequately to participate fully in class activities;

(5) Meet the standards of academic performance established by each instructor;

(6) Develop skills required for learning; e.g., basic skills, time management, and study skills;

(7) Assume final authority for the selection of appropriate educational goals;

(8) Select courses appropriate for meeting chosen educational goals;

(9) Make appropriate use of services and resources;

(10) Contribute towards improving the college;

(11) Become knowledgeable of and adhere to the college's policies, practices, and procedures;

(12) Meet financial obligations to the college for outstanding tuition, fees, fines or other debts;

(13) Abide by the standards set forth in the student code of conduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-020, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-030 Admissions and registration procedures.

Columbia Basin College maintains an open door admission policy and grants admission to applicants who are at least eighteen years of age and/or have graduated from high schools accredited by a regional accrediting association or have a GED certificate. Home school graduates and graduates from nonaccredited high schools are required to petition for admissions through the admissions/graduation committee. For further information regarding the petition process, contact the student records office.

Applicants who are less than sixteen years of age and/or do not meet CBC admission requirements must petition for admissions through the admissions/graduation committee. For further information regarding the petition process, contact the student records office.

Admission to CBC does not guarantee admission to all degree or certificate programs. Some programs have special applications and admission procedures and limited entry dates. Students should consult the individual program and/or department for admission requirements.

Admissions and registration regulations and procedures for students wishing to attend Columbia Basin College are published in the college catalog. Copies of the catalog are available online at www.columbiabasin.edu. Questions and inquires about admission and registration regulations and procedures should be directed to the student records office or the college registrar.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-030, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-040 Deadlines and due dates.

Deadlines and due dates for students attending and wishing to attend Columbia Basin College are published in the college yearly catalog and quarterly schedules. Copies of the catalog and schedule are available online at www.columbiabasin.edu. Questions and inquires about deadlines and due dates should be directed to the appropriate college administrator.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-040, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-050 Graduation submissions.

(1) Candidates for degrees, certificates, and diplomas are advised to meet with their advisor at least two quarters prior to the anticipated completion date to review degree progress and to ensure graduation requirements will be met.

(2) Students must formally apply for graduation the quarter prior to completing all degree, certificate or diploma requirements. Graduation applications for transfer degrees are available from a counselor or completion coach in the counseling and advising center. Graduation applications for the associate in applied science degrees and certificates are available from program department advisors. Students may graduate at the end of any quarter.

(3) To be approved for graduation, a student must:

(a) Complete all degree/certificate program requirements. No one course can fulfill two distribution requirements within a degree.

(b) Complete at least one-third of the credits required for a degree or certificate in residence at CBC.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-050, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-060 Residency.

(1) A resident student is one who is a U.S. citizen and has met specific requirements demonstrating permanent residence in the state of Washington. Permanent residence in the state of Washington is evidenced by physical presence in the state as well as having a sufficient number of permanent Washington documents. Documentation should be dated one year and one day prior to the commencement of the quarter for which a student is applying for residency status. These documents include:

(a) Voter's registration;

(b) Washington state driver's license;

(c) Car registration;

(d) Bank accounts;

(e) Federal tax return (required).

(2) Students wishing to change their residency classification must complete a residency questionnaire and provide necessary documentation. Application for reclassification prior to registration into classes is preferred. Residency reclassification must take place within thirty calendar days of the first day of the quarter. Special tuition allowances may apply to some eligible noncitizens, Washington higher education employees, and to military personnel and their dependents stationed in the state of Washington. For further information, contact the student records office.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-060, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-90-070 Outstanding financial obligations, withholding of services and informal appeal.

(1) Outstanding financial obligations.

The college expects that students who receive services for which a financial obligation is incurred will exercise responsibility in meeting those obligations as stated in WAC 132S-90-020(12). Appropriate college staff are empowered to act in accordance with regularly adopted procedures to carry out the intent of this regulation, and if necessary to initiate legal action to ensure that collection matters are brought to a timely and satisfactory conclusion.

To the extent permitted by law, in response to a student or former student's failure to pay a debt owed to the college, the college may:

(a) Initiate collection action;

(b) Make collections from funds received from or on behalf of a student;

(c) Deny or withhold admission to or registration with the college, conferral of degrees or certificates, and/or issuance of academic transcripts;

(d) Refer the matter for discipline under chapter 132S-100 WAC;

(e) Deny any other provisions or other services, including refunds.

(2) Withholding services for outstanding debts. Upon receipt of a request for services where there is an outstanding debt owed to the college from the requesting person, the college shall notify the student by the most expedient means that the services will not be provided since there is an outstanding debt, and further that until that debt is satisfied, no such services will be provided to the student. The notice shall include a statement that they have a right to an informal appeal before the debt review committee if they believe that no debt is owed. The notice shall state that the request for the informal appeal must be made to the president's office within twenty-one days from the date of notification. The informal appeal request must be in writing and must clearly state error(s) in fact or matter(s) in extenuation or mitigation which justifies the informal appeal. The informal appeal process excludes parking citation appeals heard by the citation review committee (basis for parking citation) or those waived by untimely filing, but includes appeals before the debt review committee on whether the debt(s) for parking citation(s) are owed.

(3) Appeal of decision to withhold services for outstanding debt(s).

The request may be for an in-person presentation of the appeal before the debt review committee or include a submission of a written appeal for review by the debt review committee.

Upon receipt by the president's office of a timely request for an informal appeal, the president or designee will designate three staff members and/or student(s) to a committee for the purpose of hearing or reviewing the informal appeal, depending on the request. The debt review committee will render a decision in writing within five business days of the hearing or review. If the outstanding debt is found to be owed by the student involved, services shall not be provided until the debt is paid or otherwise resolved. If the outstanding debt, and any resulting action taken under WAC 132S-90-070, is found to be an institutional error, steps will be taken to lift the restriction on services.

If the decision made by the debt review committee is not satisfactory to the student, they may file a more formal appeal through the brief adjudicative process in chapter 132S-20 WAC.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-90-070, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-90-070, filed 5/25/16, effective 6/25/16.

Chapter 132S-91 Loss of eligibility—Student athlete participation.

Wash. Admin. Code § 132S-91-010 Loss of eligibility—Student athletic participation.

(1) Grounds for ineligibility. Any student found to have violated chapter 69.41 RCW, which prohibits the unlawful sale, delivery or possession of prescription drugs, shall, after hearing, be disqualified from participation in any school-sponsored athletic events or activities.

(2) Initiation of ineligibility proceedings. The dean or designee shall have the authority to request commencement of athletic ineligibility proceedings whenever they have reasonable cause to believe that the student has violated chapter 69.41 RCW or has been advised that the student has been convicted of a crime involving the violation of chapter 69.41 RCW. The notice of the alleged violations and proposed suspension and the opportunity for a hearing shall be given to the student at least ten days before the hearing. A student convicted of violating chapter 69.41 RCW in a separate criminal proceeding may be given by the dean or designee an interim suspension pending final determination of any administrative proceeding held under these rules. Should the student desire not to go forward with the hearing, the disqualification for participation in athletic events or activities shall be imposed as set forth in the notice of hearing to the student.

(3) Ineligibility proceedings. The president of the college or designee shall select a presiding officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The presiding officer shall promptly conduct the hearing and permit the affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, currently RCW 34.05.482 through 34.05.494. A written decision shall be issued within ten calendar days of the conclusion of the brief adjudicative hearing.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-91-010, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-91-010, filed 5/25/16, effective 6/25/16.

Chapter 132S-92 Family Educational Rights and Privacy Act.

Wash. Admin. Code § 132S-92-010 The Family Educational Rights and Privacy Act.

FERPA policy and procedures are published yearly in the college catalog. Copies of the catalog are available online at www.columbiabasin.edu. Questions and inquiries about FERPA policy and procedures should be directed to the college registrar.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-92-010, filed 5/25/16, effective 6/25/16.

Chapter 132S-100 Student code of conduct.

Wash. Admin. Code § 132S-100-010 Preamble.

Columbia Basin College (herein referred to as "CBC" or "the college") is supportive of diversity among ideas, cultures, and student characteristics in the pursuit of advancing one's education. A responsibility to secure, respect, and protect such opportunities and conditions is shared by all members of the academic community.

As a member of this community, students are expected to uphold and be accountable for this student code of conduct both on and off campus, and acknowledge that the college has the authority to take disciplinary action when a student violates these policies.

As an agency of the state of Washington, CBC must respect and adhere to all laws established by local, state, and federal authorities. This student code of conduct has been developed to educate students and protect the welfare of the community.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-010, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-030 Definitions.

Advisor - A person of the complainant's or respondent's choosing who can accompany the complainant or respondent to any conduct related meeting or proceeding.

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

Board of trustees - The board of trustees of Community College District No. 19, state of Washington.

Bullying - Physical or verbal abuse, repeated over time, and involving a power imbalance between the aggressor and victim.

Business day - A weekday, excluding weekends and college holidays.

College - Columbia Basin College, established within Community College District No. 19, state of Washington.

College facilities - Any and all real property controlled or operated by the college, including all buildings and appurtenances affixed thereon or attached thereto.

College premises - All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college, including adjacent streets and sidewalks.

Complainant - A person who reports that a violation of CBC policy including this student code of conduct has occurred towards themselves, another person, a group of people, or college property. Complainant shall mean the same as claimant or other such term(s) meeting this definition as used in other college policies and procedures.

Complaint - A description of facts that allege a violation of student code of conduct or other college policy.

Conduct review officer - Also referred to as the "CRO." A college administrator designated by the president who is responsible for reviewing or referring appeals of student disciplinary actions as specified in this code.

Consent - Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon activity, including sexual activity. A person cannot consent to sexual activity if they are not of legal age, unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual activity.

Cyberstalking, cyberbullying, and online harassment - The prohibited behavior of stalking, bullying, and/or harassment through the use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, which harms, threatens, or is reasonably perceived as threatening the health or safety of another person.

Dating violence - Violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Disciplinary action - The process by which the student conduct officer imposes discipline against a student for a violation of the student code of conduct. A written or verbal warning is not disciplinary action.

Disciplinary appeal - The process by which an aggrieved party can appeal the discipline imposed or recommended by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or a dismissal from the college are heard by the student conduct committee. Appeals of all other disciplinary action shall be reviewed by the conduct review officer through brief adjudicative proceedings.

Discrimination - Unfavorable treatment of a person based on that person's membership or perceived membership in a protected class.

Domestic violence - Asserted violent misdemeanor and felony offenses or conduct committed by a current or former spouse, current or former cohabitant, a person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Filing - The process by which a document is officially delivered to a college official responsible for facilitating a disciplinary review. Unless otherwise provided, filing shall be accomplished by:

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

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

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

Force - Use of physical violence and/or threats, intimidation or coercion to overcome resistance or gain access or produce consent. Sexual activity that is forced is by definition nonconsensual. However, nonconsensual sexual activity is not by definition forced.

Harassment - Language or conduct by any means that is unwelcome, severe, persistent, or pervasive, and is of such a nature that it could reasonably be expected to create an intimidating, hostile or offensive environment, or has the purpose or effect of unreasonably causing a reasonable person substantial emotional distress or undermines their ability to work, study, or participate in their regular life activities or participate in the activities of the college.

Hazing - Acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to admission, initiation, joining, or any other group-affiliation activity.

Hostile environment - Any situation in which there is harassing conduct that could be based on protected class status and is sufficiently severe or pervasive, and is so objectively offensive that it has the effect of substantially limiting the person's ability to participate in or benefit from the college's educational and/or social programs.

Hostile environment sexual harassment - Occurs when sex- or gender-based conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of substantially limiting the ability of the person to participate in or benefit from the college's educational and/or social programs.

Instructional day - Any regularly scheduled instructional day designated in the academic year calendar, including summer quarter, as a day when classes are held or during final examination week. Saturdays and Sundays, and any full-day campus closures due to holidays or other circumstances are not regularly scheduled instructional days.

Nonconsensual sexual contact - Any intentional sexual touching, however slight, with any 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.

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

Policy - The written regulations of the college as found in, but not limited to, the student code of conduct and any other official regulation written or in electronic form.

Preponderance of the evidence - The standard of proof used with all student disciplinary matters at CBC that are within the jurisdiction of student code of conduct, which means that the amount of evidence must be at 51 percent or "more likely than not" before a student is found responsible for a violation.

Pregnancy or related conditions means:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation;

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

President - The president of the college. The president is authorized to:

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

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

Program or programs and activities - All operations of the college.

Protected class - Persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, or genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal.

Quid pro quo sexual harassment - Occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.

Relevant - Related to the allegations of sex discrimination under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged sex discrimination occurred.

Remedies - Measures provided to a complainant or other person whose equal access to the college's educational programs and activities has been limited or denied by sex discrimination. These measures are intended to restore or preserve that person's access to educational programs and activities after a determination that sex discrimination has occurred.

Respondent - A student who is alleged to have violated the student code of conduct.

Rules of the student conduct code - The rules contained herein as now exist or which may be hereafter amended.

Service or notification - The process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:

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

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

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

Sexual exploitation - Occurs when one person takes nonconsensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: Invasion of sexual privacy, engaging in voyeurism, nonconsensual video or audio taping of sexual activity; sexually based stalking and/or bullying.

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

Student - All persons taking courses at or through the college, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered a "student" for purposes of this chapter.

Student appeals board - Also referred to as the "SAB" or "appeals board." The SAB is a three member panel which uses the brief adjudicative process to review appeals of disciplinary actions that do not include sanctions of expulsion, suspension for more than 10 days, withholding or revocation of a degree, or loss of recognition of a student organization.

Student conduct board - Also referred to as the "SCB" is a four person panel which presides over cases that could result in a sanction of expulsion, suspension for more than 10 days, revocation of a degree, and/or loss of recognition of a student organization using the full adjudicative process pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

Student conduct officer - Also referred to as "conduct officer" and/or "SCO" is the person designated by the college president to be responsible for the administration of the student code of conduct or, in such person's absence, the acting SCO or other appointed designee. The SCO is authorized to delegate any and all of their responsibilities as may be reasonably necessary.

Student conduct meeting - The conduct meeting with the student conduct officer using the brief adjudicative process to determine responsibility for violations of the student code of conduct, which do not include sanctions of expulsion, suspension for more than 10 days, revocation of a degree, and/or loss of recognition of a student organization pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

Student employee - An individual who is both a student and an employee of the college. When a complainant or respondent is a student employee, the college must make a fact-specific inquiry to determine whether the individual's primary relationship with the college is to receive an education and whether any alleged violation to the student code of conduct including, but not limited to, sex-based harassment, occurred while the individual was performing employment-related work.

Student group - A student organization, athletic team, or living group including, but not limited to, student clubs and organizations, members of a class or student cohort, student performance groups, and student living groups within student housing.

Student organization - Any number of persons who have complied with the formal requirements for college recognition, such as clubs and associations, and are recognized by the college as such.

Supportive measures - Means reasonably available, individualized and appropriate, nonpunitive and nondisciplinary measures offered by the college to the complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of:

(a) Restoring or preserving a party's access to the college's educational program or activity, including measures that are designed to protect the safety of the parties or the college's educational environment; or providing support during the college's investigation and disciplinary procedures, or during any informal resolution process; or

(b) Supportive measures may include, but are not limited to: Counseling; extensions of deadline and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more parties; a leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.

Title IX coordinator - The administrator responsible for processing complaints of sex discrimination, including sex-based harassment, overseeing investigations and informal resolution processes, and coordinating supportive measures, in accordance with college policy.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-030, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-030, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-030, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-030, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-050 Statement of student rights.

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

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-050, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-100 Authority.

The CBC board of trustees, acting pursuant to RCW 28B.50.140, delegates to the president of the college, the authority to administer student disciplinary action. The president is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president for student services or their designee. Except in cases involving allegations of sex discrimination, including sex-based harassment, the student conduct officer, or delegate, shall serve as the principal investigator and administrator for alleged violations of this code.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-100, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-100, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-100, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-107 Statement of jurisdiction.

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

(a) On college premises;

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

(c) Off college premises, if in the judgment of the college, the conduct has an adverse impact on the college community, the pursuit of its objectives, or the ability of a student or staff to participate in the college's programs and activities.

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

(3) Students are responsible for their conduct from the time they gain admission to the college through the last day of enrollment or award of any degree or certificate, 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 enrollment.

(4) These standards shall apply to a student's conduct even if the student withdraws from college while a disciplinary matter is pending.

(5) The college has sole discretion, on a case-by-case basis, to determine whether the student code of conduct will be applied to conduct by students or student groups that occurs off campus.

(6) In addition to initiating disciplinary proceedings for violation of the student code of conduct, the college may refer any violation of federal, state, or local laws to civil and criminal disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-107, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-107, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-112 Good standing.

The award of a degree or certificate is conditioned upon the student's good standing in the college and satisfaction of all program requirements. "Good standing" means the student has resolved any unpaid fees, or acts of academic or behavioral misconduct, and has complied with all sanctions imposed as a result of any misconduct. CBC shall deny award of a degree or certificate if the student is dismissed from the college based on their misconduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-112, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-117 Composition of the student conduct board.

(1) The student conduct board shall consist of four members who shall be vice presidents, deans, or directors as designated by the college:

(a) One chairperson; and

(b) Three decision-making members.

(2) The student conduct board will serve as a standing committee until a final decision is made regarding the student conduct matter for which it was convened.

(3) Any student conduct board member who has a personal relationship with either party or any personal or other interest which would prevent a fair and impartial review and decision will be recused from the proceedings.

(4) The student conduct board members will be trained to conduct the full adjudicative process on an annual basis.

(5) The chairperson will preside at the disciplinary hearing and will provide administrative oversight through the hearing process, but will not participate in the deliberations of the decision-making members.

(6) The three decision-making members constitute a quorum of the student conduct board and may act accordingly.

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

(8) For cases involving allegations of sex discrimination, including sex-based harassment, members of the student conduct board must review training on serving impartially, avoiding prejudgment of facts at issue, conflicts of interest, and bias. The chairperson must also receive training on the student conduct process for sex discrimination cases, as well as the meaning and application of the term "relevant" in relation to questions and evidence, and the types of evidence that are impermissible, regardless of relevance in accordance with 34 C.F.R. §§ 106.45 and 106.46.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-117, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-117, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-117, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-123 Composition of the student appeals board.

The college will have a SAB composed of three members, appointed by the vice president for student services (VPSS) or designee, who will serve as a standing committee until a decision is made regarding the appeal of the student conduct matter for which it was convened. Any SAB member who has a personal relationship with either party or any personal or other interest which would prevent a fair and impartial review and decision will be recused from the proceedings. The three members of the SAB shall include only faculty and administrative exempt nonstudent college employees trained to conduct the brief adjudicative process. The chairperson will provide administrative oversight throughout the appeal process. The college may retain an advisor to the SAB including an assistant attorney general.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-123, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-127 Convening boards.

The VPSS will convene the members of the SCB or the SAB to adjudicate student code of conduct decisions. All board members will receive annual training in investigating and adjudicating student conduct matters in a manner that protects the safety and due process rights of the parties.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-127, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-130 Decisions.

All student conduct decisions are made using the preponderance of evidence standard of proof. These decisions become final after twenty-one days from the date of notification to the student unless a written appeal is filed prior to that final date. Decisions to document a complaint without sanction are not eligible for appeal. All decision notifications by the SCO, SCB, SAB, or president will include a statement of the decision, a summary of relevant facts upon which the decision was based, and the procedures for appealing that decision if applicable. The notification will be personally delivered, sent electronically to the student's CBC email address, or by mail to the student's most recent address on file with the college within twenty instructional days of the student conduct proceeding. Students are responsible for promptly notifying the college of changes to their mailing address. Decisions of findings or sanctions by the SCO which do not include sanctions of expulsion, suspension for more than ten days, withholding or revocation of a degree, or loss of recognition of a student organization may be appealed to the SAB. Decisions of findings or sanctions from the SCB may be appealed to the college president. Decisions made by the SAB and college president on appeals are final.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-130, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-130, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-202 Prohibited student conduct.

The attendance of a student at CBC is a voluntary entrance into the academic community. By such entrance, the student assumes obligations of performance and behavior reasonably imposed by the college relevant to its lawful missions, processes, and functions. It is the college's expectation that students will:

(1) Conduct themselves in a responsible manner;

(2) Comply with rules and regulations of the college and its departments;

(3) Respect the rights, privileges, and property of other members of the academic community;

(4) Maintain a high standard of integrity and honesty; and

(5) Not interfere with legitimate college business appropriate to the pursuit of educational goals.

The college may impose disciplinary sanctions against a student or a college-sponsored student organization, athletic team, or living group, who commits, attempts to commit, aid, abets, incites, encourages, or assists another person to commit, an act(s) of misconduct, which include, but are not limited to the policies outlined in this chapter.

Amnesty. To support each student's contribution to a safe and effective campus community, the college will not discipline reporting parties or witnesses for code of conduct violations that occur in connection with reported alleged violation unless the college determines the violation was egregious. Egregious violations include conduct that risked someone's health or safety, or involved plagiarism, cheating, or academic dishonesty. Students may be reluctant to report proscribed conduct when alcohol, drugs, or other intoxicants were involved. To encourage reporting, this amnesty provision applies to alcohol- and drug-related student violations.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-202, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-202, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-202, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-204 Abuse later in life.

(1) Neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or

(2) Domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and

(3) Does not include self-neglect.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-204, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-205 Abusive of others.

Assault, physical abuse, verbal abuse, threats, intimidation, or other conduct that harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property unless otherwise protected by law.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-205, filed 11/18/24, effective 12/19/24
• WSR 16-12-039, § 132S-100-205, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-208 Abuse of the student conduct process.

Abuse of the student conduct process which includes, but is not limited to:

(1) Failure to comply with any notice from a college official to appear for a meeting or hearing as part of the student conduct process.

(2) Willful falsification, distortion, or misrepresentation of information during the conduct process.

(3) Disruption or interference with the orderly conduct of a college conduct proceeding.

(4) Filing fraudulent charges or initiating a college conduct proceeding in bad faith.

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

(6) Attempting to influence the impartiality of a member of the college conduct process prior to, during, and/or after any college conduct proceeding.

(7) Harassment (written, verbal, or physical), retaliation, and/or intimidation of any person or persons involved in the conduct process prior to, during, or after any college conduct proceeding.

(8) Failure to comply with the sanction(s) imposed under the student code of conduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-208, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-208, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-210 Destroying or damaging property.

Intentional and/or reckless damage to or misuse of college-owned or controlled property, or the property of any person where such property is located within college owned or controlled premises or at college-sponsored functions.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-210, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-213 Discriminatory harassment.

(1) Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, not otherwise protected by law, that is directed at a person because of such person's protected status and that is sufficiently severe, persistent, or pervasive so as to:

(a) Limit the ability of a student to participate in or benefit from the college's educational and/or social programs and/or student housing.

(b) Alter the terms of an employee's employment; or

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

(2) Protected status includes a person's race; color; creed/religion; national origin; presence of any sensory, mental, or physical disability; use of a trained service animal; sex, including pregnancy; marital status; age; genetic information; sexual orientation; gender identity or expression; veteran or military status; HIV/AIDS and hepatitis C status; or membership in any other group protected by federal, state, or local law.

(3) Discriminatory harassment may be physical, verbal, or nonverbal conduct and may include written, social media, and electronic communications not otherwise protected by law.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-213, filed 11/18/24, effective 12/19/24
• WSR 16-12-039, § 132S-100-213, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-215 Disorderly conduct.

Includes, but is not limited to, the following:

(1) Obstruction of teaching, administration, or other college activities, including its public service function on- or off-campus, or of other authorized noncollege activities when the conduct occurs on college premises or at college-sponsored functions.

(2) Material and substantial interference with the personal rights or privileges of others or of the educational process of the college.

(3) Lewd or indecent conduct, breach of peace, or aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored, or participated in, by the college or members of the academic community.

(4) Unauthorized use of electronic or other devices to make an audio, photographic, digital or video recording of any person without their consent in a location where that person has a reasonable expectation of privacy. This includes, but is not limited to, covertly taking pictures of another person in a gym, locker room, or restroom. Storing, sharing, publishing, or otherwise distributing such recordings or images is also prohibited.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-215, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-215, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-220 Disruption or obstruction.

Disruption or obstruction of instruction, research, administration, disciplinary proceedings, or other college activity, including the obstruction of the free flow of pedestrian or vehicular movement on college premises or at a college activity, or any activity that is authorized to occur on college premises, whether or not actually conducted or sponsored by the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-220, filed 11/18/24, effective 12/19/24
• WSR 16-12-039, § 132S-100-220, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-224 Ethical violation.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-224, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-227 Cannabis, drug, and tobacco violations.

(1) Cannabis - The use, possession, growing, delivery, sale, or being visibly under the influence of cannabis or the psychoactive compounds found in cannabis and intended for human consumption, regardless of form, or the possession of cannabis paraphernalia on college premises or college-sponsored events. While state law permits the recreational use of cannabis, federal laws prohibits such use on college premises or in connection with college activities.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-227, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-227, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-230 Falsehoods and misrepresentations.

Includes the following:

(1) The intentional making of false statements and/or knowingly furnishing false information to any college official, faculty member, or office.

(2) Forgery, alteration, or misuse of any college document, record, fund, or instrument of identification with the intent to defraud.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-230, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-230, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-232 Harassment or bullying.

Conduct unrelated to a protected class that is unwelcome and sufficiently severe, persistent, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities.

(1) Harassing conduct may include, but is not limited to, physical, verbal, or nonverbal conduct, including written, social media, and electronic communications not otherwise protected by law.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-232, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-235 Hazing.

(1) Any act, described in Washington statute, RCW 28B.10.900 committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending the college, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Consent is not a valid defense against hazing.

(2) A person who witnesses hazing or has reasonable cause to believe hazing has occurred or will occur and makes a report in good faith may not be sanctioned or punished for violation of hazing unless the person is directly engaged in the planning, directing, or act of hazing reported.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-235, filed 11/18/24, effective 12/19/24
• WSR 22-20-013, § 132S-100-235, filed 9/22/22, effective 10/23/22
• WSR 20-03-046, § 132S-100-235, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-235, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-237 Indecent exposure.

The intentional or knowing exposure of a person's genitals or other private body parts when done in a place or manner in which such exposure is likely to cause affront or alarm. Breastfeeding or expressing breast milk is not indecent exposure.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-237, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-240 Insubordination.

Failure to comply with the direction of college officials, campus security officers, or law enforcement officers acting in the legitimate performance of their lawful duties and/or failure to properly identify oneself, provide evidence of student enrollment and/or proper identification to these persons when requested to do so.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-240, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-245 Alcohol.

(1) Use, possession, manufacture, or distribution of alcoholic beverages or paraphernalia except as a participant of legal age in a student program, banquet, or educational program which has the special written authorization of the college president or their designee to permit the service of alcoholic beverages.

(2) Public intoxication on college premises or at college-sponsored events.

(3) Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under the state alcohol legal drinking age.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-245, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-245, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-245, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-250 Misuse of electronic resources.

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

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

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

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

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-250, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-250, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-250, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-252 Property violation.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-252, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-254 Retaliation.

Harming, threatening, intimidating, coercing, or other adverse action taken against any individual for reporting, providing information, exercising one's rights or responsibilities, participating, or refusing to participate, in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or college policies.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-254, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-255 Safety violations.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-255, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-255, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-255, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-260 Sex discrimination.

The term "sex discrimination" includes sex-based harassment, and may occur when a respondent causes more than de minimus harm to an individual by treating them differently from a similarly situated individual on the basis of: Sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Conduct that prevents an individual from participating in an education program or activity consistent with the person's gender identity subjects a person to more than de minimis (insignificant) harm on the basis of sex.

(1) Sex-based harassment - "Sex-based harassment" is a form of sex discrimination and means sexual harassment or other harassment on the basis of sex, including the following conduct:

(a) Quid pro quo harassment - A student, employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct.

(b) Hostile environment - Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant's ability to access the college's education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties' ages, roles within the college's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sex-based harassment in the college's education program or activity.

(c) Sexual violence - "Sexual violence" includes nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, incest, statutory rape, domestic violence, dating violence, and stalking.

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

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

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

(iv) Statutory rape (rape of a child) is nonforcible sexual intercourse with a person who is under the statutory age of consent.

(v) Domestic violence is 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.

(vi) Dating violence is physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

(A) The length of the relationship;

(B) The type of relationship; and

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

(vii) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or to suffer substantial emotional distress.

(2) Consent - For purposes of this code, "consent" means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

(a) Each party has the responsibility to make certain that the other has consented before engaging in the activity.

(b) For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

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

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

(3) Title IX retaliation means intimidation, threats, coercion, or discrimination against any person by a student, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in a sex discrimination investigation, proceeding, or hearing including during an informal resolution process, during a Title IX investigation, or during any disciplinary proceeding involving allegations of sex discrimination.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-260, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-260, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-260, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-265 Theft.

The unauthorized taking or removing of college-owned or operated property or of another's property with the intent of depriving the owner of the property.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-265, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-273 Unauthorized access.

Unauthorized access includes, but is not limited to:

(1) Unauthorized possession, duplication, or other use of keys (including conventional keys, key cards, or passcodes) to any college premises;

(2) Unauthorized entry upon or use of college premises or property; or

(3) Providing keys to an unauthorized person or providing access to an unauthorized person.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-273, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-273, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-275 Weapons.

Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus and during college programming and activities, subject to the following exceptions:

(1) Commissioned law enforcement personnel or legally authorized military personnel while in performance of their official duties.

(2) Students with legally issued weapons permits may store their weapons in their vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view.

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

(4) Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-275, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-275, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-275, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-280 Academic dishonesty.

Any act of academic dishonesty, including:

(1) Cheating - Any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment.

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-280, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-280, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-280, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-285 Classroom misconduct.

Being disorderly or disruptive, where such behavior makes it difficult or impossible to continue with the normal functions of the class/program. Bringing any person or object to a teaching and learning environment that may disrupt the environment or cause a safety or health hazard, without the approval of the instructor or other authorized official, is expressly prohibited.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-285, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-290 Violation of law.

Conduct which would constitute a violation of any federal, state, or local law. When traveling abroad, international law will apply.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-290, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-293 Cyber misconduct.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-293, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-295 Violation of college policy, rule, or regulation.

Violation of any college policy, rule, or regulation published electronically on the college website or in hard copy.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-295, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-297 Creating a public nuisance in neighboring communities.

In furtherance of the college's interest in maintaining positive relationships with the community, the college shall hold students accountable under this conduct code for misconduct within any residential or commercial communities in the area. Conduct that is in violation of a state statute or municipal ordinance and has a direct quality of life impact on community residents or businesses including, but not limited to, creating a public nuisance due to noise, residential disturbance, intentional destruction of property, urinating in public, or criminal trespass.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-297, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-300 Responsibility for guests.

A student or student organization is responsible for the conduct of their invited guests, advisors and representatives on or in college owned or controlled property and at activities sponsored by the college or sponsored by any recognized college organization.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-300, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-300, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-305 Student clubs and organizations.

Any student club or organization shall comply with the student code of conduct. When a member or members of a student club or organization violates the student code of conduct, the members and/or individual member may be subject to appropriate sanctions authorized by this student code of conduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-100-305, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-310 Violation of law and college discipline.

College disciplinary proceedings may be used to determine responsibility of a student for conduct that potentially violates the criminal law and this student code (that is, if both alleged violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this student code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Determinations made or sanctions imposed under this student code of conduct will not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-310, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-310, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-400 Student conduct process.

(1) As an agency of the state of Washington, the college's SCO, SCB, SAB, or president may be advised or represented by an assistant attorney general in any student code of conduct proceeding.

(2) Initiation of disciplinary action.

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

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

(i) Sex discrimination, including sex-based harassment - The college's Title IX coordinator or designee shall review, process, and, if applicable, investigate complaints or other reports of sex discrimination, including sex-based harassment. Allegations of sex discrimination, including sex-based harassment, by a student shall be addressed through the student code of conduct. Allegations involving employees or third parties associated with the college will be handled in accordance with college policies.

(ii) Hazing by student groups - A student conduct officer, or designee, may review and investigate any complaint or allegation of hazing by a student group. A student group will be notified through its named officer(s) and address on file with the college. A student group may designate one representative who may speak on behalf of a student group during any investigation and/or disciplinary proceeding. A student group will have the rights of a respondent as set forth below.

(c) Investigations will be completed in a timely manner and the results of the investigation shall be referred to the student conduct officer for disciplinary action.

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

(i) Informal dispute resolution shall not be used to resolve sex-based harassment complaints without written permission from both the complainant and the respondent.

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

(e) If the student conduct officer has determined that a complaint has merit and if the matter is not resolved through agreement or informal dispute resolution, the student conduct officer may initiate disciplinary action against the respondent.

(f) Both the respondent and the complainant in cases involving allegations of sex discrimination shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the disciplinary process and to appeal any disciplinary decision.

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

(h) The student conduct officer shall initiate disciplinary action by serving the respondent with written notice directing him or her to attend a disciplinary meeting. The notice shall briefly describe the factual allegations, the provision(s) of the student code of conduct the respondent is alleged to have violated, the range of possible sanctions for the alleged violation(s), and specify the time and location of the meeting.

(i) At the meeting, the student conduct officer will present the allegation to the respondent and the respondent shall be afforded an opportunity to explain what took place. If the respondent fails to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based upon the available information.

(j) Within 10 calendar days of the initial disciplinary meeting, and after considering the evidence in the case, including any facts or argument presented by the respondent, the student conduct officer shall serve the respondent with a written decision setting forth the facts and conclusions supporting their decision, the specific student code of conduct provisions found to have been violated, the discipline imposed (if any), and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. This period may be extended at the sole discretion of the student conduct officer, if additional information is necessary to reach a determination. The student conduct officer will notify the parties of any extension period and the reason therefore.

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

(i) Exonerate the respondent and terminate the proceedings;

(ii) Impose a disciplinary sanction(s), with or without conditions, as describe in WAC 132S-100-XXX; or

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

(l) In cases involving allegations of sex discrimination, the student conduct officer shall review the investigation report provided by the Title IX coordinator, and determine whether, by the preponderance of the evidence, there was a violation of the student code of conduct; and if so, what disciplinary sanction(s) and/or remedies will be recommended. The student conduct officer shall, within five business days of receiving the investigation report, serve respondent, complainant, and the Title IX coordinator with a written recommendation, setting forth the facts and conclusions supporting their recommendation. The time for serving a written recommendation may be extended by the student conduct officer for good cause.

(i) The complainant and respondent may either accept the student conduct officer's recommended disciplinary sanction(s) or request a hearing before the student conduct board.

(ii) The complainant and respondent shall have 21 calendar days from the date of the written recommendation to request a hearing before a student conduct board.

(iii) The request for a hearing may be verbal or written, but must be clearly communicated to the student conduct officer.

(iv) The student conduct officer shall promptly notify the other party of the request.

(v) In cases involving sex discrimination, the student conduct officer may recommend dismissal of the complaint if:

(A) The college is unable to identify respondent after taking reasonable steps to do so;

(B) Respondent is not participating in the College's educational programs or activities;

(C) The complainant has voluntarily withdrawn any or all of the allegations in the complaint, and the Title IX coordinator has declined to initiate their own complaint;

(D) The college determines that, even if proven, the conduct alleged by the complainant would not constitute sex discrimination; or

(E) The conduct alleged by the complainant falls outside the college's disciplinary jurisdiction.

(vi) In cases involving allegations of sex-based harassment, the college must obtain the complainant's voluntary withdrawal in writing before the matter can be dismissed.

(vii) If no request for a full hearing is provided to the student conduct officer, the student conduct officer's written recommendation shall be final and implemented immediately following the expiration of 21 calendar days from the date of the written recommendation.

(viii) Upon receipt of the student conduct officer's written recommendation, the Title IX coordinator or their designee shall review all supportive measures and, within five business days, provide written direction to the complainant and respondent as to any supportive measures that will be implemented, continued, modified, or terminated. If either party is dissatisfied with the supportive measures, the party may seek review in accordance with the college's Title IX investigation procedure.

(ix) If the respondent is found responsible for engaging in sex discrimination, the Title IX coordinator shall also take prompt steps to coordinate and implement any necessary remedies to ensure that sex discrimination does not recur and that the complainant has equal access to the college's programs and activities.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-400, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-400, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-400, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-400, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-100-407 Appeal from disciplinary action.

(1) Except as specified for cases involving allegations of sex discrimination, as set forth in WAC 132S-100-400, the respondent may appeal a disciplinary action by filing a written notice of appeal with the student conduct officer within 21 calendar days of service of the student conduct officer's decision. Failure to timely file a notice of appeal constitutes a waiver of the right to appeal and the student conduct officer's decision shall be deemed final.

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

(3) The parties to an appeal shall be the respondent, complainant (if any), and the student conduct officer.

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

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

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

(7) A student appeals board (SAB) shall conduct a brief adjudicative proceedings for appeals of:

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation;

(c) Written reprimands; and

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

(8) The conduct review officer shall hear appeals from:

(a) Disciplinary suspensions in excess of 10 instructional days;

(b) Dismissals;

(c) Sex discrimination, including sex-based harassment cases; and

(d) Disciplinary cases referred to the conduct review officer by the student conduct officer or student conduct board.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-407, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-407, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-407, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-413 Full adjudicative process.

The student conduct board will use the following full adjudicative process to determine responsibility for serious violations which include sanctions of suspension for more than 10 days, expulsion, withholding or revocation of a degree, or loss of recognition of a student organization.

(1) Prehearing.

(a) Proceedings of the student conduct board shall be governed by the Administrative Procedure Act, chapter 34.05 RCW.

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

(i) A copy of the student code of conduct;

(ii) The basis for jurisdiction;

(iii) The alleged violation(s);

(iv) A summary of facts underlying the allegations;

(v) The range of possible sanctions that may be imposed; and

(vi) A statement that retaliation is prohibited.

(c) The chairperson 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.

(d) Upon request filed at least five calendar days before the hearing by any party or at the direction of the chairperson, the parties shall exchange, no later than the third day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present to the student conduct board. 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.

(e) The chairperson may provide to the student conduct board members in advance of the hearing copies of:

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

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

(f) The parties may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the student conduct board chairperson may provide copies of these admissible exhibits to the student conduct board members before the hearing.

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

(h) In cases heard by the student conduct board, each party may be accompanied at the hearing by an advisor of their choice, which may be an attorney retained at the party's expense.

(i) The student conduct board will ordinarily be advised by an assistant attorney general or their designee. If the respondent and/or the complainant is represented by an attorney, the student conduct officer may be represented by an assistant attorney general.

(j) Attorneys for students must file a notice of appearance with the student conduct board chairperson at least four business days before the hearing. Failure to do so may, at the discretion of the student conduct board chairperson, result in a waiver of the attorney's ability to represent the student at the hearing, although an attorney may still serve as an advisor to the student.

(k) In cases involving allegations of sex discrimination, the complainant has a right to participate equally in any part of the disciplinary process, including appeals. Respondent and complainant both have the following rights:

(i) Notice - The college must provide a notice that includes all information required in subsection (2) of this section, and a statement that the parties are entitled to an equal opportunity to access relevant and permissible evidence, or a description of the evidence upon request.

(ii) Advisors - The complainant and respondent are both entitled to have an advisor present, who may be an attorney retained at the party's expense.

(iii) Extension of time - The chairperson may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date, in accordance with the procedures set forth in (l)(ii) of this subsection.

(iv) Evidence - In advance of the hearing, the student conduct officer shall provide reasonable assistance to the respondent and the complainant in accessing and reviewing the investigative report and relevant and not otherwise impermissible evidence that is within the college's control.

(v) Confidentiality - The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer or student conduct board chairperson pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

(l) In cases involving allegations of sex-based harassment, the following additional procedures apply:

(i) Notice - In addition to all information required in subsection (2) of this section, the notice must also inform the parties that:

(A) The respondent is presumed not responsible for the alleged sex-based harassment;

(B) The parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision maker;

(C) They may have an advisor of their choice, who may be an attorney, to assist them during the hearing;

(D) They are entitled to an equal opportunity to access relevant and not otherwise impermissible evidence in advance of the hearing; and

(E) The student code of conduct prohibits knowingly making false statements or knowingly submitting false information during a student conduct proceeding.

(ii) Extension of time - The chairperson may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date. The party requesting an extension must do so no later than 48 hours before any date specified in the notice of hearing or by the chairperson in any prehearing conference. The written request must be served simultaneously by email to all parties and the chairperson. Any party may respond and object to the request for an extension of time no later than 24 hours after service of the request for an extension. The chairperson will serve a written decision upon all parties, to include the reasons for granting and denying any request. The chairperson's decision shall be final. In exceptional circumstances, for good cause shown, the chairperson may, in their sole discretion, grant extensions of time that are made less than 48 hours before any deadline.

(iii) Advisors - The college shall provide an advisor to the respondent and any complainant, if the respondent or complainant have not otherwise identified an advisor to assist during the hearing.

(iv) Evidence - In advance of the hearing, the student conduct officer shall provide reasonable assistance to the respondent and complainant in accessing and reviewing the investigative report and relevant and not otherwise impermissible evidence that is within the college's control.

(v) Confidentiality - The college shall take reasonable steps to prevent the unauthorized disclosure of information obtained by a party solely through the disciplinary process, which may include, but are not limited to, directives by the student conduct officer or chairperson issuing directives pertaining to the dissemination, disclosure, or access to evidence outside the context of the disciplinary hearing.

(vi) Separate locations - The chairperson may, or upon the request of any party, must conduct the hearing with the parties physically present in separate locations, with technology enabling the student conduct board and parties to simultaneously see and hear the party or the witness while that person is speaking.

(vii) Withdrawal of complaint - If a complainant wants to voluntarily withdraw a complaint, they must provide notice to the college in writing before a case can be dismissed.

(2) Presentation of evidence.

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

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

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

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

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

(d) The chairperson shall preside at the hearing and decide procedural questions that arise during the hearing, except as overridden by majority vote of the student conduct board.

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

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

(g) In cases involving allegations of sex-based harassment, the complainant and respondent may not directly question one another or other witnesses. In such circumstances, the chairperson will determine whether questions will be submitted to the chairperson, who will then ask questions of the parties and witnesses, or allow questions to be asked directly of any party or witnesses by a party's attorney or advisor. The chairperson may revise this process if, in the chairperson's determination, the questioning by any party, attorney, or advisor, becomes contentious or harassing.

(i) Prior to any questions being posed to a party or witness, the chairperson must determine whether the question is relevant and not otherwise impermissible; and must explain any decision to exclude a question that is deemed not relevant, or is otherwise impermissible. The chairperson will retain for the record copies of any written questions provided by any party.

(ii) The chairperson must not permit questions that are unclear or harassing; but shall give the party an opportunity to clarify or revise such a question.

(iii) The chairperson shall exclude and the student conduct board shall not consider legally privileged information unless the individual holding the privilege has waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(A) Spousal/domestic partner privilege;

(B) Attorney-client communications and attorney work product privilege;

(C) Clergy privileges;

(D) Medical or mental health providers and counselor privileges;

(E) Sexual assault and domestic violence advocate privileges; and

(F) Other legal privileges set forth in RCW 5.60.060 or federal law.

(iv) The chairperson shall exclude and the student conduct board shall not consider questions or evidence that relate to the complainant's sexual interests or prior sexual conduct, unless such question or evidence is offered to prove someone other than the respondent committed the alleged conduct, or is evidence of specific instances of prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

(v) The student conduct board may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The student conduct board must not draw an inference about whether sex-based harassment occurred based solely on a party's or witness's refusal to respond to such questions.

(h) Except in cases involving allegations of sex-based harassment, the chairperson has the discretion to determine whether a respondent may directly question any witnesses; and if not, to determine whether questions must be submitted to the chairperson to be asked of the witnesses, or to allow questions to be asked by an attorney or advisor for the respondent.

(3) Initial decision.

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

(b) Within 20 calendar days following the conclusion of the hearing or the student conduct board's receipt of closing arguments, the student conduct board shall issue a decision in accordance with RCW 34.05.461 and WAC 10-08-210. The decision shall include findings on all material issues of fact and conclusions on all material issues of law, including which, if any, provisions of the student code of conduct were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified and explained.

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

(d) The chairperson shall cause copies of its decision to be served on the parties and their attorney, if any. The notice will inform all parties of their appeal rights. The chairperson shall also promptly transmit a copy of the decision and the record of the student conduct board's proceedings to the president.

(e) In cases involving sex-based harassment, the initial decision shall be served on all parties simultaneously, as well as the Title IX coordinator.

(4) Review of initial decision.

(a) Any party, including a complainant in sex-based harassment cases, may appeal the student conduct board's decision to the president by filing a written appeal with the president's office within 21 calendar days of service of the student conduct board's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

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

(i) Procedural irregularity that would change the outcome;

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

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

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

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

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

(f) In cases involving allegations of sex-based harassment, the president's decision must be served simultaneously on the complainant, respondent, and Title IX coordinator.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-413, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-413, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-413, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-417 Brief adjudicative process.

(1) Initial hearing.

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

(b) The parties to a brief adjudicative proceeding are the respondent and the student conduct officer. Before taking action, the conduct review officer shall conduct an informal hearing and provide each party:

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

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

(c) The conduct review officer shall serve as initial decision upon the respondent and the student conduct officer within 10 calendar days of consideration of the appeal. The initial decision shall contain a brief written statement of the reasons for the decision and information about how to seek administrative review of the initial decision. If no request for review is filed within 21 calendar days of service of the initial decision, the initial decision shall be deemed the final decision.

(d) If the conduct review officer upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension in excess of 10 instructional days or expulsion, the matter shall be referred to the student conduct board for a disciplinary hearing.

(2) Review of an initial decision.

(a) An initial decision is subject to review by the president, provided a party files a written request for review with the conduct review officer within 21 calendar days of service of the initial decision.

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

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

(d) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 20 calendar days of the initial decision or of the request for review, whichever is later. The decision on review will contain a notice that judicial review may be available. A request for review may be deemed to have been denied if the president does not make a disposition of the matter within 20 calendar days after the request is submitted.

(e) If the president upon review determines that the respondent's conduct may warrant imposition of a disciplinary suspension of more than 10 instructional days or expulsion, the matter shall be referred to the student conduct board for a disciplinary hearing.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-417, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-417, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-417, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-423 Academic dishonesty process.

(1) The class instructor is responsible for handling each case of academic dishonesty in the classroom and for determining a penalty grade as outlined in the course syllabus.

(2) If, within the instructor's professional judgment, reasonable evidence would suggest that a student engaged in academic dishonesty, the instructor will provide notice to the student, either written or verbal, of their assertion of academic dishonesty and of the academic penalty grade within thirty instructional days of the occurrence or when the instructor is made aware of the occurrence.

(3) The instructor will submit a report to the SCO of the assertion of academic dishonesty, the explanation of the notice or actual notice given to the student and a copy of all relevant evidence. The instructor may request that the incident only be documented with the SCO, or refer the matter for disciplinary action. If the student has a previous academic dishonesty record, the SCO may choose to move forward with the disciplinary process without an instructor's request.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-423, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-427 Classroom conduct.

Instructors have the authority to take appropriate action to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course. An instructor may exclude a student from any single class/program session during which the student is currently being so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum. The instructor will report any such exclusion from the class/program session to the SCO. The SCO may initiate disciplinary action under the student code of conduct.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-427, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-433 Sexual misconduct procedures.

(1) Any reports of sexual misconduct will be forwarded to the college's Title IX coordinator or designee for review and investigation in accordance with the college's Title IX grievance policy and procedure or nondiscrimination and harassment policy and grievance procedure, as applicable.

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

(3) Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in the disciplinary process, to simultaneously receive notifications, and to appeal the finding and/or sanction.

(4) Notification of the results of the investigation or disciplinary action, if any, will be personally delivered, sent electronically to the student's CBC email address, or sent by mail to the most recent address in the student's record on file with the college.

(5) In the event of conflict between the Title IX grievance policy and procedure or the nondiscrimination and harassment policy and grievance procedure and the student code of conduct, the Title IX grievance policy and procedure or nondiscrimination and harassment policy and grievance procedure, as applicable, shall govern.

(6) All college employees who coordinate, investigate, or adjudicate issues involving sexual misconduct shall receive annual training as required by law, including training on domestic violence, dating violence, sexual assault, stalking and investigation and adjudication processes that protect the safety and due process rights of the parties.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-433, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-433, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-437 Sexual misconduct appeal procedures.

(1) A party may appeal a sexual misconduct disciplinary decision for review according to the procedures as stated in this code of conduct by filing a written request for appeal with the office of the VPSS within twenty-one days of the notification of the disciplinary decision.

(2) The college shall notify the other party of the appeal and provide that party an opportunity to respond to the appeal.

(3) Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall become final.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-437, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-440 Corrective action, disciplinary sanctions, terms and conditions.

(1) One or more of the following corrective actions or disciplinary sanctions may be imposed upon a student or upon college-sponsored student organizations, athletic teams, or living groups found responsible for violating the student code of conduct.

(a) Warning - A verbal or written statement to a student that there is a violation and that continued violation may be cause for disciplinary action. Warnings are corrective actions, not disciplinary, and may not be appealed.

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

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

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

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

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

(a) Education - Participation in or successful completion of an educational assignment designed to create an awareness of the student's misconduct.

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

(c) Not in good standing - A student deemed "not in good standing" with the college 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) No contact directive - An order directing a student to have no contact with a specified student, college employee, a member of the college community, or a particular college facility.

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-440, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-440, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-442 Hazing sanctions.

(1) 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.

(2) 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.

(3) Any student group that knowingly permits 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.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-442, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-444 Summary suspension.

(1) Summary suspension is a temporary exclusion specified college premises or denial of access to all activities or privileges for which a respondent might otherwise be eligible, while an investigation and/or formal disciplinary procedures are pending.

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

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

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

(c) Poses an ongoing threat of substantial disruption of, or interference with, the operations of the college.

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

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

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

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

(c) The conditions, if any, under which the respondent may physically access the campus or communicate with members of the campus community. If the respondent has been trespassed from the campus, a notice against trespass shall be included warning respondent that their privileges to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

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

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-444, filed 11/18/24, effective 12/19/24.

Wash. Admin. Code § 132S-100-445 Interim measures.

(1) Interim measures may be taken pending an investigation or adjudication if there is cause to believe that a student or student organization poses an imminent risk of harm to anyone in the college community, or to property, or if the misconduct is so severe, persistent, or pervasive as to substantially disrupt or materially interfere with the college's operations and/or activities or with an individual's education/work activities. Interim measures may include counseling, extensions of time or other course-related adjustments, modifications of class schedules, campus escort services, restrictions on contact between the parties, increased security and monitoring of certain areas of campus, restrictions on access to college owned or operated property and/or events (notice of trespass), including classes, activities and privileges, or any similar measures while the conduct process is pending.

(2) The student must adhere to the conditions of the interim restriction. If an interim restriction includes campus wide restricted access, the SCO may provide written permission for the student to enter campus for specific purposes such as meeting with the SCO or designee, faculty, staff or witnesses to prepare for an appeal, or to participate in the student conduct process.

(3) Notice of interim measure. The student will be provided written notice of the interim measure(s), stating:

(a) The time, date, place, and nature of the circumstances which created the need for interim measures.

(b) A description of any relevant evidence.

(c) The interim measure.

(d) The possible sanctions that could result from violation of the interim measure including arrest for criminal trespass if the student has been trespassed from campus.

(e) The student's right to either accept the interim measure or submit a written appeal of the interim measure within three instructional days to the office of VPSS. An appeal is waived if not submitted within the prescribed time. If the student timely appeals, the interim measure shall remain in place during the appeal process. The VPSS will provide written notification to the student of the decision to either maintain or discontinue the interim measure within five instructional days of receipt of the appeal.

(f) If the student has been trespassed from the campus, a notice against trespass shall be included that warns the student that their privilege to enter into or remain on college premises has been withdrawn, that they shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the SCO as arranged by an appointment, or to attend a disciplinary hearing. The interim measure shall not replace the regular discipline process, which shall proceed as quickly as feasible in light of the interim restriction.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-066, s 132S-100-445, filed 11/18/24, effective 12/19/24
• WSR 20-03-046, § 132S-100-445, filed 1/9/20, effective 2/9/20.

Wash. Admin. Code § 132S-100-500 Records of disciplinary action.

(1) Records of all disciplinary actions will become part of the student's disciplinary record and kept by the office of the SCO. Disciplinary records are "education records" as defined by FERPA and shall be maintained and disclosed consistent with FERPA and the college's educational records retention policies. All documentation of the student conduct proceedings will be preserved for at least seven years, except in decisions where no violation(s) of the student code of conduct was found. In such cases, only a record of the finding of no violation shall be maintained in the student's file or other college repository after the date of the student's graduation or award of a degree or certificate or for one calendar year, whichever is shorter. All records of expulsion will be kept for twenty-five years from the date of the decision.

(2) The office of the SCO will keep accurate records of all disciplinary actions taken by that office. Such recordings will be placed in the student's disciplinary records. A student has a disciplinary record only after notification of a decision is made and the student is found responsible for a violation of the student code of conduct. A case that is currently under investigation or is classified as "documentation only" is not a disciplinary record.

(3) The Family Educational Rights and Privacy Act (FERPA) provides that an educational institution may notify a student's parent or legal guardian if the student is under the age of twenty-one and has violated a federal, state, or local law involving the use or possession of alcohol or a controlled substance.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-100-500, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-100-500, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-100-500, filed 5/25/16, effective 6/25/16.

Chapter 132S-110 Title IX hearing procedure for students.

Wash. Admin. Code § 132S-110-010 Order of precedence.

This procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to the college's Title IX grievance policy and regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these hearing procedures conflict with Columbia Basin College's standard disciplinary procedures, WAC 132S-100-010 through 132S-100-500 these procedures shall take precedence. The college may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the hearing panel and hearing panel chair.

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13) and 34 C.F.R. § 106.45 (b)(6)(i). WSR 22-06-073, § 132S-110-010, filed 2/28/22, effective 3/31/22. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-010, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-020 Prohibited conduct under Title IX.

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

For purposes of this procedure, "sex discrimination" which includes sex-based harassment, occurs when a respondent causes more than de minimis harm to an individual by treating them differently from an otherwise similarly situated individual based on:

(1) Sex stereotypes;

(2) Sex characteristics;

(3) Pregnancy or related conditions;

(4) Sexual orientation; and

(5) Gender identity.

For the purpose of this procedure, "sex-based harassment" is a type of sex discrimination that occurs when a respondent engages in the following discriminatory conduct on the basis of sex:

(6) Quid pro quo harassment. An employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct.

(7) Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(a) The degree to which the conduct affected the complainant's ability to access the recipient's education program or activity;

(b) The type, frequency, and duration of the conduct;

(c) The parties' ages, roles within the recipient's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(d) The location of the conduct and the context in which the conduct occurred; and

(e) Other sex-based harassment in the recipient's education program or activity.

(8) Sexual violence 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 either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.

(d) Statutory rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent.

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

(10) 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.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-065, s 132S-110-020, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-020, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-030 Title IX jurisdiction.

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

(a) Meets the definition of sex discrimination, sex-based harassment, or retaliation as defined in this disciplinary procedure, including causing more than de minimis harm to the complainant;

(b) Occurred in the United States or interfered with the complainant's ability to access or participate in the college's educational programs or activities in the United States; and

(c) Occurred during a college educational program or activity, or interferes with the complainant's ability to access or participate in the college's educational programs or activities.

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

(3) Proceedings under this procedure must be dismissed if the Title IX coordinator or designee determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this procedure does not prohibit the college from addressing allegations or taking disciplinary action against conduct that violates provisions of the college's student conduct code, chapter 132S-100 WAC, federal or state law, or other college policies.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 24-23-065, s 132S-110-030, filed 11/18/24, effective 12/19/24. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-030, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-040 Initiation of hearing.

(1) Upon receiving the Title IX investigation report the Title IX coordinator or designee will review the report to determine whether there are sufficient grounds to proceed with a live hearing.

(2) If the Title IX coordinator or designee determines that there are sufficient grounds to proceed, the Title IX coordinator or designee will initiate a live hearing by filing a written notice with the chair of the Title IX student hearing 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);

(c) Set forth the facts underlying the allegation(s);

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

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

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

(ii) An advisor may be an attorney; and

(iii) If the party does not have an advisor, the college will provide a list of available advisors for the party to choose from at no cost to the party.

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-040, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-050 Prehearing procedure.

(1) Upon receiving the notice of live hearing, the chair of the Title IX student hearing panel will send a hearing notice to all parties. In no event will the hearing date be set less than ten days after the Title IX coordinator or designee provides 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 hearing panel chair with copies to all parties and the Title IX coordinator.

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-050, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-060 Rights of parties.

(1) To the extent they are consistent with this procedure, the college's student conduct procedures, chapter 132S-100 WAC and this procedure shall apply equally to all parties.

(2) The college bears the burden of offering and presenting sufficient testimony and evidence to establish whether or not 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 or designee will provide a list of available advisors for the party to choose from at no cost to the party.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-060, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-070 Evidence.

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

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

(5) Privileged evidence: The hearing panel 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;

(c) Privileges applicable to members of the clergy and priests;

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

• Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13) and 34 C.F.R. § 106.45 (b)(6)(i). WSR 22-06-073, § 132S-110-070, filed 2/28/22, effective 3/31/22. Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-070, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-080 Initial order.

(1) The Title IX student hearing panel will be responsible for conferring and drafting an initial order that:

(a) Identifies the allegations of sexual harassment;

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

(c) Describes findings of fact supporting the decision of the hearing panel;

(d) Reaches conclusions as to whether the facts establish that the respondent is responsible or not responsible for engaging in sexual harassment in violation of Title IX;

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-080, filed 11/10/20, effective 12/11/20.

Wash. Admin. Code § 132S-110-090 Appeals.

(1) The parties shall have the right to appeal from the initial order's determination of responsibility and/or dismissal of an allegation(s) of sexual harassment in a formal complaint. The right to appeal will be subject to the following procedures and time frames:

(a) An appeal may be filed in writing with the president's office within twenty-one days of the notice of initial order, with copies to all parties and the Title IX coordinator.

(b) The request for appeal must include a brief statement explaining the grounds for the appeal or why the party is seeking review. Disagreement with the initial order and/or sanctions does not, by itself, represent grounds for appeals.

(c) Decisions may be appealed for one or more of the following:

(i) To determine whether there was a procedural irregularity that substantially affected the outcome of the initial order. Deviation from designated procedures is not a basis for sustaining an appeal unless significant prejudice results.

(ii) To consider new evidence, sufficient to alter a decision, that was not reasonably available during fact finding and cross-examination, because such information and/or facts were not known, and the student bringing the appeal had no duty to discover or could not have reasonably discovered facts giving rise to the issues during investigation, live hearing, or fact finding. Refusal to participate during the investigation or live hearing does not constitute a right to appeal.

(iii) The Title IX coordinator or designee, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(d) A party who timely appeals a decision under this procedure, has a right to a prompt, fair, and impartial review of their appeal.

(e) Supportive measures will remain in effect pending an appeal.

(f) Complainants are afforded the same right to appeal as respondents. If both parties appeal the decision, the appeals will be reviewed in the order in which they are filed or reviewed together, if they state the same, similar, or related grounds or substance for appeal.

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

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-110-090, filed 11/10/20, effective 12/11/20.

Chapter 132S-200 Health and safety regulations.

Wash. Admin. Code § 132S-200-110 Animal control on campus.

In order to maintain the administrative and education operations of Columbia Basin College, and the health and safety of all persons on properties owned or controlled by the college, the following rules and regulations regarding animals are hereby promulgated:

(1) Except for natural wildlife inhabiting college property, animals are prohibited from being in or upon any property owned or controlled by the college, and from entering college buildings, with the following exceptions:

(a) Service animals as defined by RCW 70.84.021 that are being used by person with disabilities;

(b) Events at which animals are participants as authorized by the college;

(c) Animals that are part of an academic program as authorized by the college;

(d) Animals otherwise authorized by college policy; and

(e) A dog trained to aid and under the control of law enforcement officers while being used for law enforcement purposes or during demonstrations to illustrate the dog's capabilities.

(2) With the exception of dogs trained to aid law enforcement officers while in the performance of their duties, and except as otherwise provided by college policy, such animals as are permitted shall be under the immediate direct physical control of their owner or handler while on the grounds of Columbia Basin College.

(3) No animal shall be permitted to enter any fountain or pond or other water feature located on college property.

(4) No animal which emits frequent or long-continued noise or activity so as to disturb or disrupt normal administrative or educational functions shall be permitted on college property. Any animal that places human and/or animal life in danger shall be immediately removed from college property.

(5) Organic matter deposited by animals, such as feces, blood, or urine must be removed immediately and properly disposed of by the animal's owner or handler.

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

(7) All animals brought onto college property are subject to applicable city, county or state health, safety, license and leash laws.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-200-110, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-200-110, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-200-120 Penalties for violations of animal control regulations.

Any animal found in or on college property under conditions that violate any provision of this chapter shall be subject to apprehension and impoundment in accordance with applicable college, city, county or state rules, laws, or regulations. Persons violating this chapter may be trespassed from the college campus, otherwise subject to disciplinary action in accordance with applicable college policies, rules, laws or regulations, and/or referred by administration or campus security to the appropriate police agency for prosecution under the applicable city, county or state animal control rules, laws or regulations.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-200-120, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-200-120, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-200-130 Smoke and tobacco-free environment.

(1) Smoking and tobacco products are not allowed inside any building or vehicle operated by Columbia Basin College (CBC).

(2) Smoking materials and related tobacco supplies will not be available for sale or vended on the campuses.

(3) Smoking and tobacco use by staff, students and nonstudents, including visitors, are prohibited within at least fifty feet of building openings (i.e., doors, air intakes, windows) and spaces near outdoor work areas.

(4) Smoking is prohibited in any location where the airflow carries smoke directly into a facility work area.

(5) Smokers must dispose of smoking and tobacco refuse in ash cans or other containers specifically designed and placed for such disposal.

(6) CBC shall ensure through proper posting that outside smoking and tobacco use areas are at least fifty feet from doorways and air intakes.

(7) Any student, staff, or faculty member who violates the college smoking and tobacco-free policy may be subject to disciplinary action. In addition, violations of the college smoking and tobacco-free policy by the public may subject the violator to trespass from campus and/or enforcement by a local law enforcement agency.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-200-130, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-200-140 Regulations governing firearms and weapons on or in college facilities.

(1) It shall be the policy of this college that possession of weapons apparently capable of producing bodily harm and/or property damage is prohibited on or in college facilities or college-leased facilities.

(2) Explosives are prohibited on or in college facilities or leased college facilities.

(3) Carrying of firearms on or in college facilities or college-leased facilities is prohibited except when the concealed permit carrier registers his or her intent to lawfully carry a legal firearm with the campus security office for a specified period of time.

(4) The aforementioned regulations shall not apply to equipment or materials owned, used or maintained by the college; nor will they apply to law enforcement officers while on campus.

(5) Violations of these rules may be grounds for immediate suspension for student, staff or faculty pending a hearing. In addition, violations of this policy by a member of the public may subject the violator to trespass from the campus and/or enforcement by a local law enforcement agency.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-200-140, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-200-150 Trespass.

Columbia Basin College campuses are open to the public, as are the buildings during business hours. To ensure safety of all on the campuses, the office of student conduct or the campus security office may at times need to issue a trespass notice to an individual, restricting a person and/or their vehicle from access to college property or activities. All illegal activity shall be referred to the local law enforcement agency.

Trespass notices may be issued to an individual who has violated college regulations specified in Title 132S WAC, college policies, state law or municipal codes, has jeopardized the safety of others.

A copy of the notice will be kept on file at the campus security office and may be shown to the local law enforcement agencies if an arrest for violation of the trespass order is necessary in the future.

(1) Temporary trespass notice.

(a) A temporary trespass notice of up to twenty-four hours can be issued, without a right to appeal, to any person for whom the college has received a complaint or who has been observed doing any of the following:

(i) Causing harm or inflicting injury to college community members;

(ii) Threatening or intimidating members of the community;

(iii) Disrupting academic and administrative business of the college;

(iv) Causing damage to college or personal property; and/or

(v) Violating college policy, college regulation or the student code of conduct.

(b) A temporary trespass notice will be personally delivered to the recipient at the time of the incident or as soon as possible if the recipient has left college grounds. Copies of all written notices are kept on file with the campus security office.

(c) Students who violate a temporary trespass notice will be referred to the office of student conduct for disciplinary action pursuant to the student code of conduct.

(d) If a nonstudent violates the temporary trespass notice, the campus security officer can extend the terms of trespass notice.

(e) Individuals have the right to appeal a trespass that is longer than twenty-four hours.

(2) Permanent trespass notice.

(a) Individuals who are not current students of the college can be issued a permanent trespass by the campus security office if deemed necessary to protect the campus community. Permanent trespass notices will be personally delivered or sent via U.S. mail (certified receipt) to the individual.

(b) A permanent trespass can be simultaneously administered with the assistance of local law enforcement agencies and their official trespass notification.

(c) Individuals have a right to appeal a permanent trespass.

(3) Trespass appeals process.

(a) A trespass notice that is in effect for twenty-four hours or less cannot be appealed.

(b) Students, whose access to college property or activities has been restricted (trespassed) through the student code of conduct process will be notified according to the process of the student code of conduct.

(4) Persons who are not currently enrolled who wish to appeal a trespass notice must contact the office for the vice president of administrative services.

(5) The criteria used for the appeals review include, but are not limited to:

(a) Determination of the threat posed by the individual to the community;

(b) Review of the individual's need to be present on campus (with adjustments when decided as appropriate); and

(c) Review of the incident or supporting documentation that resulted in the trespass notice being issued.

(6) The vice president for administrative services will review one appeal or request from the trespassed individual for modification per year and reserves the right to deny any appeal based on the safety of the campus community.

(7) The vice president of administrative services may consult with other college personnel, such as the student conduct officer or the vice president for human resources and legal affairs as part of the appeal review process.

(8) Notification of the outcome of the appeal will be sent to the requestor within thirty days of the request via U.S. mail (certified receipt).

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-200-150, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-200-150, filed 5/25/16, effective 6/25/16.

Chapter 132S-300 Campus parking and traffic regulations.

Wash. Admin. Code § 132S-300-100 Introduction.

The rules and regulations provided in this chapter have been established by Columbia Basin College to govern pedestrian traffic, vehicular traffic, and parking on its campuses and upon all state lands devoted to the educational, recreational, and research activities of Columbia Basin College.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-100, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-105 Definitions.

The words used in this chapter shall have the meaning given in this section, unless the context clearly indicates otherwise.

(1) "Annual parking permit(s)" shall mean parking permits that are valid annually and obtained from the campus security office at the fee set by administration, which reserves designated parking spaces on campus for college faculty, staff, or the employees of college property lessees. Campus security shall maintain a list of reserved spaces on campus that correspond with annual parking permits. This definition does not include temporary, special, visitor, carpool permits, or residence hall permits.

(2) "Campus(es)" shall mean any or all real property owned, operated, or maintained by Columbia Basin College.

(3) "Campus security officer" shall mean an employed security officer or communication officer of the college.

(4) "College" or "CBC" shall mean Columbia Basin College.

(5) "Faculty" shall mean any employee of Columbia Basin College who is employed to instruct, counsel, or provide library services to students at Columbia Basin College.

(6) "Residence hall" shall mean any and all real property owned and operated by Columbia Basin College for the purpose of providing housing for its students, which includes, but is not limited to, Sunhawk Hall located at 2901 N. 20th Avenue, Pasco, WA 99301.

(7) "Residence hall permits" shall mean parking permits that are valid for parking at the residence hall and issued by the director for resident life. The director for resident life shall maintain a list of students that are issued parking permits. Such permits are only valid at the residence hall while the student is living at the residence hall.

(8) "Staff" shall mean the classified, exempt and administrative employees of Columbia Basin College.

(9) "Temporary permit(s)" shall mean parking permits which are valid for a specific period of time designated on the permit. This definition shall include temporary, special, visitor, carpool, or shop permits.

(10) "Vehicle" shall mean an automobile, truck, motor driven cycle, scooter, or any vehicle powered by a motor.

(11) "Visitors" shall mean any person or persons, excluding students as defined in WAC 132S-100-030, who come upon the campus as guests, and any person or persons who lawfully visit the campus for the purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-105, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-105, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-110 Purposes of regulations.

The purposes of the rules and regulations established by this chapter are:

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

(2) To protect and control pedestrian and vehicular traffic on campus;

(3) To assure access at all times to emergency vehicles and equipment;

(4) To minimize traffic disturbance during class hours;

(5) To expedite college business, protect state property, and provide maximum safety and convenience.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-110, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-110, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-115 Applicable rules and regulations.

The traffic and parking regulations which are applicable upon state lands devoted to the educational, recreational and research activities of the college are as follows:

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

(2) The traffic codes of Pasco or Richland, as applicable; and

(3) Special regulations set forth in this chapter.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-115, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-115, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-120 Special traffic and parking regulations and restrictions authorized.

Upon special occasions causing additional heavy traffic, during emergencies or construction of campus facilities, the vice president of administrative services or designee is authorized to impose additional traffic and parking regulations or modify the existing rules and regulations for the achievement of the general objectives provided in WAC 132S-300-110.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-120, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-125 Exceptions from traffic and parking restrictions.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-125, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-130 Regulatory signs and directions.

The vice president of administrative services or designee is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entrances and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings, and directions shall be so made and placed to best effectuate 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 campus security officers in the control and regulation of traffic.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-130, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-130, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-135 Speed limit.

No vehicle shall be operated on the campuses at a speed in excess of fifteen miles per hour; or such lower speed as is reasonable and prudent in the circumstances. No vehicle of any type shall at any time use the campus parking lots for reckless or negligent driving or unauthorized activities.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-135, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-135, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-140 Pedestrian's right of way.

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

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

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

(4) College administration, campus security staff, law enforcement and/or emergency services personnel are authorized to place signs, barricades, direct traffic flow, and other traffic directions upon/or in the CBC campus parking lots and campus grounds which include crosswalks, breezeways, or other areas for the regulation of traffic and parking that will provide safe ingress to and egress from CBC campuses. Pedestrians are responsible for obeying directions and safe travel through campus.

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

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-140, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-300-140, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-300-140, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-145 Report of accidents.

The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or claimed damage to either or both vehicles shall immediately report such accident to the campus security office.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-145, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-150 Liability of college.

The college assumes no liability under any circumstances for vehicles driven or parked on campus.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-150, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-155 Severability.

If any provision of this chapter shall be adjudged by a court of record to be unconstitutional, the remaining provisions of this chapter shall continue in effect.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-155, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-200 Enforcement authority.

The authority and powers conferred upon the vice president of administrative services by these regulations shall be subject to delegation to appointed designees, including campus security officers or other designated subordinates.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-200, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-205 Enforcement.

(1) Enforcement of the parking rules and regulations in this chapter are subject to enforcement from 7:00 a.m. to 4:30 p.m., Monday through Thursday, and 7:00 a.m. to 12:00 p.m., Friday, except on legal holidays as identified in WAC 132S-05-015. However, at the residence hall(s), parking rules and regulations in this chapter are subject to enforcement at all times.

(2) The vice president of administrative services or designee shall be responsible for the enforcement of the rules and regulations contained in this chapter and may issue fines or penalties as described in this chapter. The vice president of administrative services is hereby authorized to delegate this responsibility to the campus security officers or other designees.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-205, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-205, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-300 Issuance of parking citations.

Citations and fines may be levied for any violation of this chapter that occurs on either campus. A schedule of fines shall be published on the college's website located at www.columbiabasin.edu. A copy of the fine schedule shall also be available in the campus security office. Upon the violations of any of the rules and regulations contained in this chapter, the vice president of administrative services, and campus security and staff, including student workers, may issue a warning, or citation setting forth the date, the approximate time, permit number, license information, infraction, officer, and fines as appropriate. Such warnings or citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-300, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-300, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-305 Authorization for issuance of parking permits.

The campus security office, or designee, is authorized to issue annual parking permits to faculty, staff, and employees of college's lessees using college facilities pursuant to regulations and the payment of appropriate fees as determined by the college. The director for residence life, or the director's designee, is authorized to issue residence hall permits to students living at the residence hall.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-305, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-300-305, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-300-305, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-310 Valid parking permits.

A valid parking permit is:

(1) A current annual parking permit issued by the campus security office and properly displayed;

(2) A temporary permit:

(a) From the sponsoring department;

(b) From a career or technical educational faculty member;

(c) A carpool permit authorized by the campus security office;

(d) A special parking permit; or

(e) A residence hall permit issued by the director for resident life and properly displayed.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-310, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-310, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-315 Display of parking permit.

(1) All annual parking permits and residence hall permits shall be properly displayed and viewable from the front windshield of the vehicle. Temporary, special, visitor, carpool, or shop permits shall be placed in a visible position on the dashboard of the automobile. Additionally, for a vehicle utilizing a carpool space, two or more carpool permits must be displayed on the dashboard in a manner that is visible to campus security officers (e.g., cannot be stacked or overlapping, etc.).

(2) Permits not displayed pursuant to the provisions of this section shall not be valid and the vehicle may be subject to a parking citation and/or penalty.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-315, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-315, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-320 Transfer of parking permit.

Annual parking permits purchased by individuals stated in WAC 132S-300-305 are transferable.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-320, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-320, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-325 Parking permit revocation.

Parking permits are the property of the college and may be recalled by the vice president of administrative services for any of the following reasons:

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

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

(3) Falsification on a parking permit application;

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-325, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-330 Parking permit revocation—Hearing provided.

Cancellation or revocation of any parking permit because of any of the causes stated in WAC 132S-300-325 (2) through (5) may be appealed to the vice president of administrative services. The decision of the vice president for administrative services or designee may be appealed to the college president.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-330, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-335 Allocation of parking space.

The parking space available on campus for annual parking permits shall be designated and allocated by the campus security office or designee in such a manner as will best effectuate the objectives of the rules and regulations in this chapter.

(1) Parking spaces will be designated for use of visitors on campus.

(2) Parking spaces for persons with disabilities will be designated pursuant to RCW 46.61.581. The allocated parking spaces are exclusively for use by those designated, provided that appropriate state of Washington "disabled permit" are displayed properly within their vehicles.

(3) Parking spaces will be designated for use by carpool vehicles.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-335, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-335, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-340 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 with the vehicle facing head in.

(3) 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.

(4) Those spaces that contain a parking space number are reserved for those that pay the fee associated with the annual parking permit and are assigned the space for the duration of the year. Those that park in a reserved space without the corresponding annual parking permit may be subject to citation and/or penalty.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-340, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-340, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-300-400 Fines and penalties.

The vice president of administrative services or designee is authorized to impose fines and penalties for the violation of the rules and regulations contained in this chapter.

(1) Fines. A schedule of fines shall be published online at the college's website located at www.columbiabasin.edu. An individual receiving a parking citation must pay fine(s) imposed in accordance with the schedule of fines. Visitors who have received citations for parking violations may return the citation to the campus security office with name, address, and a brief explanation. The chief campus security official may void the citation as a courtesy notice. Any individual may file an appeal for any parking citation under the appeals section of this subchapter and as described in further detail on the college's website.

(2) Unpaid fines. If any parking citation remains unpaid eight days after issuance on the citation or after appeal of the citation, Columbia Basin College may take actions including, but not limited to:

(a) Initiate collection action;

(b) Make collections from funds received from or on behalf of a student;

(c) Deny or withhold admission to or registration with the college, conferral of degrees or certificates, and/or issuance of academic transcripts;

(d) Refer the matter for discipline under chapter 132S-100 WAC;

(e) Deny any other provisions or other services, including refunds.

(3) Student conduct referral. An accumulation of unpaid citations or traffic offenses by a student may be referred to the chief student conduct officer for initiation of disciplinary proceedings under chapter 132S-100 WAC as the chief student conduct officer deems appropriate. No disciplinary action for unpaid citations shall be taken until the student has completed the appeal process or waived their appeal rights.

(4) Impoundment. Vehicles parked on a Columbia Basin College campus in violation of any of the regulations contained in this chapter may be impounded at the discretion of the vice president of administrative services or the chief campus security official. If a vehicle is impounded, it may be taken to such place for storage as the vice president of administrative services or designee selects. The expenses of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by them prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(5) Appeals. Any fines and penalties for citations under the rules and regulations of this chapter must be appealed in writing, stating fully all grounds for appeal, within five days from the date of the citation, to the chief campus security official or designee who will:

(a) First-level appeal. After review of the appeal the chief campus security official or designee may uphold, reduce or waive the fine(s) associated with the citation. Any fine(s) still levied against the appellant must be paid in accordance with the schedule of fines unless appellant wishes to pursue a second-level appeal. If the citation remains unpaid thereafter, the college may take actions stated above and/or in chapter 132S-100 WAC. The chief campus security official will advise the appealing party in writing as soon as practicable of their decision, along with second-level appeal rights and location of the appeal form.

(b) Second-level appeal. If the appealing party is dissatisfied with the chief campus security official's decision, the appealing party may submit the same appeal to the citation review committee within five days of receipt of the chief campus security official's decision. Failure to appeal in writing within the five-day period constitutes a waiver of right of appeal. The written appeal form completed by the appealing party must either request an appearance before the citation review committee or include a written appeal for the citation review committee to consider. Upon receipt of a request to appear before the committee, the appealing party will be notified in writing of the next scheduled committee meeting at which the appealing party can present their appeal. The citation review committee will review the second-level appeal and advise the appealing party as soon as practicable of the committee's decision. The citation review committee hears appeals of citations issued pursuant to the regulations of this chapter and using the following criteria:

(i) Did an institutional error occur?

(ii) Were there extenuating circumstances that caused the error to occur?

(iii) Did the appealing party make a good faith effort to comply with the parking rules?

The campus security department is permitted to provide responsive information for the appeal and/or to provide rebuttal during the appealing party's presentation to the committee. The decision of the citation review committee will be final.

(6) Composition of citation review committee. The college president shall appoint no less than eight members to the citation review committee. The committee will be composed of at least one faculty member, one exempt staff, one classified staff and one student with the remaining from the same group type in equal numbers. Each timely filed appeal will be reviewed by a minimum of three available members of the committee and in odd numbers thereafter to avoid a tie for decision making purposes. This composition of the committee will be expected whether the appeal is for the appealing party's presentation or review of the appealing party's written appeal.

(7) Applicability. These appeal procedures will be applicable to all students, faculty and staff or other persons utilizing college facilities who receive fines for violations of these rules and regulations.

History

• Statutory Authority: RCW 28B.50.140 and 20 U.S.C. § 1092(f) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 20-23-031, § 132S-300-400, filed 11/10/20, effective 12/11/20. Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-300-400, filed 5/25/16, effective 6/25/16.

Chapter 132S-400 Facility use for first amendment activities.

Wash. Admin. Code § 132S-400-100 Title.

This chapter shall be known as facility use for first amendment activities.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-400-100, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-105 Definitions.

(1) "College groups" shall mean individuals who are currently enrolled students or current employees of Columbia Basin College or who are affiliated with a recognized student organization or a recognized employee group of the college.

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

(3) "Designated public forum" means those areas of each campus that the college has chosen to open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner restrictions.

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

(5) "Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-400-105, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-400-105, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-110 Statement of purpose.

Columbia Basin College is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the college's educational mission. The college's public character does not grant individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, as provided by WAC 132S-400-115, the college designates areas intended for first amendment activities for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this policy.

The purpose of the time, place and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for noncollege groups. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-400-110, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-400-110, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-115 Use of facilities.

(1) Subject to the regulations and requirements of this policy, noncollege groups may use the college's designated public areas, as identified in subsection (12) of this section for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m.

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

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

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

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

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

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

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

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

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

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

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

(11) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy.

(12) The college designates the following area(s) as the designated public areas for use by noncollege groups for first amendment activities on campus:

(a) With respect to the Pasco campus:

(i) Mural gathering area (concrete pad north of the A building);

(ii) A building gathering area (southeast corner near the arbor and seating area);

(iii) Gjerde Center gathering area (northeast concrete portion in front of the main entrance to the H building); and

(iv) Community bulletin board posting printed materials only (located at the west entrance to the Thornton Building).

(b) With respect to the Richland campuses:

(i) Public sidewalks for all campuses;

(ii) Richland Health Science Center located at 891 Northgate Drive, limited to the east or west side of the entrance concrete pad; and

(iii) Richland Original Campus located at 901 Northgate Drive, limited to the walkway space between buildings RB and RC, not to exceed the width of where the building ends immediately adjacent to the walkway.

(13) Noncollege groups that seek to use the designated public fora to engage in first amendment activities shall provide notice to the campus security office no later than 24 hours prior to the event along with the following information, which shall be used for notification purposes only:

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

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

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

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

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

(14) Noncollege group events shall not last longer than five hours from beginning to end.

History

• Statutory Authority: RCW 28B.50.140. WSR 24-18-087, § 132S-400-115, filed 8/30/24, effective 9/30/24
• WSR 20-03-046, § 132S-400-115, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-400-115, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-120 Distribution of materials.

Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. Noncollege groups may distribute materials only at the site designated for noncollege groups.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-400-120, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-125 Criminal trespass.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-400-125, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-400-130 Posting a bond and hold harmless statement.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-400-130, filed 5/25/16, effective 6/25/16.

Chapter 132S-500 Facility use for other than first amendment activities.

Wash. Admin. Code § 132S-500-100 Title.

WAC 132S-500-100 through 132S-500-140 will be known as facility use for other than first amendment activities.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-100, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-105 Statement of purpose.

Columbia Basin College reserves its facilities, buildings and grounds for those activities that are related to its broad educational mission. At other times, the college facilities may be made available to other individuals and organizations as stated in this chapter. The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for noncollege groups and for college groups where applicable.

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

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

Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements by both individuals or groups within the college community must be made through the facility use request system through the executive assistant for the vice president for administrative services.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-105, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-110 Facilities use for first amendment activities.

This chapter does not apply to those individuals or groups using the college facilities for first amendment activities. Use of the campus for first amendment activities, as defined by law, is governed by the rules set forth in WAC 132S-400-100 through 132S-400-130.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-110, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-115 Request for use of facilities.

Requests to use college facilities shall be made to the executive assistant for the vice president for administrative services, who shall be the agent of the college in consummating use agreements.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-115, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-120 Scheduling and reservation practices.

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

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

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

(1) Columbia Basin College instruction, scheduled programs and activities.

(2) Major college events.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-120, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-125 Limitations of use.

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

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

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

(4) No person may enter onto college grounds or facilities possessing a visible firearm or other dangerous weapon, except specifically as allowed by law under WAC 132S-200-140.

(5) Promotional materials or posting for any event being held in a college facility must follow the same procedure as applies to students outlined in chapter 132S-100 WAC.

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

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

(8) College facilities may not be used for purposes of political campaign events or rallies by or for candidates who have filed for public office. Rules, regulations, policies, procedures and practices regarding the use of college facilities shall not discriminate or promote discrimination among political parties, groups or candidates solely on the basis of their particular political viewpoint.

(9) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples or brochures outside rooms or facilities to which access may be granted.

(10) No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law concerning interference with the mail.

(11) No noncollege group shall, under any circumstances, use the college facilities as a permanent meeting place as the college's facilities must be readily available to advance the college's educational mission.

(12) Alcoholic beverages will not be served without the approval of the vice president for administrative services or designee(s). It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations including all state and local regulations and laws, and those of Columbia Basin College.

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 20-03-046, § 132S-500-125, filed 1/9/20, effective 2/9/20
• WSR 16-12-039, § 132S-500-125, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-130 Denial of use.

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

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

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

(3) Involve illegal activity;

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

(5) Create undue stress on college resources.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-130, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-135 Other requirements.

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

When the college grants permission to an individual or organization to use its facilities, it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-135, filed 5/25/16, effective 6/25/16.

Wash. Admin. Code § 132S-500-140 Facility rental/use fees.

Fees will be charged in accordance with the rates available from the executive assistant for the vice president of administrative services. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

The college reserves the right to have trained college staff operate any and all technical equipment at the user's expense. Rates and fees for use of facilities are available online at www.columbiabasin.edu and from the executive assistant for the vice president of administrative services.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-500-140, filed 5/25/16, effective 6/25/16.

Chapter 132S-600 Posting and literature distribution.

Wash. Admin. Code § 132S-600-100 Distribution of materials.

(1) The college reserves the right to control and regulate the distribution of nonfirst amendment materials which might interfere with the college's educational mission.

(2) Permission for the posting, display or distribution of handbills, leaflets, newspapers, posters and similar related matter on college facilities must be obtained from the vice president of administrative services or designee. Permission for such posting or display will be given only if such material meets the following criteria:

(a) Must not be commercial, obscene or unlawful in nature;

(b) Must not interfere with the ingress and egress of persons, or interfere with the free flow of vehicle or pedestrian traffic, or the orderly administration of college affairs, or cause an interruption of classes;

(c) Each of such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual, as well as the date when posted materials will be removed from the property.

(3) Students/college employees.

Handbills, leaflets, newspapers and similar related matter may be sold or distributed free of charge by any Columbia Basin College student or students or by members of recognized Columbia Basin College student organizations or by Columbia Basin College employees on or in Columbia Basin College facilities at locations specifically designated by the director of student activities; provided such distribution or sale meets the criteria listed in subsection (2)(a) through (c) of this section.

(4) Nonstudent persons and organizations not connected with the college may not distribute handbills, leaflets, newspapers and similar materials.

(5) Any distribution of materials as authorized by the office of the vice president for administrative services and regulated by established guidelines shall not be construed as support or approval by the college community or the board of trustees.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-600-100, filed 5/25/16, effective 6/25/16.

Chapter 132S-700 Environmental policy.

Wash. Admin. Code § 132S-700-010 State Environmental Policy Act (SEPA).

It is the policy of Community College District No. 19 that capital projects proposed and developed by the district 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 president, or a duly appointed administrator designee, shall be the responsible official for implementing this policy.

History

• Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-700-010, filed 5/25/16, effective 6/25/16.