Title 132a WAC — Peninsula College

Chapter 132A-104 Board of trustees.

Wash. Admin. Code § 132A-104-011 The board of trustees.

The government of Community College District No. 1 (Peninsula College) is vested in a five-person board of trustees. The trustees are appointed by the governor and serve five-year terms and/or until their successors are appointed. The board annually elects from its membership a chair and vice chair to serve for the ensuing year.

History

Statutory Authority: RCW 28B.B.50.130 [ 28B.50.130], 28B.50.140, and 34.05.010. WSR 24-08-064, § 132A-104-011, filed 3/29/24, effective 4/29/24. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-104-011, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-104-016 Meetings of the board of trustees.

The board of trustees customarily holds a regular meeting at such time and place as it may designate approximately every four weeks from February through June and from October through December. Notice of the time and place of all regular and special meetings shall be governed by the requirements of the Open Public Meetings Act, chapter 42.30 RCW.

(1) All regular and special meetings of the board of trustees shall be announced and held in accordance with chapter 42.30 RCW (the Open Public Meetings Act).

(2) No official business shall be conducted by the board of trustees except during a regular or special meeting.

(3) The board of trustees may convene in executive session whenever it is deemed necessary pursuant to RCW 42.30.110.

History

Statutory Authority: RCW 28B.B.50.130 [ 28B.50.130], 28B.50.140, and 34.05.010. WSR 24-08-064, § 132A-104-016, filed 3/29/24, effective 4/29/24. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-104-016, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-104-021 Communication to the board of trustees.

Persons who wish to bring a matter to the attention of the board of trustees may do so by submitting written communication to the Executive Secretary of the Board of Trustees, President's Office, Peninsula College, 1502 E. Lauridsen Boulevard, Port Angeles, Washington 98362.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-104-021, filed 7/20/99, effective 8/20/99.

Chapter 132A-108 Practice and procedure.

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

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted by this institution, the institution's rules shall govern. All procedural rules previously adopted at this institution are specifically repealed. These rules supersede all procedural rules previously adopted by this institution.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-010, filed 7/20/99, effective 8/20/99.

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

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-020, filed 7/20/99, effective 8/20/99.

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

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-030, filed 7/20/99, effective 8/20/99.

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

Applications for adjudicative proceedings shall be in writing. Application forms are available at the following address:

President's Office

Peninsula College

1502 E. Lauridsen Boulevard

Port Angeles, WA 98362

Written applications for adjudicative proceedings should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-040, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-108-050 Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Residency determination made pursuant to RCW 28B.15.013, conducted by the admissions/registration office;

(2) Challenges to content of education records;

(3) Student conduct proceedings. The procedural rules in chapter 132A-120 WAC apply to these proceedings;

(4) Parking violations. The procedural rules in chapter 132A-116 WAC apply to these proceedings;

(5) Outstanding debts owed by students or employees.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-050, filed 7/20/99, effective 8/20/99.

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

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-060, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-108-070 Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding offer. If the other party opposes the request, a written response to the request shall be made to the presiding officer within ten days of the request. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing within twenty days of receiving the request.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-070, filed 7/20/99, effective 8/20/99.

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

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132A-108-010, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-080, filed 7/20/99, effective 8/20/99.

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

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-108-090, filed 7/20/99, effective 8/20/99.

Chapter 132A-116 Motor vehicle regulations.

Wash. Admin. Code § 132A-116-001 Authority.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District No. 1 empowers the president or designee to make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the college district.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-001, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-006 Registration.

Employees requesting assigned parking are required to register and display parking permits on their vehicles.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-006, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-011 Parking fees.

All employees with assigned parking and all students will pay fees for campus parking. Fees for parking will be established by the board of trustees.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 03-13-133, § 132A-116-011, filed 6/18/03, effective 7/19/03
WSR 99-15-072, § 132A-116-011, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-016 Visitor parking.

Parking spaces reserved for visitors are designated. Staff and student vehicles, regardless of registration, are not permitted to park in these areas. Unauthorized vehicles parked in violation may be towed away and impounded at the expense of the operator.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-016, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-021 General regulations.

(1) Parking is prohibited:

(a) In spaces assigned to specific vehicles.

(b) Along entrance or service roads to the campus designated as fire lanes.

(d) In front of the residence hall.

(e) In assigned residence hall parking.

(f) In the area of the professional/technical shops except cars awaiting maintenance.

(g) In the area of the arts and crafts laboratories.

(h) In loading areas, except while in the process of loading or unloading, and not to exceed thirty minutes.

(2) Traffic in the main parking area is one-way as marked. Back-in parking is not permitted.

(3) Parking is permitted only in marked spaces. Cars must be parked within traffic lines on both sides.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-021, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-026 Enforcement.

(1) Campus motor vehicle regulations are enforced by the Peninsula College employees operating under the direction of the college parking officer. Disabled and fire lane parking enforcement is monitored by local law enforcement agencies. Citations will be issued for traffic violations which include: Parking in "no parking" zones, parking in "visitors" area, parking in assigned staff areas, parking in disabled areas without appropriate permit, parking in service areas, parking in the residence hall area, back-in parking, violation of parking lanes.

(2) Citations issued for violations are payable at the business office. Penalty is four dollars per violation if paid within forty-eight hours and ten dollars if paid after the first forty-eight hours.

(3) Failure by students to clear violation penalties may result in the withholding of transcripts, denial or cancellation of admission or registration, or withholding of degree awards.

(4) Vehicles in repeated, uncleared violation of the campus parking regulations and abandoned vehicles may be impounded at the expense of the operator.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-026, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-116-030 Appeal of fines and penalties.

Students may appeal parking fines and penalties for violations of rules and regulations in this chapter pursuant to the provisions of chapter 132A-120 WAC. Other violators may appeal fines or penalties directly to the college parking officer.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-116-030, filed 7/20/99, effective 8/20/99.

Chapter 132A-122 Withholding services for outstanding debts.

Wash. Admin. Code § 132A-122-011 Policy.

If any student or former student fails to meet financial obligations to the college, the college shall not provide further services except as required by applicable laws or regulations, or as approved by the president or president's designee.

History

Statutory Authority: 2020 c 281 and RCW 28B.10.293. WSR 23-16-048, § 132A-122-011, filed 7/25/23, effective 8/25/23. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-122-011, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-122-021 Withholding services for outstanding debts.

Upon notification of an outstanding financial obligation to the enrollment services office or another authorized college department, an administrative hold will be placed on the student's records and/or access to registration. The extent of the hold will be recommended by the reporting department and, once approved by enrollment services in compliance with applicable laws and regulations, may include denial of access to:

Student files.

Registration.

Financial aid.

(1) Student notification of debts: Pursuant to SSHB 2513 (effective June 11, 2020) and consistent with SBCTC guidelines, students with debts to the college shall be notified of the following through either a secure portal or college email (the college may additionally notify the student through first-class mail):

(a) The amount of debt owed.

(b) What services will be denied.

(d) Any consequences that will result from the nonpayment of the debt.

(e) Right of appeal and how to request a hearing.

The notification will further state that specified services will not be provided until the obligation is satisfied or arrangements have been made under terms and conditions, which are satisfactory to the college.

(2) Student's right to an informal hearing: The notification shall inform the individual of their right to an informal hearing before the president's designee for the purpose of challenging the validity of the debt. The notification shall inform the individual that any request for such a hearing must be made within 15 workdays from the sending of said notice and that the request for a hearing must state the individual's reasons for challenging the financial obligation.

(3) Procedure for informal hearing: Upon receipt of a timely request for a hearing, president's designee shall hold an informal hearing with the student as soon as practicable to evaluate the validity of the outstanding debt. The designee shall ensure that the appropriate records and files of the institution are available for review at the time of the informal hearing. Within 10 workdays after the informal hearing, the designee shall determine whether the outstanding debt is owed to the college and provide the individual with written notification of the decision.

(4) Formal hearing: Within 10 workdays of the designee's communication that the student's request was denied, in an informal hearing, the student may request a formal hearing. The formal hearing will include the president's designee, representatives of the office(s) reporting or maintaining record of debt, and the student. Detailed records documenting the debt shall be provided to all in attendance.

(5) Withholding services: If the individual fails to request or participate in an informal hearing within 15 workdays of initial notification of the debt, or fails to request a formal hearing within 10 workdays after the decision of the president's designee to deny the student's appeal, or if both the informal and formal hearings uphold the validity of the debt, the college will continue to withhold services as indicated above.

(6) Reporting: The business services office shall report annually to the state board for community and technical colleges, which will forward to the governor's office and legislature. The annual report shall include data related to:

(a) The use of transcript holds (this should be zero due to debt).

(b) Registration holds, number of student accounts denied registration privileges.

(d) Collection practices, including the number of student accounts referred to outside collection agencies and the dollar threshold for which a student account is referred to a collection agency.

History

Statutory Authority: 2020 c 281 and RCW 28B.10.293. WSR 23-16-048, § 132A-122-021, filed 7/25/23, effective 8/25/23. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-122-021, filed 7/20/99, effective 8/20/99.

Chapter 132A-127 Peninsula College student rights and responsibilities.

Wash. Admin. Code § 132A-127-005 Authority.

The Peninsula College board of trustees, acting pursuant to RCW 28B.50.140(14), 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 the chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president of student services or their designee. Except in cases involving allegations of sexual misconduct, 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(13). WSR 25-24-012, s 132A-127-005, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-005, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-010 Statement of jurisdiction.

(1) The Peninsula College student rights and responsibilities 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-sanctioned 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 conduct code 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 conduct code, the college may refer any violations of federal, state, or local laws to civil and criminal authorities for disposition. The college reserves the right to pursue student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-01-152, s 132A-127-010, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-015 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 standards 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 sexual harassment.

(2) Due process.

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

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

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

(d) The college bears the burden of establishing the evidentiary facts underlying the imposition of a disciplinary sanction by a preponderance of the evidence in all disciplinary actions and appeals as set forth in this chapter.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-015, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-015, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-020 Definitions.

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

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

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

(3) "Consent" means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. Consent may be withdrawn during an activity and continuing against that individual's expressed position becomes nonconsensual. A person cannot consent if they are unable to understand what is happening due to age, being disoriented, helpless, asleep, unconscious, or for any reason, including due to alcohol or other drugs.

(4) A "complainant" is an individual who alleges conduct that constitutes misconduct and:

(a) Is a student or employee; or

(b) Is a person other than a student or employee who was participating or attempting to participate in the college's education program or activity at the time of the alleged discrimination.

(5) "Conduct review officer" is the vice president of student services or other college administrator designated by the president who is responsible for reviewing or referring appeals of student disciplinary actions as specified in this code.

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

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

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

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

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

(9) "Instructional day" is a day identified in the academic calendar and quarterly schedule as a classroom instruction day.

(10) "Pregnancy or related conditions" means:

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

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

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

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

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

(12) "Program" or "programs and activities" means all operations of the college.

(13) "Relevant" means related to the allegations of misconduct under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged misconduct occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged misconduct occurred.

(14) "Remedies" means 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 misconduct. These measures are intended to restore or preserve that person's access to educational programs and activities after a determination that misconduct has occurred.

(15) "Respondent" is a student who is alleged to have violated the student conduct code.

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

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

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

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

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

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

(19) "Student employee" means an individual who is both a student and an employee of the college. When a 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 student conduct code violation including, but not limited to, sexual harassment, occurred while the individual was performing employment-related work.

(20) "Student group" is 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.

(21) "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 deadlines 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.

(22) "Title IX coordinator" is the administrator responsible for processing complaints of sexual misconduct overseeing investigations and informal resolution processes, and coordinating supportive measures, in accordance with college policy.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-020, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-020, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-025 Prohibited student conduct.

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

(1) Abuse of others. Assault, physical abuse, verbal abuse, threat(s), 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.

(2) Abuse in later life.

(a) 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

(b) Domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual.

(3) Academic dishonesty. Any act of academic dishonesty, including:

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

(b) Plagiarism - Taking and using as one's own, without proper attribution, the ideas, writings, 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.

(c) 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.

(d) 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.

(4) Acts of dishonesty. Acts of dishonesty include, but are not limited to:

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

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

(d) Knowingly making a false statement or submitting false information in relation, or in response, to a college academic or disciplinary investigation or process.

(5) Alcohol. Use, possession, manufacture, or distribution of alcoholic beverages or paraphernalia (except as expressly permitted by college policies, and federal, state, and local laws), or public intoxication on college premises or at college-sponsored events. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person not of legal age.

(6) Cannabis, drug, and tobacco violations.

(a) 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 use of cannabis, federal law prohibits such use on college premises or in connection with college activities.

(b) 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.

(c) 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.

(7) 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 or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another's email identity, nonconsensual recording of sexual activity, and nonconsensual distribution of a recording of sexual activity.

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

(9) Discriminatory harassment.

(a) 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, and pervasive so as to:

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

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

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

(b) 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.

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

(10) 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.

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

(12) Harassment or bullying. Conduct unrelated to a protected class that is unwelcome and sufficiently severe, persistent, and 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.

(a) 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.

(b) 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.

(c) 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.

(13) Hazing. Hazing is any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a college sponsored 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, that is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student, 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.

(14) 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.

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

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

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

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

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

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

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

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

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

(16) 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.

(17) 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.

(18) 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.

(19) Sexual misconduct means sexual harassment, sexual intimidation, nonconsensual sexual activity, and sexual violence defined as any of the following:

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

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

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

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

Sexual harassment does not need to be sexual in nature and can include offensive remarks about a person's sex. There are two types of sexual harassment:

(A) Hostile environment sexual harassment occurs when the conduct is sufficiently severe and pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or effectively denying the ability of a student to participate in or benefit from the college's educational and/or social programs and/or student housing.

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

(b) Sexual intimidation. Threatening or emotionally distressing conduct based on sex intended to intimidate a person including, but not limited to, nonconsensual recording of sexual activity and the threat or act of distributing such recording(s).

(c) Sexual violence. Nonconsensual, abusive, exploitive or violent sexual acts including, but not limited to, the following acts:

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

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

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

(iv) Statutory rape. Intercourse or sexual contact between a person who is 18 years of age or older, and a person who is under the age of 16 such that the conduct would constitute a sexual crime with a minor of any degree under chapter 9A.44 RCW.

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

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

(vii) Invasion of privacy. Invading another person's sexual privacy including, but not limited to:

(A) Nonconsensual photographing, filming, or otherwise recording nudity or sexual activity, including audio recordings;

(B) Unauthorized sharing or distribution of photographs or digital or video recording of nudity or sexual activity, or audio recording of sexual activity, unless otherwise protected by law;

(C) Committing voyeurism by knowingly viewing, photographing, recording, or filming another person engaged in sexual activity, without that person's knowledge and consent, while the person being viewed, photographed, recorded, or filmed is in a place where the person has a reasonable expectation of privacy;

(D) Knowingly or recklessly exposing another person to a significant risk of sexually transmitted disease or infection; or

(E) Causing the nonconsensual indecent exposure of another person.

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

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

(B) Suffer substantive emotional distress.

(ix) Sexual exploitation. Taking nonconsensual or abusive sexual advantage of another for the respondent's own advantage or benefit, or to benefit or take advantage of anyone other than the one being exploited, when the behavior does not otherwise constitute one of the other sexual misconduct offenses described herein including, but are not limited to, prostituting another person.

(x) Lack of consent. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally unable to give consent has engaged in sexual violence for the purposes of this section.

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

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

(22) 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:

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

(b) 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.

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-025, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-025, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-030 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 conduct code.

(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 this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action. Written reprimands are corrective actions, not disciplinary, and may not be appealed.

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

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

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

(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 or condition 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 sanctions and conditions may be considered in petitions for readmission to the college.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-030, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-030, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-035 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 code of student conduct, college antihazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual assault, or physical assault will be disclosed in a public report issued by the college setting forth the name of the student group, the date the investigation began, the date the investigation ended, a finding of responsibility, a description of the incident(s) giving rise to the finding, and the details of the sanction(s) imposed.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-01-152, s 132A-127-035, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-040 Initiation of disciplinary action.

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

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

(a) Sexual misconduct. Cases involving allegations of sexual misconduct shall be initiated and conducted pursuant to WAC 132A-127-090 through 132A-127-120. The college's Title IX coordinator or designee shall review, process, and, if applicable, investigate complaints or other reports of sexual misconduct that occurs within the college's jurisdiction as defined in WAC 132A-127-010. Allegations involving employees or third parties associated with the college will be handled in accordance with college policies.

(b) 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.

(3) 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.

(4) If a student conduct officer determines that a complaint appears to state a violation of the student conduct code, 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.

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

(5) 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.

(6) All disciplinary actions except sexual misconduct will be initiated by the student conduct officer. If that 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.

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

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

(9) 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 conduct code provisions found to have been violated, the discipline imposed (if any), and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. This period of time 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.

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

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s), with or without conditions, as described in WAC 132A-127-030; or

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-040, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-040, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-045 Appeal from disciplinary action.

(1) Except as specified for cases involving allegations of sexual misconduct which is set forth in WAC 132A-127-120, 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 committee, has a right to a prompt, fair, and impartial hearing as provided for in these procedures.

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

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

(7) A conduct review officer shall conduct a brief adjudicative proceeding for appeals of:

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation; and

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

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

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

(b) Dismissals;

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-045, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-045, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-050 Brief adjudicative proceedings—Initial hearing.

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

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

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

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

(3) The conduct review officer shall serve an initial decision upon the respondent and the student conduct officer within 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.

(4) 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 committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-01-152, s 132A-127-050, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-055 Brief adjudicative proceedings—Review of an initial decision.

(1) 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.

(2) The president 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. If the president is not permitted to participate pursuant to this subsection, so-and-so shall participate in the president's stead.

(3) 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 committee for a formal adjudicative hearing.

(4) The decision on review must be in writing and must include a brief statement of the reasons for the decision and must be served on the parties within 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.

(5) 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 committee for a disciplinary hearing.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-055, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-055, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-060 Student conduct committee.

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

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

(b) Two faculty members appointed by the president or designee;

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

(2) The faculty member or administrator appointed on a yearly basis shall serve as the chair of the committee and may take action on preliminary hearing matters prior to convening the committee.

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

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

(5) For cases involving allegations of sexual misconduct, members of the student conduct committee must receive training on serving impartially, avoiding prejudgment of facts at issue, conflicts of interest, and bias. The chair must also receive training on the student conduct process for sexual misconduct 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.

(6) The college may, in its sole and exclusive discretion, for sexual misconduct or other conduct cases, 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 committee and/or committee chair.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-060, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-060, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-065 Student conduct committee—Prehearing.

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

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

(a) A copy of the student conduct code;

(b) The basis for jurisdiction;

(d) A summary of facts underlying the allegations;

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

(f) A statement that retaliation is prohibited.

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

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

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

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

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

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

(7) The student conduct officer shall provide reasonable assistance to the respondent and complainant in procuring the presence of college students, employees, staff, and volunteers to appear at a hearing, provided the respondent and complainant provide a witness list to the student conduct officer no less than three business days in advance of the hearing. The student conduct officer shall notify the respondent and complainant no later than 24 hours in advance of the hearing if they have been unable to contact any prospective witnesses to procure their appearance at the hearing. The committee chair will determine how to handle the absence of a witness and shall describe on the record their rationale for any decision.

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

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

(10) The committee 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.

(11) Attorneys for students must file a notice of appearance with the committee chair at least four business days before the hearing. Failure to do so may, at the discretion of the committee chair, 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.

(12) Sexual misconduct cases shall be initiated and conducted according to WAC 132A-127-090 through 132A-127-120.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-065, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-065, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-070 Student conduct committee—Presentation of evidence.

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

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

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

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

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

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

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

(6) 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.

(7) In cases involving allegations of sexual misconduct, the complainant and respondent may not directly question one another or other witnesses. In such circumstances, the chair will determine whether questions will be submitted to the chair, 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 committee chair may revise this process if, in the chair's determination, the questioning by any party, attorney, or advisor, becomes contentious or harassing.

(a) Prior to any question being posed to a party or witness, the chair 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 chair will retain for the record copies of any written questions provided by any party.

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

(c) The chair shall exclude and the committee 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:

(i) Spousal/domestic partner privilege;

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

(iii) Clergy privileges;

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

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

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

(d) The chair shall exclude and the committee 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 sexual misconduct. 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 sexual misconduct or preclude determination that sexual misconduct occurred.

(e) The committee 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 committee must not draw an inference about whether sexual misconduct occurred based solely on a party's or witness's refusal to respond to such questions.

(8) Except in cases involving allegations of sexual misconduct, the chair 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 chair to be asked of witnesses, or to allow questions to be asked by an attorney or advisor for the respondent.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-070, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-070, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-075 Student conduct committee—Initial decision.

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

(2) Within 20 calendar days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee 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 conduct code were violated. Any findings based substantially on the credibility of evidence or the demeanor of witnesses shall be so identified and explained.

(3) The committee'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 committee shall identify and impose disciplinary sanction(s) or conditions (if any) as authorized in the student code. If the matter is an appeal by a party, the committee may affirm, reverse, or modify the disciplinary sanction and/or conditions imposed by the student conduct officer and/or impose additional disciplinary sanction(s) or conditions as authorized herein.

(4) The committee chair shall cause copies of its decision to be served on the parties and their attorneys, if any. The notice will inform all parties of their appeal rights. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-075, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-075, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-080 Student conduct committee—Review of initial decision.

(1) Any party, including a complainant in sexual misconduct cases, may appeal the committee's decision to the president by filing a written appeal with the president's office within 21 calendar days of service of the committee's decision. Failure to file a timely appeal constitutes a waiver of the right and the decision shall be deemed final.

(2) 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:

(a) Procedural irregularity that would change the outcome;

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

(c) 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.

(3) 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.

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

(5) 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.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-080, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-080, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-085 Summary suspension.

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

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

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

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

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

(4) The written notification shall be entitled "notice of summary suspension" and shall include:

(a) The reasons for imposing the summary suspension, including a description of the conduct giving rise to the summary suspension and reference to the provisions of the student conduct code or the law(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 privilege to enter into or remain on college premises has been withdrawn, and that the respondent shall be considered trespassing and subject to arrest for criminal trespass if they enter the college campus other than to meet with the student conduct officer or conduct review officer, or to attend a disciplinary hearing.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-085, filed 11/20/25, effective 12/21/25
WSR 25-01-152, s 132A-127-085, filed 12/18/24, effective 1/18/25.

Wash. Admin. Code § 132A-127-090 Authority 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 "sexual harassment."

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-090, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-095 Sexual misconduct proceedings.

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-095, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-100 Initiation of discipline for sexual misconduct.

(1) Upon receiving a complaint of sexual misconduct, the Title IX coordinator shall complete an impartial investigation within a reasonable time period according to college policies and procedures. The Title IX coordinator shall then create a Title IX investigation report setting forth their findings in writing and submit this report to the student conduct officer.

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

(3) If the student conduct officer determines that there are sufficient grounds to proceed as to a sexual misconduct violation(s), the student conduct officer will initiate a sexual misconduct disciplinary proceeding by filing a written disciplinary notice with the chair of the student conduct committee and serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

(a) Set forth the basis for jurisdiction;

(b) Identify the alleged sexual misconduct violation(s);

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

(e) Explain that the parties are entitled to be accompanied by an advisor chosen by the party, or by the college if the party has not chosen, during the hearing and that:

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

(ii) An advisor may be an attorney; and

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-100, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-105 Rights of parties in sexual misconduct cases.

(1) The college's student conduct procedures, WAC 132A-127-065, shall apply equally to all parties.

(2) The college bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a sexual misconduct 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 college will appoint an advisor of the college's choosing on the party's behalf at no expense to the party.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-105, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-110 Evidence of sexual misconduct.

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

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

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

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

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

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

(4) Complainant and respondent may not ask questions directly of one another. The advisors will be responsible for questioning all witnesses on the party's behalf.

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

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

(a) Spousal/domestic partner privilege;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-110, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-115 Initial order on sexual misconduct.

In addition to complying with WAC 132A-127-075, the student conduct committee will be responsible for conferring and drafting an initial order that:

(1) Identifies the allegations of sexual misconduct;

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

(3) Makes findings of fact supporting the determination;

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

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

(6) Describes any disciplinary sanction or conditions imposed against the respondent, rising from the committee's determination that the respondent violated the conduct code;

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

(8) Describes the process for appealing the initial order to the college president; and

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-115, filed 11/20/25, effective 12/21/25.

Wash. Admin. Code § 132A-127-120 Sexual misconduct appeals.

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140(13). WSR 25-24-012, s 132A-127-120, filed 11/20/25, effective 12/21/25.

Chapter 132A-129 Academic honesty.

Wash. Admin. Code § 132A-129-005 Commitment to academic honesty.

When students enter Peninsula College, they are joining a community of scholars in an environment of open inquiry and academic honesty.  This community is characterized by the freedom to express and to question.  Responsibilities associated with this freedom include fostering mutual respect for diverse speech and beliefs and contributing to an atmosphere which engenders civility.  The campus recognizes that the U.S. and the Washington state constitutions protect free speech and expression.

The college expects students to act in an honest and ethical manner and to accept responsibility for their own intellectual growth and academic achievement. The college campus is a forum in which disruption or interference with the college's stated educational mission and guiding principles will not be tolerated.

Plagiarism and/or cheating, as defined in the Peninsula College student rights and responsibilities, are not tolerated by Peninsula College. An individual who cheats or plagiarizes the works of others is subject to academic sanctions, including receiving a failing grade for the course in which such action takes place. In addition, plagiarism and/or cheating are violations of the student rights and responsibilities, and such actions may result in an official sanction by the conduct officer.

The college's approach to academic honesty policy is in accordance with the college's guiding principles.

Students accused of cheating or plagiarism are subject to the disciplinary actions and rights enumerated in the student rights and responsibilities. Cases of academic honesty are subject to both class-level academic penalties and college-wide disciplinary actions as defined in the student rights and responsibilities, chapter 132A-127 WAC.

Student rights and responsibilities defined: The term "student rights and responsibilities" shall refer to the rules contained within chapter 132A-127 WAC.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-06-075, s 132A-129-005, filed 2/27/26, effective 3/30/26.

Wash. Admin. Code § 132A-129-010 Definition of academic honesty.

The student rights and responsibilities defines academic dishonesty as 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, writings, 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; 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(13). WSR 26-06-075, s 132A-129-010, filed 2/27/26, effective 3/30/26.

Wash. Admin. Code § 132A-129-015 Discipline.

(1) Disciplinary actions for acts of academic honesty may take two forms:

(a) Academic disciplinary action penalties.

(b) Code of conduct disciplinary actions.

(2) Academic disciplinary actions.

(a) Academic penalties are enacted by the course instructor in accordance with the course syllabus and are limited to the following consequences:

(i) Requiring a student to re-do an assignment;

(ii) Diminishing a grade;

(iii) Giving a failing grade for an assignment;

(iv) Giving an extra or substitute assignment;

(v) Giving a failing grade for the class.

(b) A faculty member accusing a student of academic dishonesty shall do the following:

(i) Assemble evidence, including the offending work, statements by any witnesses, and other evidence (like the original source in cases of plagiarism) that support the charge.

(ii) Notify the student about the concerns privately and provide a time and date for a face-to-face meeting to discuss the situation.

(iii) At the meeting, share the evidence with the student and allow them to respond. If the student adequately responds to the evidence and the instructor determines no academic discipline is needed, no further action is required. If the meeting does not clear the student, the instructor notifies the student that the case will also be reported to the student conduct officer.

(iv) Provide the student a written summary of the meeting and the evidence presented, giving them 21 days to appeal through the appeal process articulated below.

(v) Fill out a CARE report for a case of academic dishonesty, which goes to the student conduct officer.

(3) Code of conduct disciplinary actions.

Students may also face conduct disciplinary action due to academic honesty violations. Code of conduct disciplinary actions are disciplinary sanctions as defined in the student rights and responsibilities, which may include suspension or any other appropriate sanction.

All code of conduct discipline shall be issued by the student conduct officer. If the student elects not to appeal the instructor's finding that academic dishonesty has occurred, the student conduct officer, upon receiving the conduct report and reviewing evidence provided by the instructor, decides whether further disciplinary action, as outlined by the student rights and responsibilities, will be enacted. The process for that disciplinary action and any appeal of that action follow the student rights and responsibilities unless otherwise amended below.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-06-075, s 132A-129-015, filed 2/27/26, effective 3/30/26.

Wash. Admin. Code § 132A-129-020 Student appeal of academic dishonesty disciplinary actions.

In keeping with the student rights and responsibilities, students in cases of academic dishonesty have a right to due process.

If a student disagrees with an instructor's determination that an academic honesty violation has occurred, the following steps are followed:

(1) Step 1: Appeal to instructor.

(a) The student should collect evidence demonstrating that the work was their own. Decisions of the college will be determined based on admissible evidence.

(b) Students bear the burden of proving they are the originator of course work. The standard of evidence is the preponderance of the evidence.

(c) At the one-on-one meeting with the instructor, the student should present their evidence. If the instructor finds the evidence compelling, the instructor may lift the academic disciplinary action and no further action or appeal is necessary.

(d) Regardless of the outcome of the meeting, the instructor provides a written summary of the meeting and its findings to the student within seven days.

(e) If the instructor finds the student in violation of the conduct code, the instructor notifies the student conduct officer of the findings through a CARE report. If the student accepts the instructor's decision, the student rights and responsibilities process is followed. If the student plans an appeal to the dean, the student conduct officer views the case as pending.

(2) Step 2: Appeal to dean.

(a) If the case is not resolved in the one-on-one meeting, the student may submit an appeal, including evidence, to the dean who supervises the faculty member, within 14 days after the student receives the written summary of the meeting with the faculty member.

(b) The dean meets with both the student and the faculty member and reviews the evidence they provide within 14 days.

(c) The dean provides a written decision to the student, the faculty member, and the student conduct officer within seven days after the meeting.

(d) If the dean clears the student of violating the academic honesty code, the process ends.

(e) If the dean finds the student responsible, the student rights and responsibilities process is followed.

(3) Appeals of conduct officer decisions for academic honesty are heard by the student conduct committee as per the student rights and responsibilities.

History

Statutory Authority: RCW 28B.50.140(13). WSR 26-06-075, s 132A-129-020, filed 2/27/26, effective 3/30/26.

Chapter 132A-130 Tuition and fee schedule.

Wash. Admin. Code § 132A-130-010 Tuition and fee schedules.

Chapter 28B.15 RCW sets the parameters for tuition and fee levels at state community colleges. The legislature establishes the tuition and fee rates each biennium. The tuition and fee rates charged by Peninsula College are based on this legislation. The specific amounts to be charged are transmitted to Peninsula College by the state board for community college education.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-130-010, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-130-020 Location of schedules.

Additional and detailed information and specific amounts to be charged for each category of students will be found in the class schedule and at the following locations on the Peninsula campus:

(1) The office of admissions;

(2) The registration and records office;

(3) The controller's office;

(4) The continuing education office;

(5) The financial aid office.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-130-020, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-130-030 Tuition and fee waivers.

(1) Peninsula may periodically establish tuition and fee waivers as authorized by state law and by the state board for community and technical colleges. This will be done in accordance with chapter 131-28 WAC and under regular college fiscal processes. Information regarding specific waivers will be available as provided in WAC 132A-130-020.

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-130-030, filed 7/20/99, effective 8/20/99.

Chapter 132A-131 Scholarships and financial aid.

Wash. Admin. Code § 132A-131-010 Scholarships.

Detailed information concerning the criteria, eligibility, procedures for application and other information regarding scholarships may be obtained from the following address: Peninsula College, Attention: Scholarships, 1502 E. Lauridsen Blvd., Port Angeles, WA 98362.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-131-010, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-131-020 Financial aid.

Federal, state, and private financial aid applications and information may be obtained from the following address: Peninsula College, Attention: Financial Aid, 1502 E. Lauridsen Blvd., Port Angeles, WA 98362.

Award of federal and state aid will be made in accordance with applicable federal and state laws and regulations.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-131-020, filed 7/20/99, effective 8/20/99.

Chapter 132A-133 Organization.

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

(1) Organization. Peninsula College, Community College District No. 1, is established in Title 28B RCW as a public institution of higher education. The institution is governed by a five-member board of trustees appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office is located at the following address:

1502 E. Lauridsen Boulevard

Port Angeles, WA 98362

Customary office hours are 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.

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

1502 E. Lauridsen Boulevard

Port Angeles, WA 98362

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-133-020, filed 7/20/99, effective 8/20/99.

Chapter 132A-140 Use of college facilities.

Wash. Admin. Code § 132A-140-001 Use of college facilities.

Community College District No. 1 serves Clallam and east Jefferson counties by providing continued educational opportunities for their citizens. In keeping with this general purpose, the college offers its facilities for a variety of uses of benefit to the general public, provided that such uses do not interfere with the educational mission of the college. However, as a state agency, Peninsula College is under no obligation to make its public facilities available for private purposes.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-001, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-006 Distribution of material on campus.

(1) The college reserves the right to control and regulate the distribution of materials which might interfere with the college's educational mission.

(2) Off-campus and nonstudent groups or individuals must register with and obtain the approval of the director of student activities before distributing handbills, leaflets, or similar materials.

(3) Such materials must identify the publishing agency and distributing organization or individual.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-006, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-011 Use of facilities.

(1) The buildings, properties, and facilities of the college, including those assigned to student programs, may be used for:

(a) The regularly established teaching, research, or public service activities of the college and its departments or related agencies.

(b) Cultural, educational, or recreational activities of the students, faculty, or staff.

(c) Short courses, conferences, seminars, or similar events conducted either in the public service or for the advancement of specific departmental professional interests when arranged under the sponsorship of the college or its departments.

(d) Public events of a cultural or professional nature, brought to the campus at the request of college departments or committees and presented with their active participation.

(e) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college.

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

(3) College facilities may not be used for commercial solicitation, advertising, or promotional activities unless such activities serve educational objectives and/or further the mission of the college.

(4) Activities of a commercial or partisan 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 outside rooms or facilities to which access may be granted.

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

(6) The facilities of the college are available to recognized student groups subject to these general policies.

(7) The college reserves the right to establish administrative procedures, including rental fees, for the use of college facilities. Further information about the use of college facilities is available from the Director of Student Activities, Peninsula College, 1502 E. Lauridsen Boulevard, Port Angeles, WA 98362.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-011, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-016 Administrative control.

The board hereby delegates to the president the authority to set up administrative procedures for proper review of the use of district facilities; to establish, within the framework of these policies, regulation governing such use; and to establish rental schedules where appropriate.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-016, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-021 Liability.

Permission to use district and college facilities will be granted to an off-campus organization only under the express understanding and condition that such off-campus organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the district for any loss or damage or claims arising out of such use and agrees that in its use of facilities it will uphold the policies of Peninsula College and the laws of the state of Washington.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-021, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-026 Use of tobacco on campus.

Smoking of tobacco or any other substance, either legal or illegal, is prohibited in all campus areas, including campus buildings, walkways, and doorways, except in designated smoking areas. This regulation shall apply to all individuals entering the campus grounds, whether as student, employee, or visitor. Except under circumstances where smoking may be allowed in individual rooms, this regulation shall also apply to the residence hall.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-026, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-140-030 Trespass.

(1) Individuals who are not students or members of the faculty or staff and who violate these regulations will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or designee, to leave the college property. Such a request prohibits the entry of, and withdraws the license or privilege to enter onto or remain upon, any portion of the college facilities by the person or group of persons requested to leave. Such persons shall be subject to arrest for criminal trespass.

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

(3) Persons who violate a district policy may have their license or privilege to be on district property revoked and be ordered to withdraw from and refrain from entering upon any district property.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-140-030, filed 7/20/99, effective 8/20/99.

Chapter 132A-150 Health and safety.

Wash. Admin. Code § 132A-150-010 Animals on campus.

With the exception of trained service animals, animals are not allowed in public areas of buildings or in areas shared by staff. Any animal on college property must be attended and on a leash at all times. Animals may not be tied up and left unattended. Animals found locked in vehicles on college property will be reported to the animal control authority. Violators are subject to institutional discipline and/or dismissal from campus.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 03-13-133, § 132A-150-010, filed 6/18/03, effective 7/19/03
WSR 99-15-072, § 132A-150-010, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-150-020 Firearms, explosives, and dangerous chemicals restrictions.

No person shall have in his or her possession on college owned or leased property any guns (including shotguns, rifles, pistols, air guns and pellet guns), firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments. Violation is grounds for disciplinary and/or legal action. Excepted are as follows:

(1) Authorized law enforcement officers carrying guns while engaged in regular duties;

(2) Activities requiring the use of prohibited items, subject to the president's approval.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-150-020, filed 7/20/99, effective 8/20/99.

Chapter 132A-160 Admission and registration procedures.

Wash. Admin. Code § 132A-160-006 Peninsula College policy regarding admission and registration regulations and procedures.

Admission and registration regulations and procedures for students wishing to attend Peninsula College are published in the college catalog. Copies of the catalog are available in the registration office. Questions and inquiries about regulations and procedures should be directed to the appropriate administrator.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-16-029, § 132A-160-006, filed 7/27/99, effective 8/27/99.

Chapter 132A-168 Use of library.

Wash. Admin. Code § 132A-168-006 Purpose of the library.

Peninsula College serves the information needs of students, faculty, staff, and the community in an environment which nurtures learning and fosters freedom of intellectual activity; the access, retrieval, management, application, and distribution of information are central to the college mission.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-168-006, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-168-011 Materials selection.

Information resources are acquired according to the principles and practices embodied in the library/media center's Collection Development and Materials Selection Policy. Copies of this policy may be requested at the library/media center.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-168-011, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-168-016 Hours.

Library/media center hours are posted on the exterior of the John D. Glann library building and published annually in the student handbook. Any changes to regularly scheduled hours are posted and announced in advance.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-168-016, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-168-021 Circulation.

The circulating collection is generally comprised of print resources, including, but not limited to, books, periodicals, catalogs, and vertical file materials. Noncirculating materials include reference resources and multimedia programs.

Loan time periods are based upon average demand and a reasonable turn-around time within the academic quarter. The loan time schedule is available upon request.

Circulation policies and practices are periodically revised to meet changing circumstances and are available upon request.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-168-021, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-168-026 Charges.

Charges are levied for lost library materials based upon the cost of replacement plus an ordering and processing fee. Replacement costs for items no longer in print, or otherwise unavailable, are based upon the average cost of similar resources plus an ordering and processing fee.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-168-026, filed 7/20/99, effective 8/20/99.

Chapter 132A-176 Environmental policy.

Wash. Admin. Code § 132A-176-006 Environmental policy.

It shall be the policy of Community College District No. 1 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-10 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community and technical college education; and comply with WAC 197-10-820 as presently enacted or hereafter amended. The district president or an administrative officer designated by the district president shall be the "responsible officer" for carrying out this policy.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-176-006, filed 7/20/99, effective 8/20/99.

Chapter 132A-276 Public disclosure policy.

Wash. Admin. Code § 132A-276-031 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the college president and located on the main college campus. The public records officer shall be responsible for implementing the district's rules and regulations regarding release of public records, coordinating the staff of the district in this regard, and insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-276-031, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-276-045 Copying.

No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records; such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. All fees must be paid by money order, credit card, cashier's check, or cash in advance.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-276-045, filed 7/20/99, effective 8/20/99
Order 3, § 132A-276-045, filed 12/8/76.

Chapter 132A-320 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132A-320-010 Grounds for ineligibility.

Any student found to have violated chapter 69.41 or 69.50 RCW or provisions of WAC 132A-120-011 (1) through (3) or by virtue of a criminal conviction or otherwise, insofar as it prohibits the possession, use or sale, or furnishing of legend drugs, including anabolic steroids, will be disqualified from participation in any school-sponsored athletic event or activity.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 03-13-133, § 132A-320-010, filed 6/18/03, effective 7/19/03
WSR 99-15-072, § 132A-320-010, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-320-020 Suspension procedure—Right to information hearing.

Any student notified of a violation of the above shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the president or his or her designee within three days of receipt of a declaration of further athletic ineligibility. If timely written request is made, the president or his or her designee shall designate a hearing officer, who shall be a college officer not involved with the athletic program, to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student shall be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible for further participation in school-sponsored athletic events for the remainder of the school year.

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-320-020, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-320-030 Decision.

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

History

Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-320-030, filed 7/20/99, effective 8/20/99.

Chapter 132A-350 Grievances—Discrimination.

Wash. Admin. Code § 132A-350-040 Reasonable accommodations/academic adjustment for persons with disabilities.

Peninsula College shall provide to individuals qualifying with a disability an equal opportunity to access the benefits, rights, and privileges of college services, programs, activities, and employment in the most integrated setting appropriate to the individual's needs, in compliance with the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act Amendment Act (ADAAA) of 2008, the state of Washington laws against discrimination, and appropriate collective bargaining agreements. No individual shall, based on disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination in any program or activity.

In accordance with the ADAAA of 2008, persons with disabilities have the right to request and receive reasonable accommodations that:

(1) Are necessary to ensure that employment/academic requirements do not discriminate or have the effect of discriminating against a qualified individual with a disability based on that disability; and

(2) Do not impose an undue hardship on the college or require alteration of academic requirements demonstrated as essential to the program of instruction being pursued.

It shall be the obligation of the individual with a disability to request reasonable accommodation.

History

Statutory Authority: RCW 28B.50.140(13). WSR 16-08-109, § 132A-350-040, filed 4/5/16, effective 5/6/16. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-350-040, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-350-045 Definitions.

Essential functions: The fundamental job duties of the position that the individual with a disability holds or desires.

Essential requirements: The fundamental student learning outcomes and course curriculum requirements or activities.

Qualified student: A student with a disability who, with or without reasonable accommodations, meets the academic and technical standards required for admission to, participation in, and/or fulfills the essential requirements of college programs or activities.

Qualified employee: An employee with a disability who meets the skill, experience, education, and other job related requirements for the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.

History

Statutory Authority: RCW 28B.50.140(13). WSR 16-08-109, § 132A-350-045, filed 4/5/16, effective 5/6/16. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-350-045, filed 7/20/99, effective 8/20/99.

Wash. Admin. Code § 132A-350-050 Reasonable accommodations/academic adjustment disputes.

Reasonable accommodation shall be provided to any qualified individual with a disability for accessing the benefits, rights and privileges of college services, programs, activities, and employment in the most integrated setting appropriate to the individual's needs. Employees and campus visitors should go to the human resources office to request reasonable accommodation. Enrolled students should go to the services for students with disabilities office to request reasonable accommodation.

(1) Reasonable accommodation

Any individual who requests reasonable accommodation shall:

(a) Provide timely notice and documentation of the nature and extent of the disability and the accommodation requested to the college's disability support staff. Since some accommodation may require considerable time to arrange, requests should be made well in advance of need. Lack of advance notice may delay the availability of an accommodation.

(b) Provide any additional documentation on the nature and extent of the disability that the college may require in order to determine appropriate accommodation. This may include a second opinion from a health care professional of the college's choosing and at the college's expense.

(c) Cooperate with the college's disability support staff to develop an appropriate plan for reasonable accommodation. The individual must:

(i) Accept the plan as developed. Any problems encountered in receiving the agreed-upon accommodation must be promptly reported to the college's disability support staff (human resources office for employees and campus visitors/services for students with disabilities office for students); or

(ii) Decline the proposed accommodation. If the individual refuses an accommodation and cannot perform the essential function of the job/program without the accommodation, the individual may not be considered a qualified individual with a disability.

(2) Process of accommodation

(a) For employees or applicants for employment:

(i) Essential job functions shall be determined when a position is established, when it becomes vacant, or when duties are changed. The process of selecting reasonable accommodation for each qualified individual with a disability shall be made on a case-by-case basis, appropriate to the essential job functions of the position and the nature and extent of the individual's disability.

(ii) Possible accommodation shall be developed jointly with the individual requesting accommodation and the disability support staff. If there are two or more effective accommodations that would allow the individual with a disability to perform the essential job functions, the college shall consider the preference of the individual with a disability before selecting the accommodation(s) to be provided.

(iii) When an accommodation in an employee's present position is not reasonable or would cause an undue hardship, the college shall attempt to accommodate the employee through reassignment to another vacant position, at the same pay range or lower, for which the employee is qualified. The employee is responsible for identifying types of jobs he/she is interested and qualified for and shall work on the accommodation with human resources.

(b) For students: Possible accommodation shall be developed jointly with the person requesting accommodation and the services for students with disabilities office. The request for accommodation must be made to the services for students with disabilities office. The process of selecting accommodation(s) for each qualified student with a disability shall be made on a case-by-case basis, appropriate to the nature and extent of the student's qualified disability.

(3) Course equivalency

The college recognizes that certain disabilities may preclude a student from successfully completing a specific course requirement for a degree even when reasonable accommodation(s) are in place. The college recognizes its obligation to accommodate students with disabilities without compromising the integrity of the academic program. Therefore, every student enrolled in a degree program is required to meet the academic requirements demonstrated as essential to the program of instruction being pursued.

The college recognizes that altered methods of course delivery and/or providing reasonable accommodations will enable most students with disabilities to successfully complete course requirements except in unusual circumstances. Once given reasonable accommodation(s), the student must attempt to complete the required course. If the student attempted and was unable to complete the course, the student may request a course equivalency under this procedure.

Course equivalency shall only be approved when such equivalency is consistent with the academic requirements demonstrated as essential to the program of instruction being pursued. Requests for equivalency for a required course shall only be considered when a qualified student with a disability has demonstrated that, even with accommodations provided by the college, the student is unable to complete the course solely because of a disability.

All requests for course equivalency shall be submitted to the services for students with disabilities office within a year from the academic quarter that the course was attempted and shall include the following information:

(a) A description of the accommodations previously provided to the student for the course;

(b) An explanation of the relationship of the student's disability to the lack of success in completing the course;

(d) A statement by the student that a good faith effort has been made to complete the required course with accommodations; and

(e) A release signed by the student, authorizing the special needs academic advisory committee to review the documentation on the student's disability and to contact the evaluating doctor or psychologist.

The dean of student services shall forward the request, with documentation, for review by the special needs academic advisory committee.

(4) Special needs academic advisory committee

All requests for course equivalency shall be submitted to the special needs academic advisory committee. The student or designated advocate requesting equivalency shall have an opportunity to address the committee.

The special needs academic advisory committee is comprised of the following:

• An instructional services administrator;

• A faculty member from the department in which the course is offered;

• A faculty member from a department other than the department in which the course is offered;

• A student services administrator; and

• A representative of the services for students with disabilities office.

Requests for course equivalency shall be approved if the committee agrees that the student has made a good faith effort to complete the required course with accommodations and if the proposed equivalency meets the learning objectives of the degree requirement.

The committee shall respond in writing to all requests for course equivalency within ten instructional days after receiving the request. The decision of the special needs academic advisory committee may be appealed to a senior level administrator within fifteen instructional days after receiving the decision to review it was not arbitrary or capricious. The decision of the senior level administrator's review is the final decision of the college.

(5) Reasonable assurance disputes

It is recommended but not required, that student and/or employee complainants who disagree with an accommodation request a review of the accommodation given or not given by first attempting, via an informal meeting to resolve the issue in the following manner, before seeking the formal grievance procedure in the following manner:

(a) Informal meeting. In an attempt to informally resolve the dispute, the complainant may request a meeting with the employee believed to have not been provided the reasonable accommodation or to request a meeting with the employee's supervisor or in his/her absence, a person designated by the president.

(b) Formal grievance procedure. If a complainant believes the human resources officer (for employees), the coordinator for students with disabilities, or an employee of the college, has not identified and/or has not provided reasonable accommodations, the complainant may seek review of the action by contacting the employee's supervisor. In this case, the following formal grievance procedure will be followed:

(i) The complainant will submit a written appeal to the supervisor within ninety calendar days of the incident(s);

(ii) The supervisor will review the complainant's position, and respond within five working days;

(iii) The response will be the decision of the college, or a notification that the college will need additional time to come to a decision and the amount of time needed to respond;

(iv) If resolution is not reached by the complainant and the supervisor, the supervisor will refer the appeal to his/her appropriate administrator;

(v) The senior level administrator will review the dispute and make recommendations in writing for appropriate resolution.

The decision of the senior level administrator is the final decision of the college. If desired, inquiries or appeals beyond the institutional level may be directed to:

Equal Employment Opportunity Commission at 800-669-4000

Washington State Human Rights Commission at 800-233-3247

Office of Civil Rights, Department of Education at 206-220-7900

History

Statutory Authority: RCW 28B.50.140(13). WSR 16-08-109, § 132A-350-050, filed 4/5/16, effective 5/6/16. Statutory Authority: RCW 28B.50.140 and chapter 28B.50 RCW. WSR 99-15-072, § 132A-350-050, filed 7/20/99, effective 8/20/99.