Title 132d WAC — Skagit Valley College

Chapter 132D-104 Board of trustees.

Wash. Admin. Code § 132D-104-010 The board of trustees.

The government of Community College District No. 4 (Skagit Valley 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. Annually at its June meeting, the board elects a chairperson and vice chairperson who serve for a term of one year and until their successors are elected from the membership of the board.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-023 (Order 89-05), § 132D-104-010, filed 5/11/89.

Wash. Admin. Code § 132D-104-020 Meetings of the board of trustees.

The board customarily holds monthly meetings on the second Tuesday of each month at such place as it may designate. Notices 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.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-023 (Order 89-05), § 132D-104-020, filed 5/11/89.

Wash. Admin. Code § 132D-104-030 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 communications to the Executive Secretary of the Board of Trustees, President's Office, Skagit Valley College, 2405 College Way, Mount Vernon, Washington 98273.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-023 (Order 89-05), § 132D-104-030, filed 5/11/89.

Wash. Admin. Code § 132D-104-040 General information.

Information concerning admissions to the college may be obtained from the Office of Student Affairs, Skagit Valley College, 2405 College Way, Mount Vernon, Washington 98273.

Additional and detailed information concerning the various programs of the college may be obtained from the catalog, copies of which are available upon writing the registrar.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-023 (Order 89-05), § 132D-104-040, filed 5/11/89.

Chapter 132D-108 Practice and procedure.

Wash. Admin. Code § 132D-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 in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-010, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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 president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-020, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-030, filed 2/16/90, effective 3/19/90.

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

An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address:

President's Office

2405 E. College Way

Mount Vernon, WA 98273

Written application for an adjudicative proceeding 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, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-040, filed 2/16/90, effective 3/19/90.

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

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

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

(2) Challenges to contents of education records;

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

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

(5) Outstanding debts owed by students or employees;

(6) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132D-400 WAC.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-050, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-060, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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 officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing within twenty days of receiving the request.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-070, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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 132D-108-010, except for the method of official recording selected by the institution.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-080, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-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, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-108-090, filed 2/16/90, effective 3/19/90.

Chapter 132D-116 Parking and traffic regulations.

Wash. Admin. Code § 132D-116-010 Authority.

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District No. 4 empowers the dean of administrative and student services 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. WSR 88-24-014 (Order 88-01), § 132D-116-010, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-020 Purpose.

The rules and regulations contained in this chapter are established for the following purposes:

(1) To protect and control pedestrian and vehicular traffic on property owned, operated and maintained by the college district.

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

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the college by assuring access for vehicles.

(5) To regulate the use of parking spaces.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-020, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-030 Definitions.

For the purposes of this chapter, the following definitions and terms shall apply:

(1) Board: The board of trustees of Community College District No. 4, state of Washington.

(2) Campus: Any or all real property owned, operated, controlled or maintained by Community College District No. 4, state of Washington.

(3) College: Skagit Valley College and any other community college centers or facilities established within Community College District No. 4.

(4) Faculty members: Any employee of Community College District No. 4 who is certified to teach in a community college in the state of Washington.

(5) College disciplinary court: The court system established by chapter 132D-120 WAC.

(6) Security officer: An employee of the college accountable to the dean of administrative and student services and responsible for campus security, safety, and parking and traffic control.

(7) Staff: The administrative and classified members employed by the college.

(8) Students: Any person enrolled at the college.

(9) Vehicle: An automobile, truck or other such vehicle and two-wheeled vehicles powered by a motor.

(10) Visitor: Persons who come upon the campus as guests, and persons who lawfully visit the campus for purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.

(11) Permanent permit: A permit which is valid for a college quarter, year or a portion thereof.

(12) Temporary permit: A permit issued in lieu of a permanent permit for a period determined on the permit.

(13) Handicapped permit: A permit issued to a person with a physical, mental or sensory impairment.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-030, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-040 Applicable traffic rules and regulations.

The traffic rules and regulations which are applicable upon the campus are:

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

(2) Local traffic ordinances of the respective college facilities established within Community College District No. 4.

(3) The traffic rules and regulations of federal, state or local agencies who rent, lease or otherwise provide facilities for the use of the college.

(4) The rules and regulations described in this chapter.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-040, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-050 Parking and traffic responsibility.

The responsibility for parking and traffic management on campus shall be vested in the dean of administrative and student services and his or her appointed security officer(s) or designee(s).

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-050, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-060 Permits required for motor vehicles on campus.

Students, faculty members, staff members, guests and visitors shall not stop, park or leave a vehicle whether attended or unattended upon the campus without a parking permit issued pursuant to this chapter; provided, the permit shall not be required of visitors who park in specifically marked visitor areas and the exemptions from traffic and parking restrictions set forth in this chapter.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-060, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-070 Authorization for issuance of permits.

Parking permits shall be issued to students, faculty members, staff members, guests and visitors of the college pursuant to the following regulations:

(1) The dean of administrative and student services is authorized to issue parking permits to students upon the registration of their vehicle with the college at the beginning of each academic period; provided, the academic period shall not include summer school.

(2) Faculty, staff, and employees may be issued parking permits if they register their vehicle upon employment with the college.

(3) Temporary visitor parking permits or special parking permits may be issued by the dean of administrative and student services or his or her designee(s) if issuance enhances the business or operation of the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-070, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-080 Parking fees.

Fees for parking in designated areas will be established by the board of trustees.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-080, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-090 Valid permits.

The following are valid parking permits, provided they are properly displayed and unexpired:

(1) A permanent permit.

(2) A temporary permit.

(3) A handicapped permit.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-090, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-100 Display of permit.

(1) A permanent permit shall be displayed affixed to the inside of the rear window on the lower left corner directly behind the driver. If the vehicle is a convertible or has no rear window, the permit shall be affixed to the top center of the windshield.

(2) Permits for motorcycles shall be affixed in visible locations.

(3) A special or temporary parking permit shall be placed within the vehicle where it can be plainly observed.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-100, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-110 Transfer of permits.

Parking permits are not transferable.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-110, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-120 Permit revocation.

Parking permits are the property of the college and may be recalled by the dean of administrative and student services or his or her designee(s) for any of the following reasons:

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

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

(3) Falsification on a parking permit application;

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-120, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-130 Right to appeal permit revocation.

When a parking permit has been recalled as provided by this chapter, such action may be appealed pursuant to WAC 132D-120-230 through 132D-120-290.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-130, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-140 Responsibility of permit holder.

The permit holder is responsible for the vehicle to which the permit is affixed. Therefore, he or she will be held responsible for any violations charged to that vehicle. However, an operator of a vehicle will not be relieved of responsibility for violating any rule of this chapter simply because he or she is not also the permit holder.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-140, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-150 Right to refuse permit.

The dean of administrative and student services may refuse to issue a parking permit when it is deemed in the best interests of the college to do so.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-150, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-160 Allocation of parking spaces.

The parking space available on campus shall be allocated by the dean of administrative and student services or his or her designee(s), in such a manner as will best effectuate the objectives [of] this chapter.

(1) Faculty and staff spaces will be so designated for their use; and

(2) Student spaces will be so designated for their use; provided, physically handicapped students may be granted special permits to park in close proximity to the classrooms used by such students; and

(3) Parking space will be designated for use of visitors on campus.

History

• of] this chapter.(1) Faculty and staff spaces will be so designated for their use
• and(2) Student spaces will be so designated for their use
• provided, physically handicapped students may be granted special permits to park in close proximity to the classrooms used by such students
• and(3) Parking space will be designated for use of visitors on campus.[Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-160, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-170 Parking within designated spaces.

(1) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to this chapter.

(2) Parking in designated areas will be strictly enforced between the hours of 7 a.m. and 4 p.m., Monday through Friday.

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

(4) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in, with no part of the vehicle extending more than two feet beyond the yellow line or barrier.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-170, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-180 Night parking.

Night students, faculty members, visitors and guests may park in any of the spaces or stalls designated in this chapter on a first-come, first-served basis between the hours of 4 p.m. and 7 p.m. Whidbey students are restricted to the student parking lots on the Whidbey Campus at all times.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-180, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-190 Regulatory signs and directions.

The dean of administrative and student services or his or her designee(s) is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings and directions shall be so made and placed as (in the opinion of the dean of administrative and student services or his or her designee(s)) will best achieve the goals of this chapter.

(1) Drivers of vehicles shall obey the signs, barricades, structures, markings and directions erected pursuant to this section. Drivers shall also comply with the directions given them by a campus security officer controlling and regulating traffic.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-190, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-200 Speed limit.

No vehicle shall be operated on the campus at a speed in excess of ten miles per hour or in excess of the posted speed limit.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-200, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-210 Special traffic and parking regulations authorized.

Upon special occasions causing additional and/or heavy traffic and during emergencies, the dean of administrative and student services or his or her designee(s), is authorized to impose additional traffic and parking regulations to achieve the objectives of this chapter.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-210, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-220 Two-wheeled motor bikes or bicycles.

(1) All two-wheeled vehicles powered by a motor or foot shall park in spaces designated by the security officer.

(2) No vehicle shall be ridden on the sidewalks on campus at any time unless authorized by the dean of administrative and student services or his or her designee(s).

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-220, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-230 Report of accidents.

The operator of any vehicle involved in an accident on campus where injury or death of any person results, or where either or both vehicles is damaged in any amount, shall within twenty-four hours make a written report of the accident to the dean of administrative and student services. This report does not relieve any person so involved in an accident from his or her responsibility to file a state of Washington motor vehicle accident report.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-230, filed 12/1/88, effective 1/1/89.

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

(1) Enforcement of the parking rules and regulations will begin the first week of classes of fall quarter and will continue until the end of spring quarter. These rules and regulations will not be enforced during summer quarter, Saturdays, Sundays and official college holidays.

(2) The dean of administrative and student services or his or her designee(s), shall be responsible for the enforcement of the rules and regulations contained in this chapter. The dean of administrative and student services is authorized to delegate this responsibility to the campus security officer or other subordinates.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-240, filed 12/1/88, effective 1/1/89.

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

The dean of administrative and student services, his or her appointed security officer, or his or her designee(s) may issue citations for any violations of these rules and regulations. Such citations shall include the date, approximate time, vehicle identification number, infraction, name of the issuing officer and schedule of fines. The traffic citations may be served in person, by mail, or by attaching a copy to a prominent place on the outside of the vehicle.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-250, filed 12/1/88, effective 1/1/89.

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

The dean of administrative and student services or his or her designee(s) is authorized to impose fines and penalties for the violation of rules and regulations contained in this chapter.

(1) The following $5.00 citations will be issued for any of the following violations of the campus parking regulations. The fee will be reduced to $2.00 if paid within 24 hours.

(a) No valid parking permit displayed.

(b) Parking out of designated parking space.

(c) Overtime parking.

(d) Occupying more than one parking space.

(e) Blocking traffic.

(f) Parking in a reserved or restricted area.

(g) Parking in a driveway or walkway.

(h) Parking on grass or landscaped area.

(i) Failure to display handicapped permit.

(2) A $10.00 fine will be issued for any of the following violations of the campus parking regulations:

(a) Use of forged, stolen, or transferred parking permits.

(b) Parking in a loading zone.

(3) A $15.00 fine, also subject to being towed away at the owner's expense, will be issued for any of the following violations of the campus parking regulations:

(a) Parked in any space designated as handicapped parking where the parked vehicle does not have a handicapped permit.

(b) Parked at an area designated as a fire lane.

(4) The dean of administrative and student services or his or her designee(s), shall be authorized to impound vehicles parked on college property.

(a) Vehicles left abandoned on college property for an unreasonable duration are subject to impoundment by the college, pursuant to state law. An unreasonable duration is a period greater than five working days.

(b) Vehicles in violation of subsection (3) may be impounded.

(c) Vehicles involved in more than two violations of these regulations within a twelve-month period are subject to impoundment.

(d) Impoundment and storage expenses shall be borne by the owner of the impounded vehicle.

(e) The college shall not be liable for loss or damage of any kind resulting from such impoundment and storage.

(f) Impoundment of a vehicle does not remove the obligation for any fines associated with the citation.

(5) An accumulation of traffic violations by a student will be cause for disciplinary action, and the dean of administrative and student services shall initiate disciplinary proceedings against such student pursuant to chapter 132D-120 WAC.

(6) Fines will be paid in the front office at the registration window.

(7) Unpaid fines will be referred to the registration office for notation. When fines are unpaid, transcripts, quarterly grade reports, or permission to reregister may be withheld.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-260, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-270 Appeal of fines and penalties.

Any fines and penalties levied against a violator of the rules and regulations in this chapter may be appealed pursuant to the provisions of chapter 132D-120 WAC.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-270, filed 12/1/88, effective 1/1/89.

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

Except for the college owned and/or operated vehicles, the college assumes no liability under any circumstances for vehicles on campus.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-280, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-290 Effective date.

These regulations shall be effective on the date of filing with the code reviser.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-290, filed 12/1/88, effective 1/1/89.

Wash. Admin. Code § 132D-116-300 Severability.

If any provision of this chapter is adjudged by a court to be unconstitutional, the remaining provisions shall continue in effect.

History

• Statutory Authority: RCW 28B.50.140. WSR 88-24-014 (Order 88-01), § 132D-116-300, filed 12/1/88, effective 1/1/89.

Chapter 132D-122 Withholding services for outstanding debts.

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

If any person, including faculty, staff, student or former student, is indebted to the institution for an outstanding overdue debt, the institution need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, or other services which have been requested by such person.

History

• Statutory Authority: RCW 28B.50.140. WSR 21-12-033, § 132D-122-010, filed 5/25/21, effective 6/25/21
• WSR 89-09-039 (Order 89-04), § 132D-122-010, filed 4/14/89.

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

(1) Upon receiving a request for services where there is an outstanding debt due the institution from the requesting person, the institution shall notify the person in person, or by email or first-class mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, no such services as are requested will be provided.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person designated by the president of the institution. The proceeding must be requested within twenty days of the date of mailing notification of refusal to provide services.

History

• Statutory Authority: RCW 28B.50.140. WSR 21-12-033, § 132D-122-020, filed 5/25/21, effective 6/25/21
• WSR 89-09-039 (Order 89-04), § 132D-122-020, filed 4/14/89.

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

Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the institution available for review and shall hold an informal hearing concerning whether the individual in fact owes or owed any outstanding debts to the institution. The hearing must be conducted within ten days of the request for a hearing. After the informal hearing, a decision shall be rendered by the president's designee indicating whether in fact the institution is correct in withholding services for the outstanding debt. If the outstanding debt is owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within five days after the hearing. This hearing shall constitute a brief adjudicative proceeding established by the Administrative Procedure Act at RCW 34.05.482- 34.05.494.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-09-039 (Order 89-04), § 132D-122-030, filed 4/14/89.

Chapter 132D-125 Student education records.

Wash. Admin. Code § 132D-125-010 Purpose.

The purpose of this student records policy is to establish rules and procedures that appropriately implement the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. §1232g). Skagit Valley College is committed to safeguarding appropriate access to student educational records as well as to maintaining individual student privacy. This chapter replaces chapters 132D-130 (Student records) and 132D-280 (Family Educational Rights and Privacy Act) WAC.

(1) Generally, students have the right to review and copy their education records. Students also have the right to challenge the content of, the release of, or denial of access to their education records.

(2) The college normally will not permit access to or release of the student's education records to the public without authorization by the student, though some exceptions exist. Please see below for a complete description of the policy.

(3) The college may release directory information concerning a student unless the student requests in writing that directory information not be released.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-010, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-020 Definitions.

For purposes of this chapter, the following terms shall have the indicated meanings:

(1) "Student" shall mean any person who is or has been officially registered at and attending Skagit Valley College and with respect to whom the college maintains education records or personally identifiable information.

(2) "Education records" shall refer:

(a) To those records, files, documents, and other materials maintained by Skagit Valley College or by a person acting for Skagit Valley College which contain information directly related to a student;

(b) To records relating to an individual in attendance at the college who is employed as a result of his or her status as a student.

However, records made and maintained by the college in the normal course of business which relate exclusively to a person's capacity as an employee are not education records.

(3) The term "education records" does not include the following:

(a) Records of instructional, supervisory, or administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;

(b) Records of the college's department of safety and security, maintained solely for law enforcement purposes, disclosed only to law enforcement officials, and maintained separately from education records in subsection (2) of this section, but only if said law enforcement personnel do not have access to the records under WAC 132D-125-080; or

(c) Records concerning a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and which are created, maintained, or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment, except that such records may be personally reviewed by a physician or other appropriate professional of the student's choice.

(4) "Personally identifiable information" shall refer to data or information which includes either:

(a) The name of a student, the student's parent, or other family member;

(b) The address of the student;

(c) The address of the student's family;

(d) A personal identifier, such as the student's Social Security number or student number;

(e) A list of personal characteristics which would make it possible to identify the student with reasonable certainty; or

(f) Other information which would make it possible to identify the student with reasonable certainty.

(5) "Dean of administrative and student services" shall refer to the dean of administrative and student services or his or her designee.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-020, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-025 Direction to college offices retaining student education records.

All college individuals or offices having custody of education records will develop procedures in accordance with WAC 132D-125-030 through 132D-125-100. Any supplementary regulations found necessary by departments will be filed with the college's records committee, which will be responsible for periodic review of policy and procedures.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-025, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-030 Access to education records.

(1) Except as provided in WAC 132D-125-035, each student at Skagit Valley College shall have access to his or her education records. The right of access shall include the right to inspect, review, and obtain copies of education records.

(2) The dean of administrative and student services shall prepare and maintain a list of the types of student education records which are maintained by Skagit Valley College.

(3) A student wishing access to his or her education records shall submit a written request for access to the dean of administrative and student services. A request for access shall be acted upon by the dean of administrative and student services within a reasonable period of time, not to exceed ten days.

(4) The dean of administrative and student services shall provide students for the college with an opportunity for reasonable access to education records, provided that the dean of administrative and student services shall be responsible for taking appropriate measures to safeguard and ensure the security and privacy of the institution's records while being inspected by students.

(5) The dean of administrative and student services will inform in writing a student who has requested access to his or her education records of the nature of any records which are being withheld from the student on the basis of the exceptions set forth in WAC 132D-125-080 and 132D-125-085. A student may challenge a decision by the dean of administrative and student services to withhold certain of the student's records by filing an appeal with the grievance review committee, WAC 132D-125-060.

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

(7) Students have the right to obtain copies of their education records. Charges for the copies shall not exceed the cost normally charged by the college (except in cases where charges have previously been board of trustee action for certain specified services), such as transcripts and grade sheets.

(8) The section shall not prohibit the college registrar from providing a student with a copy of the student's academic transcript without prior clearance from the dean of administrative and student services.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-030, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-035 Access to education records—Limitations on access.

(1) Skagit Valley College shall not make available to a student the following types of materials:

(a) The financial records of the student's parents or any information contained therein.

(b) Letters or statements of recommendation, evaluation, or comment which were provided to the college in confidence, either expressed or implied, prior to January 1, 1975, provided that such letters or statements shall not be used for purposes other than those for which they were originally intended.

(c) If a student has signed a waiver of the student's right of access in accordance with subsection (2) of this section, confidential records relating to the following:

(i) Admission to any educational agency or institution;

(ii) An application for employment; or

(iii) The receipt of an honor or honorary recognition.

(2) A student, or a person applying for admission to the college, may waive his or her right of access to the type of confidential records referred to in subsection (1)(c) of this section, provided that such waiver shall apply only if the student is, upon request, notified of the names of all persons making confidential recommendations, and such recommendations are used solely for the specific purpose for which the waiver has been granted. The college is not allowed to require such waivers as a condition for admission to, receipt of financial aid from, or receipt of other services or benefits from the college.

(3) If any material or document in the education record of a student includes information concerning more than one student, the student shall only have the right either to inspect and review that portion of the material or document which relates to the student or to be informed of the specific information contained in that portion of the material or document.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-035, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-040 Right to copy education records.

(1) The dean of administrative and student services shall, at the request of a student, provide the student with copies of the student's education records. The fees for providing such copies shall not exceed the actual cost to the university of providing the copies.

(2) Official copies of transcripts from other educational institutions, such as high school or other college transcripts, will not be provided to students by the college.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-040, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-045 Request for explanation or interpretation of record.

The dean of administrative and student services shall respond to reasonable requests for explanations or interpretations of the contents of student education records.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-045, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-050 Challenges—To content of education records—To release of education records—Or to denial of access to education records.

(1) Any student who believes that inaccurate, misleading, or otherwise inappropriate data is contained within his or her education records shall be permitted to have included within the record a written explanation by the student concerning the content of the records.

(2) A student shall have the right, in accordance with the procedures set forth in WAC 132D-125-055 and 132D-125-060, to:

(a) Challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the students;

(b) Have the opportunity to correct or delete inaccurate, misleading, or otherwise inappropriate data contained within education records;

(c) Challenge the release of education records to specific persons as contrary to the provisions of this chapter; and

(d) Challenge a decision by the college to deny the student access to particular types of records.

(3) A student shall not be permitted under this chapter to challenge the validity of grades given in academic courses, except on the grounds that, as a result of clerical error, the student's records fail to accurately reflect the grades actually assigned by an instructor.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-050, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-055 Challenges—Informal proceedings.

A student wishing to exercise the rights set forth in WAC 132D-125-050(2) shall first discuss with the dean of administrative and student services the nature of the corrective action sought by the student. Failing resolution, the student may seek formal corrective action under WAC 132D-125-030(5).

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-055, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-060 Challenges—Hearing before grievance review committee.

(1) If informal proceedings fail to resolve the complaint of a student, the student may file with the dean of administrative and student services a written request for a hearing before the grievance review committee of the college.

(2) Within a reasonable time after submission of a request for hearing, the student rights and responsibilities committee shall conduct a hearing concerning the student's request for corrective action.

The student and the college shall be given a full opportunity to present relevant evidence at the hearing before the student rights and responsibilities committee.

(3) If a student demonstrates that the student's education records are inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the student rights and responsibilities committee shall have authority to order the correction or deletion of inaccurate, misleading, or otherwise inappropriate data contained in the records.

(4) If a student demonstrates that the release of the student's education records would be improper under this chapter, the student rights and responsibilities committee shall have authority to order that the records not be released.

(5) If a student demonstrates that the student is entitled to access to particular documents under this chapter, the student rights and responsibilities committee shall have authority to order that the student be permitted access to the records.

(6) The decision of the student rights and responsibilities committee shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-060, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-070 Release of personally identifiable information or education records.

The college shall not permit access to or the release of a student's education records or personally identifiable information contained therein to any person without the written consent of the student, except as provided in WAC 132D-125-080, 132D-125-085, or 132D-125-090.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-070, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-075 Release of personally identifiable information or education records—Nature of consent required.

Where the consent of a student is required under WAC 132D-125-070 for the release of education records or personally identifiable materials contained therein, the student's consent shall be in writing, shall be signed and dated by the student, and shall include a specification of the records to be released, the reasons for such release, and the names of the parties to whom the records may be released.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-075, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-080 Release of personally identifiable information or education records—Exceptions to consent requirement.

(1) The college may permit the access to or release of a student's education records or personally identifiable information contained therein without the written consent of the student to the following parties:

(a) College officials, including faculty members, when the information is required for a legitimate educational purpose within the scope of the recipient's official responsibilities with the college and will be used only in connection with the performance of those responsibilities;

(b) Federal or state officials requiring access to education records in connection with the audit or evaluation of federally or state-supported educational programs or in connection with the enforcement of federal or state legal requirements relating to such programs. In such cases, the information required shall be protected by the federal or state officials in a manner which shall not permit the personal identification of students or their parents to other than those officials, and such personally identifiable data shall be destroyed when no longer needed for the purposes for which was provided;

(c) Agencies or organizations requesting information in connection with a student's application for, or receipt of, financial aid;

(d) Organizations conducting studies for or on behalf of the university for purposes of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction, if such studies are conducted in a manner which will not permit the personal identification of students by persons other than representatives of such organizations, and the information will be destroyed when no longer needed for the purposes for which it was provided.

(e) Accrediting organizations in order to carry out their accrediting functions;

(f) Any person or entity authorized by judicial order or lawfully issued subpoena to receive such records or information, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith by the college. Any college employee or official receiving a subpoena or judicial order for education records or personally identifiable information contained therein shall immediately notify the assistant attorney general representing the college; or

(g) An alleged victim of any crime of violence (as defined in 18 U.S.C. §16), so long as the information disclosed is the result of a disciplinary proceeding for the crime conducted by the college against the alleged perpetrator.

(2) Education records of a student or personally identifiable information contained therein which are released to third parties, with or without the consent of the student involved, shall be conditioned upon a written agreement indicating that the information cannot subsequently be released in a personally identifiable form to any other party without the written consent of the student involved.

(3) The college shall maintain a record, kept with the education records of each student, indicating all parties, other than those parties specified in subsection (1)(a) of this section, which have requested or obtained access to the student's education records, and indicating the legitimate interest that each such party has in obtaining the records or information contained therein. This record of access shall be available only to the student, to the employees of the college responsible for maintaining the records, and to the parties identified under subsection (1)(a) and (c) of this section.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-080, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-085 Release of information in emergencies.

(1) The dean of administrative and student services or his or her designee may, without the consent of a student, release the student's education records or personally identifiable information contained therein to appropriate parties in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

(2) The following factors should be taken into consideration in determining whether records may be released under this section:

(a) The seriousness of the threat to the health or safety of the student or other persons;

(b) The need for personally identifiable information concerning the student to meet the emergency;

(c) Whether the parties to whom the records or information are released are in a position to deal with the emergency; and

(d) The extent to which time is of the essence in dealing with the emergency.

(3) If the college, pursuant to subsection (1) of this section, releases personally identifiable information concerning a student without the student's consent, the college shall notify the student as soon as possible of the identity of the parties and to whom the records or information have been released and of the reasons for the release.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-085, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-090 Directory information.

(1) The college may release "directory information" concerning a student to the public unless the student requests in writing of the dean of enrollment services that the student's directory information not be released except as provided in WAC 132D-125-070, 132D-125-080, or 132D-125-085.

(2) The term "directory information" shall include information relating to the student's name; major field of study; enrollment status; dates of attendance; participation in recognized sports; degree or certificate earned; term degree or certificate awarded; honors.

History

• Statutory Authority: RCW 28B.50.140. WSR 21-15-106, § 132D-125-090, filed 7/20/21, effective 8/20/21
• WSR 94-01-028, § 132D-125-090, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-095 Destruction of student records.

Except as otherwise provided by law, the college shall not be prevented under this chapter from destroying all or any portion of a student's education records in accordance with established records retention schedules, provided that no education record to which a student has requested access shall be removed or destroyed by the college prior to providing the student with the requested access.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-095, filed 12/6/93, effective 1/6/94.

Wash. Admin. Code § 132D-125-100 Notification of rights under this chapter.

The college shall annually notify students currently in attendance of their rights under this chapter and the Family Educational Rights and Privacy Act.

The notice shall include a statement of the following student rights:

(1) Inspect and review his or her education records;

(2) Request an amendment of the education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;

(3) Allow or deny disclosures of personally identifiable information contained in the student's education records, except to the extent that these regulations and the regulations promulgated pursuant to the Family Educational Rights and Privacy Act allow;

(4) File a complaint with the United States Department of Education under 34 C.F.R. 99.64 concerning alleged failures by the college to comply with the requirements of the act;

(5) Access information concerning the cost to be charged for reproducing copies of the student's records; and

(6) Access a copy of the regulations in this chapter.

The notice shall indicate the places where copies of these regulations are located.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-125-100, filed 12/6/93, effective 1/6/94.

Chapter 132D-133 Organization.

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

(1) Organization. Skagit Valley College, Community College District No. 4, 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:

2405 E. College Way

Mount Vernon, WA 98273

The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. During the summer the college operates on an alternate schedule. Specific information is available through the college public information office and on the college website: www.skagit.edu. Educational operations are also located at the following addresses:

Whidbey Island Campus

1900 S.E. Pioneer Way

Oak Harbor, WA 98277

San Juan Center

221 Weber Way

Friday Harbor, WA 98250

Marine Technology Center

1606 R Avenue

Anacortes, WA 98221

Cardinal Craft Brewing Academy

15579 Peterson Road

Burlington, WA 98233

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

2405 E. College Way

Mount Vernon, WA 98273

History

• Statutory Authority: RCW 28B.50.140. WSR 21-12-033, § 132D-133-020, filed 5/25/21, effective 6/25/21. Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-133-020, filed 2/16/90, effective 3/19/90.

Chapter 132D-140 Policy on the use of college facilities.

Wash. Admin. Code § 132D-140-010 Use of college facilities.

Community College District No. 4 serves Skagit, Island and San Juan counties by providing continued educational opportunity for its citizens. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses which are of benefit to the general public; provided, that such general uses do not interfere with the educational mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-010, filed 2/22/89.

Wash. Admin. Code § 132D-140-020 Limitation of use to school activities.

When allocating use of college facilities, top priority shall always be given to activities specifically related to the college's mission. No arrangements shall be made that may interfere with or operate to the detriment of, the college's own teaching, research, or public service programs. In particular, the college buildings, properties, and facilities, including those assigned to student programs, shall be used primarily for:

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

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

(3) 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.

(4) 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 sponsorship and active participation.

(5) 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.

(6) College facilities shall be assigned to student organizations for regular business meetings, social functions and for programs open to the public. Any recognized campus student organization may invite speakers from outside the college community. In conformance with state guidelines, the appearance of an invited speaker on campus does not represent an endorsement by the college, its students, faculty, administration, or the board of trustees, whether implicit or explicit, of the speaker's views.

(7) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to insure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Arrangements by both organizations and individuals must be made through the designated administrative officer. Allocation of space shall be made in accordance with college regulations and on the basis of time, space, priority of request and the demonstrated needs of the applicant.

(8) The college may restrict an individual's or a group's use of college facilities if that person or group has, in the past, physically abused college facilities. Charges may be imposed for damage or for any unusual costs for the use of facilities. The individual, group or organization requesting space will be required to state in advance the general purpose of any meeting.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-020, filed 2/22/89.

Wash. Admin. Code § 132D-140-030 Statement of intentions.

The college neither intends nor desires to compete with any local agency or private enterprise in making its facilities available to the community. Privately operated facilities exist which are well qualified to best meet many community needs. The college encourages the community to patronize local businesses or agencies. With this approach, the college hopes to work cooperatively with local private enterprise to the mutual benefit of all concerned.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-030, filed 2/22/89.

Wash. Admin. Code § 132D-140-040 General policies limiting use.

(1) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities or forums.

(2) Religious groups shall not, under any circumstances, use the college facilities as a permanent meeting place. Use shall be intermittent only.

(3) The college reserves the right to prohibit the use of college facilities by groups which restrict membership or participation in a manner inconsistent with the college's commitment to nondiscrimination as set forth in its written policies and commitments.

(4) Activities of a political or commercial 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 the rooms or facilities to which access has been granted.

(5) These general policies shall apply to recognized student groups using college facilities.

(6) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful may be distributed only in designated areas on the campus where, and at times when, such distribution shall not interfere with the orderly administration of the college affairs or the free flow of traffic. Any distribution of materials as authorized by the designated administrative officer and regulated by established guidelines shall not be construed as support or approval of the content by the college community or the board of trustees.

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

(8) No person or group may use or enter onto college facilities having in their possession firearms, even if licensed to do so, except commissioned police officers as prescribed by law.

(9) The right of peaceful dissent within the college community shall be preserved. The college retains the right to insure the safety of individuals, the continuity of the educational process, and the protection of property. While peaceful dissent is acceptable, violence or disruptive behavior is an illegitimate means of dissent. Should any person, group or organization attempt to resolve differences by means of violence, the college and its officials need not negotiate while such methods are employed.

(10) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits.

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

(12) If a college facility abuts a public area or street, and if student activity, although on public property, unreasonably interferes with ingress and egress to college buildings, the college may choose to impose its own sanctions although remedies might be available through local law enforcement agencies.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-040, filed 2/22/89.

Wash. Admin. Code § 132D-140-050 Administrative control.

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

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-050, filed 2/22/89.

Wash. Admin. Code § 132D-140-060 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 his or her 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 under the provisions of chapter 9A.52 RCW.

(2) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in 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. Remaining on or reentering district property after one's license or privilege to be on that property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-060, filed 2/22/89.

Wash. Admin. Code § 132D-140-070 Prohibited conduct at college facilities.

(1) State law relative to public institutions governs the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful drugs or narcotics, not medically prescribed, on college property or at college functions, is prohibited. Students obviously under the influence of intoxicants, unlawful drugs or narcotics while in college facilities shall be subject to disciplinary action.

(2) The use of tobacco is restricted in accordance with published policy.

(3) Destruction of property is also prohibited by state law in reference to public institutions.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-070, filed 2/22/89.

Wash. Admin. Code § 132D-140-080 Control of pets in college facilities.

Pets are not permitted in campus buildings or on the grounds except guide or service dogs for the visually or hearing impaired as provided in chapter 70.84 RCW.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-06-012 (Order 89-01), § 132D-140-080, filed 2/22/89.

Wash. Admin. Code § 132D-140-090 Smoking on campus.

Skagit Valley College desires to provide a healthful environment for its students, staff, and guests. Smoking shall not be permitted in college buildings or vehicles.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-01-028, § 132D-140-090, filed 12/6/93, effective 1/6/94.

Chapter 132D-150 Code of student conduct.

Wash. Admin. Code § 132D-150-010 Authority.

The Skagit Valley College board of trustees, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. The president is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president for student services or designee. 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 26-08-026, s 132D-150-010, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-010, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-010, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-010, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-020 Statement of jurisdiction.

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

(a) On college premises;

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

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

(2) Jurisdiction extends to locations in which students are engaged in official college programs or activities including, but not limited to, college-sponsored housing, foreign or domestic travel, activities funded by the associated students, student government, student clubs or organizations, athletic events, training internships, cooperative and distance education, on-line 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 actual enrollment.

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

(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 26-08-026, s 132D-150-020, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-020, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-020, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-020, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-030 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) "Calendar day" means days on the calendar including weekends and holidays.

(3) "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.

(4) "Complainant" is a student, employee, or another member of the college community who was participating or attempting to participate in college programs and activities at the time of the alleged violation, and who is directly affected by a claimed violation of this student conduct code. The complainant may be the reporting party, but not necessarily; witnesses or other third parties may file complaints alleging a violation of the student conduct code. A complainant who is directly affected by a claimed violation of this student conduct code is afforded certain rights including, but not limited to:

(a) The right to be informed of all orders issued in the disciplinary case in which the person is a complainant; or

(b) The right to appeal a disciplinary decision or dismissal of their complaint; and

(c) The right to be accompanied by an advisor, who may be an attorney retained at complainant's cost.

(5) "Conduct review officer" is a college administrator designated by the president to be responsible for receiving and for reviewing or referring appeals of student disciplinary actions in accordance with the procedures of this code.

(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.

(7) "Disciplinary appeal" is the process by which an aggrieved party can appeal the discipline imposed or recommended by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or a dismissal are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed 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) By sending the document by email and/or first-class mail to the specified college official's office and college email address.

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

(9) "Pregnancy or related conditions" means:

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

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

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

(10) "President" is the president of the college. The president is authorized to delegate any of their responsibilities as set forth in this chapter as may be reasonably necessary, and reassign any and all duties or responsibilities as set for this chapter as may be reasonably necessary.

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

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

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

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

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

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

(14) "Sexual misconduct" includes prohibited conduct by a student including, but not limited to, sexual harassment, sexual assault, sexual exploitation, indecent exposure, dating violence, or domestic violence. Sex harassment prohibited by Title IX is defined in the supplemental Title IX procedures to this code. See WAC 132D-150-500. Sex harassment or sexual misconduct that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

(15) "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.

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

(17) "Student employee" means an individual who is both a student and an employee of the college. When a complainant or 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 occurred while the individual was performing employment-related work.

(18) "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.

(19) "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 the deadlines and other course-related adjustments; campus escort services; increased security and monitoring of a 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; modified on-campus employment schedule or location; restrictions on access to portions of campus including, but not limited to, on-campus housing; and training and education programs related to sexual harassment.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-030, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-030, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-030, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-030, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-040 Statement of student rights.

(1) 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.

(2) 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:

(a) Academic freedom.

(i) 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.

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

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

(iv) Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and any and all harassment, including sexual discrimination. If a student believes they have been unfairly treated by an officer of the college, faculty member, or a member of the college staff in a matter relating to their academic performance, evaluation, grade complaint, or general complaints that are not of protected class, the student should follow the academic complaint procedures outlined in SVC policy 5705: Student complaints.

(b) Due process.

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-040, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-040, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-040, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-050 Prohibited student conduct.

The college may impose disciplinary sanctions against a student or a college-sponsored student organization, athletic team, or living group, who commits, attempts to commit, 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 the 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; and

(c) Does not include self-neglect.

(3) Abuse of the student conduct process.

(a) Abuse of the student conduct process includes:

(i) Attempting to influence the impartiality or participation of any decision maker including a student conduct officer, conduct review officer, or presiding student conduct committee member;

(ii) Influencing or attempting to influence another person to commit an abuse of the student conduct process;

(iii) Harassment or intimidation of any participant in the student conduct process; or

(iv) Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in the conduct process.

(b) This provision does not apply to reports made or information provided in good faith, even if the respondent is ultimately found not responsible in the conduct proceeding.

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

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

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

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

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

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

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

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

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

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

(6) Alcohol, drug, and tobacco violations.

(a) Alcohol. The 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.

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

(c) 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.

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

(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) 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, or 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.

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

(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 his or her 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, or pervasive such that it could reasonably be expected to create an intimidating, hostile, or offensive environment, or has the purpose or effect of unreasonably interfering with a person's academic or work performance, or a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities.

(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. Any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with, or maintenance of membership in a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person, 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. Examples of hazing include, but are not limited to:

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

(b) Humiliation by ritual act;

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

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

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

(f) Whipping, beating, striking, electronic shocking, placing a harmful substance on someone's body, or similar activity; or

(g) Any activity that includes a criminal violation of federal, state, local, or tribal law.

(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) Lewd conduct. Conduct which is:

(a) Lewd. Involving sexual conduct that is considered indecent or offensive.

(b) Obscene. Offensive, rude, or shocking, usually because of being too obviously related to sex or showing sex.

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

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

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

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

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

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

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

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

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

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

(17) Obstruction or disruption. Obstruction or disruption of:

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

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

(18) 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.

(19) 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.

(20) 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.

(21) Sexual misconduct. The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence. Sex discrimination prohibited by Title IX is defined in the supplemental Title IX procedures of this code of student conduct. See WAC 132D-150-355 through 132D-150-585. Sex discrimination or sexual misconduct that does not fall within Title IX may still be a violation of this student conduct code and addressed in accordance with the procedures in this student conduct code.

(a) Sexual harassment. The term "sexual harassment" is a form of discrimination and means unwelcome sexual or gender-based conduct, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual or gendered nature that is sufficiently serious as to deny or limit an individual's ability to participate in the college's educational programs or activities, including the following conduct:

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

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

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

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

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

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

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

(b) Sexual violence. The term "sexual violence" includes nonconsensual sexual intercourse, nonconsensual sexual contact, incest, statutory rape, domestic violence, dating violence, and stalking.

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

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

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

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

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

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

(A) The length of the relationship;

(B) The type of relationship; and

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

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

(viii) Consent means knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

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

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

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

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

(22) 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.

(23) Unauthorized recording. The following conduct is prohibited:

(a) Making audio, video, digital recordings, live streams, or photographic images of a person without that person's consent in a location where that person has a reasonable expectation of privacy (e.g., counseling center, restroom, or residence hall room or hallway).

(b) Storing, sharing, publishing, or otherwise distributing such recordings or images by any means.

(c) The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation or Title IX supportive measure.

(24) 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.

(25) 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 in conjunction with college programs 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 26-08-026, s 132D-150-050, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-050, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.10.901 and 28B.10.902. WSR 23-19-024, § 132D-150-050, filed 9/10/23, effective 10/11/23. Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-050, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-070 Corrective action—Disciplinary sanctions—Terms and conditions.

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.

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

(2) 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.

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

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

(5) Dismissal. The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the dismissal is imposed. 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, designated 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 may be deemed "not in good standing" with the college. If so, the student shall be subject to the following restrictions:

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

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

(d) No contact directive. A directive to a student to have no contact with a specified individual, whether another student, college employee, or a member of the college community, or prohibiting a student from entering a particular college facility or participating in specified college programs or activities.

(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.

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

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

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 or readmission to the college.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-070, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-070, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-070, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-080 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 anti-hazing policies, or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual assault, or physical assault will be disclosed in a public report issued by the college setting forth the name of the student group, the date the investigation began, the date the investigation ended, a finding of responsibility, a description of the incident(s) giving rise to the finding, and the details of the sanction(s) imposed.

(5) Any student who is found responsible for engaging, participating, or conspiring to participate in hazing may be sanctioned in accordance with this student conduct code.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-080, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-080, filed 12/12/24, effective 1/12/25.

Wash. Admin. Code § 132D-150-090 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.

(3) 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.

(4) 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.

(5) 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.

(a) Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent.

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

(6) 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.

(7) Both the respondent and the complainant, when applicable, shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the disciplinary process and to appeal any disciplinary decision.

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

(9) 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.

(10) 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.

(11) 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 his or her decision, the specific student conduct code provisions found to have been violated, the discipline imposed, if any, and a notice of any appeal rights with an explanation of the consequences of failing to file a timely appeal. This period may be extended at the sole discretion of the student conduct officer, if additional information is necessary to reach a determination. The student conduct officer will notify the parties of any extension period and the reason therefore.

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

(a) Exonerate the respondent and terminate the proceedings.

(b) Impose a disciplinary sanction(s), as described in WAC 132D-150-070.

(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 26-08-026, s 132D-150-090, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-090, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-090, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-090, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-110 Appeal from disciplinary action.

(1) The respondent, and when applicable a complainant, may appeal a disciplinary decision by filing a written notice of appeal with the conduct review 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 or complainant is seeking review.

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

(4) A respondent, and when applicable a complainant, 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 disciplinary action, and any sanction by a preponderance of the evidence.

(6) Imposition of a 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

(c) Written reprimands; 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;

(c) Sexual misconduct cases; and

(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 26-08-026, s 132D-150-110, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-110, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-110, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-110, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-120 Conduct holds on student records.

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-01-077, s 132D-150-120, filed 12/12/24, effective 1/12/25.

Wash. Admin. Code § 132D-150-125 Amnesty policy.

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 25-01-077, s 132D-150-125, filed 12/12/24, effective 1/12/25.

Wash. Admin. Code § 132D-150-130 Brief adjudicative proceedings authorized.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494. Brief adjudicative proceedings shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the president, or a designee, in regard to:

(1) Parking violations.

(2) Outstanding debts owed by students or employees.

(3) Use of college facilities.

(4) Residency determinations.

(5) Use of library - Fines.

(6) Challenges to contents of education records.

(7) Loss of eligibility for participation in institution sponsored athletic events.

(8) Student conduct appeals involving the following disciplinary actions:

(a) Suspensions of ten instructional days or less;

(b) Disciplinary probation;

(c) Written reprimands;

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

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

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

(ii) Issues a verbal warning to respondent.

(9) Appeals of decisions regarding mandatory tuition and fee waivers.

Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

History

• Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-130, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-150 Brief adjudicative proceedings—Initial hearing.

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

(2) The parties to a brief adjudicative proceeding are the respondent, the student conduct officer. 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 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 26-08-026, s 132D-150-150, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-150, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-150, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-150, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-170 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the president, provided the respondent 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.

(3) During the review, the president shall give each party 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 26-08-026, s 132D-150-170, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-170, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-170, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-170, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-190 Brief adjudicative proceedings—Agency record.

The agency record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.

History

• Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-190, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-210 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;

(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 for disqualification of a committee member.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-210, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-210, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-210, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-230 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 no 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;

(c) The alleged violation(s);

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

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

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

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

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

(7) The student conduct officer, upon request, shall provide reasonable assistance to the respondent and complainant in 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) For any matters involving a disciplinary sanction of suspension of more than one quarter or dismissal, the college shall provide an advisor to the respondent and any complainant, if they have not otherwise identified an advisor to assist them during the hearing. 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.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-230, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-230, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-230, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-230, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-250 Student conduct committee hearings—Presentations of evidence.

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

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

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

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

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

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

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

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

(7) 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 26-08-026, s 132D-150-250, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-250, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-250, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-250, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-270 Student conduct committee—Initial decision.

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

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

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

(4) The committee chair shall cause copies of the initial decision to be served on the parties and their attorney, if any. 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 26-08-026, s 132D-150-270, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-270, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-270, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-270, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-290 Appeal from student conduct committee review of initial decision.

(1) Any party, including a complainant when applicable, 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 26-08-026, s 132D-150-290, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-290, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-290, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-290, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-310 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

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

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

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

(a) The reasons for imposing the summary suspension, including a description of the conduct giving rise to the summary suspension and reference to the provisions of the student 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 the respondent that their privilege to enter into or remain on college premises has been withdrawn, that the respondent shall be considered trespassing and subject to arrest for criminal trespass if the respondent enters the college campus other than to meet with the 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 26-08-026, s 132D-150-310, filed 3/23/26, effective 4/23/26
• WSR 25-01-077, s 132D-150-310, filed 12/12/24, effective 1/12/25. Statutory Authority: RCW 28B.50.150. WSR 21-13-151, § 132D-150-310, filed 6/22/21, effective 7/23/21
• WSR 16-04-102, § 132D-150-310, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-330 Classroom misconduct and authority to remove for no more than one day.

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-330, filed 3/23/26, effective 4/23/26. Statutory Authority: RCW 28B.50.150. WSR 16-04-102, § 132D-150-330, filed 2/2/16, effective 3/4/16.

Wash. Admin. Code § 132D-150-355 Supplemental sexual misconduct procedures.

Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision making process and to appeal any disciplinary decision. Application of the following procedures is limited to student conduct code proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132D-150-005 through 132D-150-080. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-355, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-375 Supplemental definitions.

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

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

(2) "Sexual misconduct" has the meaning ascribed to this term in WAC 132D-150-030.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-375, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-395 Supplemental complaint process.

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-395, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-415 Supplemental appeal rights.

(1) The following actions by the student conduct officer may be appealed by the complainant:

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

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

(2) A complainant may appeal a disciplinary decision by filing a notice of appeal with the conduct review officer within 21 days of service of the notice of the discipline decision provided for in WAC 132D-150-395. The notice of appeal may include a written statement setting forth the grounds of appeal. Failure to file a timely notice of appeal constitutes a waiver of this right and the disciplinary decision shall be deemed final.

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

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

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

(a) Exoneration and dismissal of the proceedings;

(b) A disciplinary warning;

(c) A written reprimand;

(d) Disciplinary probation;

(e) Suspensions of 10 instructional days or less; and/or

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

(6) An appeal by a complainant from disciplinary action imposing a suspension in excess of 10 instructional days or an expulsion shall be reviewed by the student conduct committee.

(7) For such appeals that involve sexual misconduct allegations, the student conduct committee shall consist of three members:

(a) Two faculty members appointed by the president;

(b) 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.

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

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

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

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

(12) Complainant may appeal the student conduct committee's initial decision to the president subject to the same procedures and deadlines applicable to other parties.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-415, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-505 Order of precedence.

This supplemental procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. Part 106. To the extent these supplemental hearing procedures conflict with the Skagit Valley College's standard disciplinary procedures, WAC 132D-150-010 through 132D-150-415, these supplemental procedures shall take precedence.

Skagit Valley College may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-505, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-515 Prohibited conduct under Title IX.

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-515, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-525 Title IX jurisdiction.

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

(a) Occurred in the United States;

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

(c) Meets the definition of "sexual harassment" as that term is defined in this supplemental procedure.

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

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the college from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the college's student conduct code, WAC 132D-150-010 through 132D-150-415.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-525, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-535 Initiation of discipline.

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

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

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

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

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

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

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

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

(ii) An advisor may be an attorney; and

(iii) The college will appoint an advisor of the college's choosing at no cost to the party, if the party fails to do so; 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 26-08-026, s 132D-150-535, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-545 Prehearing procedure.

(1) Upon receiving the disciplinary notice, the chair of the student conduct committee will send a hearing notice to all parties, in compliance with WAC 132D-150-230. In no event will the hearing date be set less than 10 business days after the Title IX coordinator provided the final investigation report to the parties.

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-545, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-555 Rights of parties.

(1) The college's student conduct procedures, WAC 132D-150-010 through 132D-150-415 and this supplemental procedure shall apply equally to all parties.

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-555, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-565 Evidence.

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

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

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

(b) 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:

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

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

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

(2) 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.

(3) 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;

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

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

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

(f) Other legal privileges identified in RCW 5.60.060.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-565, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-575 Initial order.

In addition to complying with WAC 132D-150-270, the student conduct committee will be responsible for conferring and drafting an initial order that:

(1) Identifies the allegations of sexual harassment;

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

(3) Makes findings of fact supporting the determination;

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

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

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-575, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 132D-150-585 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 or their delegate within 21 calendar days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions in the initial order or notice of dismissal that the appealing party is challenging and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the initial order or notice of dismissal shall be deemed final.

(2) Upon receiving a timely appeal, the president's office or their delegate 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 or their delegate 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 or their delegate shall serve copies of the responses to the other parties.

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

(4) The president or their delegate, based on their review of the 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) The president's office shall serve the final decision on the parties simultaneously.

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

History

• Statutory Authority: RCW 28B.50.140(13). WSR 26-08-026, s 132D-150-585, filed 3/23/26, effective 4/23/26.

Chapter 132D-276 Access to public records.

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

The purpose of this chapter is to ensure that Community College District No. 4 complies with the provisions of chapter 42.17 RCW, Disclosure—Campaign finances—Lobbying—Records; and in particular with sections 250 through 340 of that chapter, dealing with public records.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-010, filed 5/11/89.

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

(1) Public records. "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics: Provided, however, that the personal and other records cited in RCW 42.17.310 are exempt from definition of public record.

(2) Writing. "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

(3) Community College District No. 4. "Community College District No. 4 (Skagit Valley College)" is an agency organized by statute pursuant to RCW 28B.50.040. Community College District No. 4 shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-020, filed 5/11/89.

Wash. Admin. Code § 132D-276-030 Description of central and field organization of Community College District No. 4.

(1) Community College District No. 4 is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the Skagit Valley campus within the city of Mount Vernon, Washington. The Mount Vernon campus likewise comprises the central headquarters for all operations of the district. Field activities for the Whidbey Branch of the district are administered by personnel located at the Whidbey Branch in Oak Harbor, Washington; all other field activities of the district are directed and administered by personnel located on the campus at Mount Vernon.

(2) The district is operated under the supervision and control of a board of trustees. The board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 132D-104-020. The board of trustees employs a president, an administrative staff, members of the faculty and other employees. The board of trustees takes such actions and promulgates such rules, regulations, and policies in harmony with the rules and regulations established by the state board for community college education, as are necessary to the administration and operation of the district.

(3) The president of the district is responsible to the board of trustees for the operation and administration of the district. A detailed description of the administrative organization of the district is contained within the Policies and Procedures Manual for Community College District No. 4, a current copy of which is available for inspection at the administrative office of the district.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-030, filed 5/11/89.

Wash. Admin. Code § 132D-276-040 Operations and procedures.

(1) Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 28B.19 RCW, the Higher Education Administration Procedure Act (HEAPA), and chapter 34.05 RCW, the Administrative Procedure Act.

(2) Informal decision-making procedures at the college, as established by the board of trustees, are set forth in the Policies and Procedures Manual of Community College District No. 4, a current copy of which is available for inspection at the administrative office of the district.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-040, filed 5/11/89.

Wash. Admin. Code § 132D-276-050 Public records available.

All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-050, filed 5/11/89.

Wash. Admin. Code § 132D-276-060 Public records officer.

The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. The person so designated shall be located in the district administrative office. The public records officer shall be responsible for the following: Implementation of the district's rules and regulations regarding release of public records, coordinating the district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.17 RCW.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-060, filed 5/11/89.

Wash. Admin. Code § 132D-276-070 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays and holidays established by the college calendar.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-070, filed 5/11/89.

Wash. Admin. Code § 132D-276-080 Requests for public records.

In accordance with the requirements of RCW 42.17.290 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the district which shall be available at the district administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the district's staff at the district administrative office during customary office hours. The request shall include the following information:

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

(b) The time of day and calendar date on which the request was made;

(c) The nature of the request;

(d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

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

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-080, filed 5/11/89.

Wash. Admin. Code § 132D-276-090 Charges for public records.

Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

History

• Statutory Authority: RCW 28B.50.150. WSR 17-24-078, § 132D-276-090, filed 12/5/17, effective 1/5/18. Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-090, filed 5/11/89.

Wash. Admin. Code § 132D-276-100 Determination regarding exempt records.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132D-276-080 is exempt pursuant to the provisions set forth in RCW 42.17.310 and 42.17.315. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.

(2) Pursuant to RCW 42.17.260, the district reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy; Provided, however, in each case, the justification for the deletion shall be explained fully in writing.

(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the person requesting the public record is notified within two business days as to whether his request for a public record will be honored.

(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or his/her designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-100, filed 5/11/89.

Wash. Admin. Code § 132D-276-110 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the district, or his or her designee.

(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president of the district, or his or her designee, shall complete such review.

(4) During the course of the review the president or his or her designee shall consider the obligations of the district fully to comply with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider both the exemptions provided in RCW 42.17.310 through 42.17.315, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-110, filed 5/11/89.

Wash. Admin. Code § 132D-276-120 Protection of public records.

Requests for public records shall be made at the administrative office of the district in Mount Vernon, Washington. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 132D-276-090.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-120, filed 5/11/89.

Wash. Admin. Code § 132D-276-130 Records index.

(1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after June 30, 1972:

(a) Final options, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

(c) Administrative staff manuals and instructions to staff that affect a member of the public;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(2) The current index maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-130, filed 5/11/89.

Wash. Admin. Code § 132D-276-140 Adoption of form.

The district hereby adopts for use by all persons requesting inspection and/or copying or copies of its records the following form:

REQUEST FOR PUBLIC RECORD TO

COMMUNITY COLLEGE DISTRICT NO. 4

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-024 (Order 89-07), § 132D-276-140, filed 5/11/89.

Chapter 132D-315 Students with disabilities policy.

Wash. Admin. Code § 132D-315-005 Students with disabilities policy.

(1) Policy statement. No student shall, on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any college program or activity. Skagit Valley College is committed to providing qualified students with a disability an equal opportunity to access the benefits, rights, and privileges of college services, programs and activities, in the most integrated setting appropriate to the student's needs, in compliance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and chapter 105, Laws of 1994.

Skagit Valley College is committed to providing reasonable accommodations, including core services, to qualified students with disabilities. The purpose of this policy is to identify the rights and responsibilities of students under ADA/504 and to establish clear guidelines for seeking and receiving reasonable accommodations.

To receive reasonable accommodations, students are responsible for requesting accommodations and documenting the nature and extent of their disability in a timely manner. This policy establishes the scope of and the procedures for requesting those accommodations.

(2) Scope. Reasonable accommodations under this policy include, but are not limited to:

(a) Academic adjustments, such as modification of academic requirements and flexibility in test-taking arrangements;

(b) Adjustments in nonacademic services and other rules; and

(c) Auxiliary aids and services.

Skagit Valley College will make those modifications to its academic requirements that:

(i) Are necessary to ensure that those requirements do not discriminate, or have the effect of discriminating, against a qualified student with a disability based on that disability; and

(ii) Do not impose an undue hardship on the college or require alteration of essential program requirements.

Appropriate academic adjustments/reasonable accommodations will be provided to qualified students with disabilities for recruitment, the application process, enrollment, registration, financial aid, course work, academic counseling, nonacademic programs and services.

Section 202 of the 1990 Americans with Disabilities Act states:

No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in or be denied the benefits of the services, programs or activities of any public entity, or be subject to discrimination by any such entity.

Section 504 of the Rehabilitation Act states:

No otherwise qualified, handicapped individual in the United States shall solely, by reasons of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

(3) Definitions. "Reasonable accommodations" in college programs and services, are modifications of those programs, policies, practices, and procedures that enable qualified students with a disability to have an equal opportunity to benefit from and have access to college programs and services and providing auxiliary aids and services.

"Student" is a person enrolled at the college.

A "qualified student with a disability" is one who, with or without reasonable accommodations, meets the academic and technical standards required for admission to, participation in, and/or fulfilling the essential requirements of college programs or activities.

A "student with a disability" is a student who:

(a) Has a physical, mental or sensory impairment that substantially limits one or more of his/her major life activities;

(b) Has a record of such an impairment; or

(c) Is perceived to have such an impairment.

A "learning disability specialist" is a person with a masters degree in special education/learning disabilities.

"Undue hardship" is any excessively costly, extensive, substantial or disruptive modification or one that would substantially alter the nature or operation of the institution or any of its programs or services or threaten the health or safety of the college community.

"Program accessibility" means that all programs and services, when viewed in their entirety, are accessible to persons with a disability.

"Core services" are those services listed in chapter 105, Laws of 1994, that are necessary to ensure students with disabilities are reasonably accommodated at the college.

"Course substitution" is the replacement of a specific course required for a degree program with another course that measures the same learning objectives/skills as the required course.

Disabled student services office and disabled student services coordinator serve district-wide functions.

(4) Obligations of the college. Skagit Valley College shall:

(a) Comply with Section 504 of the Rehabilitation Act of 1973 and Section 202 of the Americans with Disabilities Act of 1990, as amended.

(b) Notify students of the college's policy of nondiscrimination on the basis of disability and of steps the student may take if he/she believes discrimination has taken place. This notice shall be included in all formal correspondence that communicates decisions or policies adversely affecting the student's status or rights with the institution of higher education. This notice shall include the phone numbers of the United States Department of Education, U.S. Office of Civil Rights, and the Washington state human rights commission.

(c) Make available to all students information on the services available to disabled students, including the name and location of the disabled student services coordinator, and the process for accessing those services.

(d) Work with the student, faculty, and staff on a case-by-case basis, to select and provide those accommodations/core services appropriate for each qualified student with a disability.

(e) Develop procedures to protect the confidentiality of information regarding the nature and extent of the documented disability.

(f) Maintain the academic integrity of its program.

(g) Not make preadmission inquiry as to whether the applicant has a disability, except as provided by law.

(h) Work collaboratively with eligible students to determine what accommodations are reasonable and appropriate. The college may require specific documentation from the student's physician to identify the accommodations that are reasonable based on the nature and extent of a student's disability.

(5) Obligations and rights of students. The college is obligated to provide reasonable accommodation to a qualified student with known disability. What is appropriate for a student is a case-by-case determination. A student who seeks accommodation under this policy is responsible for documenting the nature and extent of the disability. The college will work collaboratively with the student in determining the appropriate accommodations.

To ensure that needed accommodations are provided in a timely manner, the student shall:

(a) Provide timely notice and documentation of the nature and extent of the disability, and the accommodations requested, to the disabled student services coordinator. Some accommodations may require some time to arrange. Requests for accommodations should be received by the college six weeks prior to the beginning of the quarter for which the request is made, when possible. Lack of advance notice may delay the availability of an accommodation.

(b) Provide such additional documentation on the nature and extent of their disability as the college may require to determine appropriate accommodations. Such documentation may include, but is not limited to, identification of tests administered, test results, description of the covered disability, and recommended accommodations.

(c) Cooperate with the disabled student services coordinator to develop an appropriate curriculum plan and reasonable accommodations.

(d) Promptly notify the disabled student services coordinator of any problems encountered in receiving the agreed-upon accommodations.

(6) Disabled student services office. The disabled student services office is responsible for the coordination of services to qualified students with disabilities requiring reasonable accommodations.

The disabled student services office is committed to a reasonable approach in the identification of students with disabilities, including contacting all students who voluntarily self-identify during the college admission or orientation process.

Information regarding a disability will be kept confidential unless the student signs a release of information form.

The office will assist and advise each qualified student with a disability who requests accommodations under this policy in developing an instructional plan, identifying those reasonable accommodations appropriate for the student, and ensuring that the agreed-upon accommodations are provided.

(7) Reasonable accommodations—Examples by categories. The process of selecting reasonable accommodations 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 disability.

(8) Academic modifications. Academic modifications may include, but are not limited to:

(a) Flexibility in timeliness for completion of courses, certification, and degree requirements;

(b) Substitution of specific courses required for the completion of degrees;

(c) Adaptation of the manner in which specific courses are conducted;

(d) Flexibility in teaching methods and test-taking arrangements;

(e) Flexibility in credits required to satisfy institutional eligibility.

(9) Auxiliary aids and services.

(a) Flexible procedures in the admissions process, (early registration or priority registration);

(b) Qualified sign language, oral and tactile interpreters, or other technological alternatives;

(c) Access to adaptive equipment including, but not limited to TDDs, FM communicators, closed caption devices, amplified telephone receivers, closed circuit televisions, low-vision reading aids, player/recorders for 15/16 4-track tapes, photocopy machine able to use eleven-by-seventeen inch paper, braille devices and computer enhancements;

(d) Textbooks and other educational materials in alternative media, including, but not limited to large print, braille, electronic format, and audio tape;

(e) Provision of readers, notetakers, and/or proofreaders; and

(f) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general distribution and access beyond the regular classroom session to slides, films, overheads, and other media, and taping of lectures.

(10) Access.

(a) Ongoing review and coordination of efforts to ensure campus accessibility, including barrier-free design, signage, identification of hazards of mobility barriers, maintenance of access during construction, snow and ice clearance, and adequate disability parking for all facilities;

(b) Facilitating physical access to programs and services including relocating classes, activities, and services to accessible facilities;

(c) Referral to appropriate on-campus and off-campus resources, services and agencies; and

(d) Accessibility to tutoring, mentoring, peer counseling, and academic advising, if available on campus, for students with disabilities.

(11) Procedures for course substitutions and waivers.

Policy. Skagit Valley College recognizes that certain disabilities may preclude a student from successfully completing a specific course requirement for a degree (for example, math) even with appropriate accommodations. Skagit Valley College recognizes its obligation to accommodate disabled students without compromising the integrity of the academic program.

Under the ADA, the college is not required to waive essential requirements of a student's program of instruction. Therefore, every student enrolled in a degree program at the college is required to meet the essential requirements of the degree program.

Skagit Valley College recognizes that altered methods of course delivery and/or providing core services will enable most disabled students to successfully complete course requirements, except in unusual circumstances. Therefore, disabled students will attempt to successfully complete required courses with accommodations.

If a student is unsuccessful in completing a course, that student may request course substitution under this policy. Waivers of degree program requirements will be rarely given, and then only after students have attempted, with appropriate reasonable accommodations, to meet those requirements.

(12) Procedure for requesting course substitution.

(a) Course substitutions will be approved only when such substitution is consistent with the essential degree requirements.

(b) Requests for substitution for a required course shall be considered only when a qualified student with a disability has demonstrated that, even with academic adjustments and auxiliary aids/services provided by the college, he or she is unable to successfully complete the course solely because of his/her disability.

(c) All requests for course substitution shall be submitted to the disabled student services coordinator in a timely manner and shall include the following information:

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

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

(iii) The proposed substitute course, if known;

(iv) A statement by the student that he/she has made a good faith effort to complete the required course with appropriate accommodations;

(v) A statement from a medical, psychological or learning disabilities specialist who works in the field of the disability which makes this request for substitution necessary; and

(vi) A release signed by the student, authorizing the department chair, appropriate dean or associate dean, and vice president of educational services to review the documentation on the student's disability and to contact the evaluating doctor, psychologist, or learning disabilities specialist.

(d) The disabled student services coordinator shall forward the request, with documentation through the appropriate approval process as designated below.

(13) Waiver/substitution committee.

(a) All requests for course substitutions/waivers shall be submitted through Skagit Valley College's formal waiver process. This process consists of obtaining approval from the appropriate department chair, dean or associate dean and the vice president of educational services.

(b) Request for a course substitution shall be approved if the proposed substitution meets the learning objective of the degree requirement.

(c) The appropriate dean or associate dean shall respond in writing to all requests for course substitutions within two weeks of receiving the request. The response shall include a brief summary of the basis for the decision.

(14) Waiver of degree requirements. Requests for waiver of a program requirement will only be considered when the course substitution is not successful. The waiver request shall be considered in the same manner as provided above.

(15) Reasonable accommodation—disputes.

(a) If a student believes that the disabled student services coordinator has not identified or provided reasonable academic adjustments or auxiliary aids, that student may seek review of the coordinator's actions by the dean of guidance and special populations.

(b) The student will submit the appeal to the dean of guidance and special populations. The dean will review the student's position, and respond within five days.

(c) If resolution is not reached the dean will refer the appeal to the formal grievance process.

(d) The decision of the grievance committee is the final decision of the institution.

History

• Statutory Authority: RCW 28B.50.140. WSR 96-01-077, § 132D-315-005, filed 12/18/95, effective 1/18/96.

Chapter 132D-325 State Environmental Policy Act rules.

Wash. Admin. Code § 132D-325-010 Implementation of State Environmental Policy Act.

(1) It shall be the policy of Community College District No. 4 that all actions taken by the district shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), chapters 197-10 [197-11] and 132-24 WAC, as presently enacted or hereafter amended.

(2) The president of Community College District No. 4 or his or her designee shall be responsible for administering and implementing this policy.

History

• 197-11] and 132-24 WAC, as presently enacted or hereafter amended.(2) The president of Community College District No. 4 or his or her designee shall be responsible for administering and implementing this policy.[Statutory Authority: RCW 28B.50.140. WSR 89-09-042 (Order 89-02), § 132D-325-010, filed 4/14/89.

Chapter 132D-350 Restricted use of skateboards, roller skates, scooters, two-wheeled motor bikes and bicycles (recreational equipment).

Wash. Admin. Code § 132D-350-010 Purpose.

The purpose of these regulations is:

(1) To protect and control pedestrian traffic and traffic of persons using the above-mentioned recreational equipment.

(2) To protect from physical damage and more than ordinary wear the wooden and concrete benches, brick and paved walkways, stairs, steps, loading ramps, plazas, and ramps for the disabled, caused by the use of the recreational equipment on such areas.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-026 (Order 89-11), § 132D-350-010, filed 5/11/89.

Wash. Admin. Code § 132D-350-020 Definitions.

As used in this chapter, "skateboard" shall mean a toy consisting of an oblong or rectangular board, made of wood, plastic, metal or components thereof, with a pair of small wheels at each end, ridden, as down an incline, usually in a standing position. It may or may not be motorized; "roller skates" shall mean a shoe with a set of wheels attached for skating over a flat surface, or a metal frame with wheels attached that can be fitted to the sole of the shoe; "scooter" shall mean a foot-operated vehicle consisting of a narrow board mounted between two wheels, tandem, with an upright steering handle attached to the front wheel; "two-wheeled motor bikes or bicycles" shall mean all two-wheeled vehicles powered by a motor or foot-operated (see also parking and traffic regulations, chapter 132D-116 WAC). These "toys" shall be commonly referred to as recreational equipment for the purpose of this policy.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-026 (Order 89-11), § 132D-350-020, filed 5/11/89.

Wash. Admin. Code § 132D-350-030 Authority.

The board of trustees of Skagit Valley College, Community College District No. 4, is granted authority under Title 28B RCW to exercise full control of the college and its property and is authorized to promulgate rules and regulations to carry out its duties.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-026 (Order 89-11), § 132D-350-030, filed 5/11/89.

Wash. Admin. Code § 132D-350-040 Regulation of skateboards, roller skates, scooters, two-wheeled motor bikes or bicycles.

The above may not be used on the campus except in areas as may be designated for such use by the dean of administrative and student services or his or her designee(s).

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-026 (Order 89-11), § 132D-350-040, filed 5/11/89.

Wash. Admin. Code § 132D-350-050 Enforcement.

(1) Enforcement of this chapter shall be the responsibility of the president and the dean of administrative and student services or his or her designee(s).

(2) A user of the above-described recreational equipment who refuses to abide by these regulations will be asked to leave the campus. Refusal to obey will subject the person to being cited for trespass under the provisions of chapter 9A.52 RCW.

(3) If the user is a student, the student will be asked to refrain from using the equipment on campus. If the student refuses, a proceeding may be initiated under the student rights and responsibilities code, chapter 132D-120 WAC.

History

• Statutory Authority: RCW 28B.50.140. WSR 89-11-026 (Order 89-11), § 132D-350-050, filed 5/11/89.

Chapter 132D-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132D-400-010 Grounds for ineligibility.

Any student found by the college to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use or sale 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, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-400-010, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-400-020 Suspension procedure—Right to informal hearing.

Any student notified of a claimed violation of WAC 132D-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the dean of students within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-400-020, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-400-030 Hearing.

If a timely written request for a hearing is made, the dean of students shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482-494.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-400-030, filed 2/16/90, effective 3/19/90.

Wash. Admin. Code § 132D-400-040 Decision.

The college official who acts as hearing officer shall issue a written decision which shall include a brief statement of the reasons for the decision and a notice that judicial review may be available. All documents presented, considered or prepared by the hearing officer shall be maintained as the official record of the brief administrative proceeding. A decision must be promptly rendered after the conclusion of the brief adjudicative hearing and in no event later than 20 days after the request for hearing is received by the dean of students.

History

• Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW and 26 U.S.C. 1232g. WSR 90-05-045, § 132D-400-040, filed 2/16/90, effective 3/19/90.