Title 132f WAC — Seattle Colleges

Chapter 132F-01 Appointing authority.

Wash. Admin. Code § 132F-01-010 Appointing authority.

(1) The board of trustees of Seattle College District VI is the appointing authority for employees of the district, pursuant to RCW 28B.50.140. RCW 28B.10.528 provides that the board may delegate any of its powers and duties to the district president or his designee, and RCW 28B.50.140(14) provides that the board may delegate any of its powers and duties to the district president. In District VI, the district president also carries the title of "chancellor."

(2) The board of trustees of Seattle College District VI delegates to the district president (or any acting district president or interim district president) the appointing authority for the campus presidents and the district office personnel.

(3) The president of Seattle College District VI designates, and the board of trustees delegates to the campus presidents (or any acting campus president or interim campus president) the appointing authority for their respective campuses.

(4) The chancellor or a campus president may designate another person to act as the respective appointing authority in his or her absence.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-01-010, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-01-010, filed 7/28/03, effective 8/28/03. Statutory Authority: Chapter 28B.50 RCW. WSR 83-13-058 (Order 41, Resolution No. 1983-16), § 132F-01-010, filed 6/15/83.

Chapter 132F-20 Relocation benefits.

Wash. Admin. Code § 132F-20-010 Purpose.

It is the purpose of these rules to give effect to chapter 236, Laws of 1969 ex. sess. It is the further purpose of these rules to provide for relocation assistance and reimbursement of expenses and payments to individuals displaced as a result of acquisitions of property for college purposes. These rules are published to inform displaced persons of their rights and responsibilities regarding such relocation benefits and to assure that the same shall be reasonable, fair, and uniform.

History

• Order 1970-2, § 132F-20-010, filed 3/27/70.

Wash. Admin. Code § 132F-20-020 Adoption of rules.

Upon adoption by the board of trustees of Seattle College District VI, these rules shall be in full force and effect.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-20-020, filed 1/6/15, effective 2/6/15
• Order 1970-2, § 132F-20-020, filed 3/27/70.

Wash. Admin. Code § 132F-20-030 Definitions of terms.

(1) "Person" means:

(a) Any individual, partnership, corporation or association which is the owner of a business;

(b) Any owner, part owner, tenant, or sharecropper who operates a farm;

(c) An individual who is the head of a family;

(d) An individual not a member of a family.

(2) "Family" means two or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.

(3) "Displaced person" means any person who moves from real property as a result of the acquisition or reasonable expectation of acquisition of such real property, or as the result of the acquisition of other real property on which such person conducts a business or farm operation.

(4) "Business" means any lawful activity conducted primarily

(a) For the purpose of resale, manufacture, processing or marketing of products, commodities, or other personal property;

(b) For the sale of services to the public; or

(c) By a nonprofit organization.

(5) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(6) "Condemnation" means the acquisition of property by the college by eminent domain or by consent under threat thereof, pursuant to chapters 8.04 and 8.25 RCW.

History

• Order 1970-2, § 132F-20-030, filed 3/27/70.

Wash. Admin. Code § 132F-20-040 Reimbursement for moving expenses.

Any displaced person is entitled to be reimbursed by the college as provided in this section for the actual reasonable expenses necessarily incurred in moving himself, his family, and personal property, such costs to include temporary lodging and transportation of himself and his family and dismantling, removing, packing, loading, transporting, insuring, reinstalling, unpacking and temporary storage of personal property, but not a devaluation of such personal property incurred in or caused by such moving. Such reimbursement payments shall be subject to and conditioned upon the following limitations.

(1) The allowable compensable distance of a move shall be no farther than one hundred miles by road from the property acquired. In the event the displaced person actually moves to a place farther therefrom, the college shall deduct from the actual reasonable moving expenses that portion of the expense for temporary lodging and transportation of himself and his family and the transporting, insuring and temporary storage of personal property caused by that portion of the move in excess of one hundred miles.

(2) The maximum compensable allowable time for temporary storage of personal property shall be sixty days.

(3) In the event a displaced person elects to be reimbursed under this section (section 5(1), chapter 236, Laws of 1969 ex. sess.) he shall, within ninety days following the removal of his personal property from the real property condemned, file with the college a written statement under oath including the material specified in WAC 132F-20-050.

(4) In the event the displaced person utilizes a motor vehicle of his own ownership for such move he shall be paid a reasonable amount for its operation not, however, to exceed ten cents per mile. The determination of reasonable expense shall be made by the director of facilities development and plant services of the college.

History

• Order 1970-2, § 132F-20-040, filed 3/27/70.

Wash. Admin. Code § 132F-20-050 Written statement of expenses.

Within ninety days following acquisition of the real property, removal of the personal property or the time of moving, whichever last occurs, the person claiming reimbursement shall serve upon the college a written verified statement of his expenses, including therein the following information:

(1) The date the removal was commenced and the date completed;

(2) The location from which and to which the personal property was moved, and the location to which the displaced person moved;

(3) The place where personal property was stored and the proprietor thereof, and the time and duration of any temporary storage;

(4) An itemized statement of all costs incurred relative to the move to the new location for which reimbursement is claimed, together with supporting invoices for all expenses incurred which invoices shall identify the invoicer, the invoicee, the exact charge, the services for which the charge is made and the basis for computation of the charge.

(5) The names and relationships of those displaced persons for whom reimbursement is claimed.

(6) The dates on which lodging and transportation expenses were incurred for each displaced person.

(7) The amount of total reimbursement claimed.

In the case of temporary storage of personal property, a claim shall be made for temporary storage incurred to the date of claim and include an estimate of future storage costs.

History

• Order 1970-2, § 132F-20-050, filed 3/27/70.

Wash. Admin. Code § 132F-20-060 Moving expense allowance—Dwelling.

Any displaced person who moves from a dwelling who elects to accept the payments authorized by this section in lieu of the payments authorized by WAC 132F-20-040 may receive a moving expense allowance, in accordance with the average cost of moving from a comparable size dwelling determined according to the following schedule, not to exceed two hundred dollars, and in addition thereto a dislocation allowance of one hundred dollars:

History

• Order 1970-2, § 132F-20-060, filed 3/27/70.

Wash. Admin. Code § 132F-20-070 Moving expense allowance—Business.

Any displaced person who moves or discontinues his business or farm operation who elects to accept the payment authorized by this section in lieu of the payment authorized by WAC 132F-20-040 may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or five thousand dollars, whichever is less. In the case of a business, no payment shall be made under this section if the business is a part of a commercial enterprise having at least one other establishment not being acquired, which is engaged in the same or similar business, or if the college is satisfied that the business can be relocated without a substantial loss of patronage. For purposes of this section, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such two year period. To be eligible for the payment authorized by this section, the business or farm operation must make its income tax returns, financial statements, and accounting records available to the college for audit and confidential use to determine eligibility and the amount of any payment authorized by this section. Such reimbursement payments shall be subject to and conditioned upon the following limitations:

(1) The college director of facilities development and plant services shall determine whether the business can be relocated without a substantial loss of patronage. That decision shall be made in writing and placed in the files of the college and a copy thereof directed to the displaced person, certified mail, at his last known address.

(2) The displaced person must elect in writing to accept the payment authorized by this section in lieu of the payment authorized by WAC 132F-20-040, such election to be filed with the college within ninety days after acquisition of the property is completed.

(3) Within sixty days of a written request therefor by the college the displaced person must make its income tax returns, financial statements, and accounting records available to the college at the college's principal place of business for the uses hereinabove described. In the event such information is not supplied within the specified time, the displaced person may be compensated under either of the other sections hereof at the college's sole discretion.

History

• Order 1970-2, § 132F-20-070, filed 3/27/70.

Wash. Admin. Code § 132F-20-080 Utilization of other agencies.

In order to minimize expenses and avoid duplication of functions, the college may, at the discretion of the board of trustees, make relocation payments or provide relocation assistance or otherwise carry out the functions required by Washington Session Laws, chapter 236, Laws of 1969 ex. sess., by utilizing the facilities, personnel, and services of any other federal, state, or local government agency authorized by law and having an established organization for conducting relocation assistance programs.

History

• Order 1970-2, § 132F-20-080, filed 3/27/70.

Wash. Admin. Code § 132F-20-090 Review of eligibility—Grievance.

Any person aggrieved by a determination as to eligibility for a payment or the amount of a payment authorized by Washington Session Laws, chapter 236, Laws of 1969 ex. sess., or these rules and regulations, may have such determination reviewed by the president of the college subject to and conditioned upon observance of the following procedures:

(1) Such aggrieved person shall, within twenty days of the receipt of a written notification of a determination made hereunder as to which a review is sought, file with the secretary of the board of trustees a written notice of appeal from administrative determination, which notice of appeal shall contain the following:

(a) The name, address, and telephone number of the aggrieved person and any legal representative thereof.

(b) An identification of the subject matter of the claim including any reference number or code assigned thereto by the staff of the college.

(c) Identification of the determination from which appeal is taken including specific identification of the portion or portions thereof as to which the person feels aggrieved, together with a detailed statement of the grounds upon which such appeal is based.

(d) A declaration whether a hearing before the president is demanded. In the event no hearing is demanded it shall be deemed waived, in which case the matter shall be determined by the president on the basis of such affidavits, supporting data, and other written material as are submitted to him with such notice of appeal.

(2) The person aggrieved shall have the burden of proof as to any claim made by him.

(3) To the extent applicable, the hearing on the appeal shall be called, convened, conducted and the final disposition of the appeal made by the president in accordance with RCW 34.04.090, 34.04.100, 34.04.105, 34.04.115, and 34.04.120 as now or hereafter amended.

History

• Order 1970-2, § 132F-20-090, filed 3/27/70.

Chapter 132F-104 Seattle college district board of trustees—Rules and regulations.

Wash. Admin. Code § 132F-104-010 Regular meetings of the Seattle College District VI board of trustees.

The board of trustees will hold regular meetings in accordance with the Open Public Meetings Act, chapter 42.30 RCW, and other applicable law. These meetings will be held during eleven months of the year (except August) on the second Thursday, unless that day is a legal holiday, in which case the meeting will be on the next business day, or unless the date is otherwise modified by board action. The dates, times, and places for such regular meetings shall be specified by motions, resolutions, or other appropriate actions of the board, or otherwise in accordance with applicable law.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-104-010, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-104-010, filed 7/28/03, effective 8/28/03. Statutory Authority: Chapter 28B.50 RCW. WSR 87-19-122 (Order 50, Resolution No. 1987-24), § 132F-104-010, filed 9/21/87
• WSR 85-21-016 (Order 48, Resolution No. 1985-20), § 132F-104-010, filed 10/7/85
• Order 27, § 132F-104-010, filed 10/10/75
• Order 20, § 132F-104-010, filed 6/6/75
• Order 6, § 132F-104-010, filed 12/12/72.

Wash. Admin. Code § 132F-104-020 Special meetings.

The board of trustees may also hold special meetings in accordance with chapter 42.30 RCW and other applicable law.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-104-020, filed 7/28/03, effective 8/28/03. Statutory Authority: Chapter 28B.50 RCW. WSR 85-21-016 (Order 48, Resolution No. 1985-20), § 132F-104-020, filed 10/7/85
• Order 30, § 132F-104-020, filed 6/11/76
• Order 27, § 132F-104-020, filed 10/10/75
• Order 20, § 132F-104-020, filed 6/6/75.

Wash. Admin. Code § 132F-104-810 Submission of items for board consideration.

Any individual, group of individuals, or organization may submit any item of concern to the board, in writing and/or verbally, in accordance with applicable policies and procedures and such restrictions as the board or its secretary may impose in the interests of fairness and efficient board operations. Any such written item, and notice of any intent to submit an item verbally, should be provided to the district chancellor or other board secretary at least ten days before the next regular board meeting.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-104-810, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 81-14-073 (Order 40), § 132F-104-810, filed 7/1/81
• Order 14, § 132F-104-810, filed 5/22/73.

Chapter 132F-108 Procedures for adjudicative proceedings.

Wash. Admin. Code § 132F-108-010 Adoption of 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 at chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted by this institution, the model rules prevail.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-010, filed 9/1/94, effective 10/2/94.

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

The district president/chancellor or president of one of the district's institutions, or a designee of either, shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, member in good standing of the Washington State Bar Association, a panel of individuals, the district president/chancellor or his or her designee, or any combination of the above. When more than one individual is designated to be the presiding officer, one such person shall be designated to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters. These designations may also be made by separate rule.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-020, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-020, filed 9/1/94, effective 10/2/94.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-030, filed 9/1/94, effective 10/2/94.

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

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

Seattle College District VI

1500 Harvard Avenue

Seattle, Washington 98122

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(13) and 42.56.040. WSR 15-02-072, § 132F-108-040, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-040, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-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, unless provided otherwise by another rule or determined otherwise in a particular case by the district chancellor, the affected campus president, or a designee of either, 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 minor disciplinary actions imposing probation or suspensions of ten instructional days or less and any conditions or terms placed on the student.

(9) Appeals of decision 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.50.140(13). WSR 13-11-127, § 132F-108-050, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-050, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-050, filed 9/1/94, effective 10/2/94.

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

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

History

• Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-060, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-070 Adjudicative proceedings open.

Adjudicative proceedings shall be open to the public, except as may be provided otherwise by law or legal requirement.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-070, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-070, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-080 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 justification for the application to the presiding officer. If the other party opposes the request, that party may provide a written response to the presiding officer within 10 days of the request. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefore, in writing, within 20 days of receiving the request.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-080, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-080, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-090 Recording devices.

No cameras or recording devises [devices] shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132F-108-070, except for the method of official recording selected by the presiding officer.

History

• devices] shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132F-108-070, except for the method of official recording selected by the presiding officer.[Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-090, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-100 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.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-100, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-100, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-110 Reconsideration.

(1) The affected individual may file a petition for reconsideration of a final order. Such petition must be filed upon the office of the president within ten days of the service of a final order and must state the specific grounds upon which relief is requested.

(2) No petition for reconsideration may stay the effectiveness of an order.

(3) The petition shall be disposed of by the presiding officer who issued the final order.

History

• Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-110, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-120 Absence of president.

The district president/chancellor or president of one of the district's institutions may designate another employee of the college to act in his/her place on a temporary basis during his/her absence. An employee appointed under this provision shall only have the authority to act upon matters which require a decision by the president within the limited period of time when the president, due to his/her absence, is unable to decide such matter.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-120, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-120, filed 9/1/94, effective 10/2/94.

Wash. Admin. Code § 132F-108-130 Appearance and practice before agency.

No person may appear in a representative capacity before the agency other than the following:

(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.

(2) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by our state law.

(3) Persons otherwise qualified as possessing the requisite skill to appear and expertly represent others who have applied to the agency and have been duly authorized by the agency to appear in a representative capacity before the agency.

(4) A bona fide officer, partner, or full-time employee of an individual firm, association, partnership, or corporation who appears for such individual firm, association, partnership or corporation.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-130, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-130, filed 9/1/94, effective 10/2/94. Formerly WAC 132F-08-010.

Wash. Admin. Code § 132F-108-140 Definition of issues before hearing.

In all proceedings the issues to be adjudicated shall be identified initially as precisely as possible, in order that the agency may proceed promptly to conduct the hearings on relevant and material matters only.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-108-140, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. WSR 94-18-070, § 132F-108-140, filed 9/1/94, effective 10/2/94. Formerly WAC 132F-08-440.

Chapter 132F-112 Election rules.

Wash. Admin. Code § 132F-112-003 Purpose.

Pursuant to chapter 196, Laws of 1971 ex. sess., the board of trustees of Seattle College District No. 6 establishes the following rules to strengthen methods of administering employer-employee relations through the establishment of orderly methods of communication between academic employees of Seattle College District No. 6 and the board of trustees of Seattle College District No. 6.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-003, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-003, filed 4/27/72.

Wash. Admin. Code § 132F-112-006 Request for election—Canvass of academic employees by independent and neutral person or association.

Any organization of academic employees of Seattle College District No. 6 desiring to be recognized as the majority organization representing such employees pursuant to chapter 196, Laws of 1971 ex. sess., shall request in writing of the board of trustees of Seattle College District No. 6 that an election be held to determine whether a majority of such employees desire to designate it as their representative for the purposes of the act. Upon the receipt of such a request the board of trustees of Seattle College District No. 6 will request some independent and neutral person or association to determine whether thirty percent or more of the academic employees of Seattle College District No. 6 have indicated that they desire to be represented by that organization for such purposes. The independent and neutral person or association shall make such determination upon the basis of records of dues, paying memberships, signed authorizations to represent, or other reliable and probative evidence.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-006, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-006, filed 4/27/72.

Wash. Admin. Code § 132F-112-009 Notice of election—Organizations to be included on ballot—Time for filing.

If the independent and neutral person or association determines that thirty percent or more of the academic employees of Seattle College District No. 6 have indicated that they desire to be represented by that organization for such purposes, the board of trustees of Seattle College District No. 6 will publish a notice that it will hold an election as soon as practical to determine whether the academic employees of Seattle College District No. 6 desire the requesting organization or any other organization to represent them for the purposes of chapter 196, Laws of 1971 ex. sess. Any other organization of academic employees desiring to be designated as the majority organization representing such employees shall, within seven days after publication of such notice by the board of trustees of Seattle College District No. 6, file with the board of trustees a request in writing that its name be included on the ballot in the election to be held together with written proof of at least ten percent representation of the academic employees of the district. The request by this organization shall be submitted to the same neutral person or association designated pursuant to WAC 132F-112-006 who shall rule according to the criteria stated therein as to each request received pursuant to this section. No organization shall be permitted to have its name placed on the ballot used in the election unless such a request has been received within seven days after the publication of the notice that an election will be held.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-009, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-009, filed 4/27/72.

Wash. Admin. Code § 132F-112-012 Contents of notice of election—Designation of chief election officer—Duties.

The notice published by the board of trustees of Seattle College District No. 6, pursuant to WAC 132F-112-009, shall state the date, hours, and polling places for the election. The notice shall also designate a chief election officer of the election and charge him with the duty of preparing the ballots and promulgating instructions concerning the details of the election to be conducted pursuant to WAC 132F-112-003 through 132F-112-063.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-012, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-012, filed 4/27/72.

Wash. Admin. Code § 132F-112-015 List of academic employees—Posting of list.

In any election conducted pursuant to WAC 132F-112-003 through 132F-112-063, lists of academic employees eligible to vote shall be prepared by the board of trustees listing academic employees by voting places. Such lists shall be posted at least 24 hours before the election. Such lists shall be for informational purposes and shall not be conclusive as to the rights of an academic employee to vote in the election.

History

• Order 3415, § 132F-112-015, filed 4/27/72.

Wash. Admin. Code § 132F-112-018 Election inspectors—Duties—Right to challenge voter—Improper conduct.

The election officer shall designate at least one inspector for each polling place to observe the conduct of the election. Any organization whose name shall appear on the ballot in the election shall also be entitled to have one inspector present at each polling place to observe the conduct of the election. Each organization shall also be entitled to have an inspector present at the college district office for the counting of the ballots cast. Such inspectors must refrain from electioneering during the election. They may challenge the eligibility of any person to vote in the election, and, upon such challenge, the ballot of that person shall be treated as provided in WAC 132F-112-024 and 132F-112-036 through 132F-112-048. Inspectors shall also report in writing to the chief election officer any conduct which they observe in the course of balloting which they believe may have improperly affected the result of the voting at the polling place at which they serve as observers.

History

• Order 3415, § 132F-112-018, filed 4/27/72.

Wash. Admin. Code § 132F-112-021 Ballots.

The ballots used in any election held pursuant to WAC 132F-112-003 through 132F-112-063 shall be in the following form:

To select for representation purposes pursuant to chapter 196, Laws of 1971 ex. sess., a majority organization to represent academic employees of Seattle College District No. 6.

Do not sign your name or put other identifying marks on this ballot. Should you incorrectly mark this ballot or otherwise spoil it, you may return it to the chief election officer or his inspector and obtain a new ballot.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-021, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-021, filed 4/27/72.

Wash. Admin. Code § 132F-112-024 Record of vote—Signature—Challenge.

At the time of the election the name of each employee voting shall be recorded by his signature written beside his name on the voting list for the polling place at which he votes. Each academic employee may cast only one ballot in any election held pursuant to these rules, and the presence of a signature beside the name of an employee desiring to vote shall automatically constitute grounds for challenge to his right to cast a ballot in an election.

History

• Order 3415, § 132F-112-024, filed 4/27/72.

Wash. Admin. Code § 132F-112-027 Incorrectly marked ballot.

Any voter who incorrectly marks his ballot may obtain a new ballot by returning the incorrectly marked ballot to the chief election officer's inspector. Such incorrectly marked ballot shall be marked void in the presence of the inspectors of organizations participating in the election before the new ballot is delivered to the voter.

History

• Order 3415, § 132F-112-027, filed 4/27/72.

Wash. Admin. Code § 132F-112-030 Privacy for voter—Equipment.

Voters shall be provided with tables or desks so arranged that a voter may mark his ballot without making it possible for other persons to observe the manner in which he has marked it.

History

• Order 3415, § 132F-112-030, filed 4/27/72.

Wash. Admin. Code § 132F-112-033 Folding ballot—Ballot box.

Each voter shall fold his ballot so that the manner in which he has marked it cannot be observed and shall then place it in the locked ballot box provided at the designated voting place.

History

• Order 3415, § 132F-112-033, filed 4/27/72.

Wash. Admin. Code § 132F-112-036 Challenged ballot—Procedure.

A challenged ballot shall be placed in an envelope bearing no identifying marks. It shall then be placed in another envelope upon which shall be written the name of the employee desiring to cast the ballot, the reasons for which the ballot was challenged, by whom it was challenged, and the polling place at which it was challenged, and the envelope shall be sealed and initialed by the election inspectors.

History

• Order 3415, § 132F-112-036, filed 4/27/72.

Wash. Admin. Code § 132F-112-039 Employees present entitled to vote—Sealing ballot box—Unused ballots.

At the time for closing the polls, all academic employees present and waiting at the polling place shall be entitled to vote. The ballot box shall then be sealed. All unused ballots shall then be counted in the presence of election inspectors.

History

• Order 3415, § 132F-112-039, filed 4/27/72.

Wash. Admin. Code § 132F-112-042 Election inspectors' duties after voting has terminated.

When all voting has terminated at a polling place, the election inspectors will bring to the chief election officer at the Seattle College District office the following:

(1) Signed voting list of eligible academic employees;

(2) All unused ballots;

(3) All challenged ballots; and

(4) The sealed ballot box containing all ballots cast.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-042, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-042, filed 4/27/72.

Wash. Admin. Code § 132F-112-045 Disposition of challenged ballots—Tally sheets—Investigation by chief election officer.

The challenged ballots previously placed in separate envelopes shall be placed in a sealed envelope marked "challenged ballots" and sent along with the tally sheet to the chief election officer. The challenged ballots shall not be opened or counted unless the counting of such ballots might affect the results of the election. If the challenged ballots might affect the results of the election, the chief election officer shall conduct an investigation into, or if necessary a formal hearing on, the validity of the challenges made. If he concludes that the challenge was properly made, that ballot shall be excluded from the count. Otherwise, such ballot shall be counted as cast.

History

• Order 3415, § 132F-112-045, filed 4/27/72.

Wash. Admin. Code § 132F-112-048 Counting of ballots—Procedure—Certification of results of election—Retention of ballots—Signed voting lists.

When ballot boxes from all voting places have been received by the chief election officer's inspector, he shall open them and thoroughly mix all ballots cast so that it is impossible to identify the polling place from which any particular ballot came. The ballots cast shall be separated into the categories as they have been cast for organizations participating in the election, for no organization, and void ballots which are unintelligible or for an organization not participating in the election. The ballots in these categories shall be counted by the chief election officer with the assistance of such of his election inspectors as shall be necessary in the presence of the inspectors for the organizations participating in the election. After the ballots have been so counted each inspector designated by the organizations to serve at the Seattle College District office shall indicate by his signature upon the tally sheet that he agrees with the count made, or in case of disagreement, he shall write a short statement of his grounds for disagreement with the count. The chief election officer shall certify to the board of trustees the results of the election within forty-eight hours after the polls have been closed. The used ballots, the unused ballots, the challenged ballots, and the signed voting lists of eligible academic employees shall be kept by the chief election officer or some person designated by him for one year after the election.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-048, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-048, filed 4/27/72.

Wash. Admin. Code § 132F-112-051 Electioneering within the polls forbidden.

No election signs, banners, or buttons shall be permitted in the room in which the balloting takes place, nor shall any person in that room discuss the advantages or disadvantages of representation by an organization whether on the ballot or otherwise, nor shall any person in that room engage in any other form of electioneering.

History

• Order 3415, § 132F-112-051, filed 4/27/72.

Wash. Admin. Code § 132F-112-054 Contest of election—Time for filing objections—Investigation of objections.

Any organization, the name of which appears on the ballot, or any academic employee may within five days after the certification of the results of an election under the provisions of WAC 132F-112-048, file objections to the conduct of the election with the chief election officer designated by the board of trustees pursuant to WAC 132F-112-012. The election officer shall investigate such objections and, if necessary, hold formal hearings thereon. He shall report thereon to the board of trustees. If the board of trustees shall conclude that the conduct objected to may have improperly affected the results of the election, it shall order a new election. Otherwise, it shall overrule the objections and the results of the election shall be considered final. Objections to the conduct of the election which are not filed in accordance with the provisions of this section shall be waived and of no effect.

History

• Order 3415, § 132F-112-054, filed 4/27/72.

Wash. Admin. Code § 132F-112-057 Persons eligible to vote—Definition of "academic employee."

All academic employees of Seattle College District No. 6 shall be eligible to vote pursuant to WAC 132F-112-003 through 132F-112-063 who are employed at the time of the election provided for by such rules and who: 1) Are employed on a full-time basis, or 2) if employed on a part-time basis, have been employed as an academic employee of the district for at least one other quarter (i.e., fall, winter, spring, or summer quarter) during either the current or the previous academic year. "Academic employee" shall mean any teacher, counselor, librarian, or department head, division head, or administrator, who is employed by Seattle College District No. 6, with the exception of the chief administrative officer of the district.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-057, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-057, filed 4/27/72.

Wash. Admin. Code § 132F-112-060 Election determined by majority of valid votes cast—Runoff election.

An organization of academic employees which receives a majority of the valid votes cast in an election held in accordance with WAC 132F-112-003 through 132F-112-063 shall be recognized as representing the academic employees of Seattle College District No. 6 pursuant to chapter 196, Laws of 1971 ex. sess. If more than one organization of academic employees has participated in an election and a majority of the valid votes cast have not been either for representation by one of the organizations or for no representation, a runoff election shall be held. In such a runoff, only those two choices receiving the highest number of valid votes cast in the initial election shall appear on the ballot.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-112-060, filed 1/6/15, effective 2/6/15
• Order 3415, § 132F-112-060, filed 4/27/72.

Wash. Admin. Code § 132F-112-063 Time lapse for new election.

(1) Whether or not an organization of academic employees is selected as bargaining representative in an election held pursuant to these rules, another election shall not be held until the lapse of one year from the date of the certification of the results of such election.

(2) If an organization is selected pursuant to these rules, which organization: (a) Enters into a written agreement concerning terms and conditions of employment with the district; (b) which written agreement is by its terms to expire on a specified date; and (c) that date is not more than three years from the effective date of the agreement, then no petition by a different organization to challenge the designated employee organization may be filed during the life of the agreement except during a period not more than 90 days nor less than 60 days prior to the expiration of a written collective bargaining agreement, or 30 days prior to the end of the quarter, or whichever falls within the school year.

(3) If a petition is filed and a different employee organization is selected, it shall become the recognized employee organization on the day after the termination of the agreement, provided, however, that the trustees or their designees may meet, confer and negotiate with the newly elected organization prior to the expiration of the agreement to discuss matters relating to the time period commencing the day after the expiration of the agreement.

History

• Order 15, § 132F-112-063, filed 5/22/73
• Order 3415, § 132F-112-063, filed 4/27/72.

Chapter 132F-113 Nepotism policy.

Wash. Admin. Code § 132F-113-010 Nepotism policy.

WAC 132F-112-010 through 132F-112-040 shall be known as the Seattle College VI nepotism policy.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-113-010, filed 1/6/15, effective 2/6/15
• Order 15, § 132F-113-010, filed 4/24/74
• Order 4, § 132F-113-010, filed 11/13/72.

Wash. Admin. Code § 132F-113-020 Definitions.

(1) Major organizational component: The following are considered major organizational components of the Seattle College District.

(a) North Seattle College

(b) Seattle Central College

(c) South Seattle College

(d) Seattle College District office, including the president's office, employee relations, office for curriculum services, business services, facilities management and planning, and systems and computing services.

(2) Employee: Any individual who receives payment for services rendered to the Seattle College District is considered an employee of the district, except for outside vendors and contractors.

(3) Relatives: A family relationship is considered to exist between an employee and: Spouse, mother, father, child (including foster and adopted children), siblings, grandparents, cousins, uncles, aunts, nephews, nieces, and in-laws.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-113-020, filed 1/6/15, effective 2/6/15
• Order 15, § 132F-113-020, filed 4/24/74
• Order 4, § 132F-113-020, filed 11/13/72.

Wash. Admin. Code § 132F-113-030 Inclusive limits of the policy.

This policy is intended to provide guidelines for the employment of all individuals by the district, except as modified by policies of the state board for community college education, the higher education personnel board or by statute.

History

• Order 15, § 132F-113-030, filed 4/24/74
• Order 4, § 132F-113-030, filed 11/13/72.

Wash. Admin. Code § 132F-113-040 Basic nepotism policy.

In the appointment of its faculty and staff members, the Seattle College District seeks those persons qualified to fulfill the institution's teaching and service obligations. Accordingly, members of the same family may be appointed to district faculty and staff positions when it has been determined that they are the most qualified candidates for the position. However, according to state law a person may not be hired into a position that would result in a relationship where one individual is involved in the appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease of a member of the individual's family or of a person with whom there is substantial economic interest.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-113-040, filed 1/6/15, effective 2/6/15
• Order 15, § 132F-113-040, filed 4/24/74
• Order 4, § 132F-113-040, filed 11/13/72.

Chapter 132F-116 Traffic rules and regulations.

Wash. Admin. Code § 132F-116-001 Objectives of parking and traffic rules.

The objectives of these rules are:

(1) To protect and control pedestrian and vehicular traffic on district campus sites.

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

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the district by ensuring access to vehicles.

(5) To allocate limited parking space for the most efficient use.

(6) To protect state property.

(7) To encourage and support travel to district campus sites by means other than single occupancy vehicle.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-001, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-002 Knowledge of parking and traffic rules.

It is the responsibility of all individuals parking or operating a vehicle on a district campus to comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-002, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-003 Definitions.

The following definitions apply to this chapter:

(1) Authorized valid payment: Any payment accepted by the district, including online, mobile application, and pay stations.

(2) Bicycle: Any device defined as a bicycle in RCW 46.04.071.

(3) Campus: Any of the campuses of Seattle College District VI to include those lands and leased facilities where parking is managed or controlled by Seattle College District VI.

(4) Campus safety director: The senior employee responsible for campus safety.

(5) Campus safety officers: Employees of Seattle College District VI who are responsible for campus security, safety, parking, and traffic control.

(6) Carpool: A group of two or more employees or students who commute to campus in the same vehicle and complete the campus commuter services carpool registration process.

(7) Citation: Formal written notice of a parking violation.

(8) College: A Seattle College District VI college: Central Seattle College, North Seattle College, South Seattle College, and collectively those responsible for their control and operations.

(9) Commuter services: Any district or college unit that manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.

(10) Day: Unless otherwise specified, the term "day" refers to a calendar day.

(11) Disability parking: See persons with a disability.

(12) Disability zone/area: A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.

(13) District: Seattle College District VI consisting of Central Seattle College, North Seattle College, South Seattle College, and collectively those responsible for its control and operations.

(14) Electric-assisted bicycle: As defined under RCW 46.04.169.

(15) Employee: Any individual hired as or appointed to the faculty, staff, or administration of Seattle College District VI.

(16) EPAMD: Electric personal assistive mobility device as defined under RCW 46.04.1695.

(17) Fee: A charge for the use of services provided and facilities managed by commuter services.

(18) Fine: Monetary penalty for a parking violation.

(19) Idling: The running of an engine which supplies the motive power for a vehicle, when not for the purpose of moving the vehicle with the normal flow of traffic on a street or roadway. Idling does not include running the vehicle's engine while stopped at a traffic signal or waiting for the passage of other vehicles to permit safe entry into the flow of traffic.

(20) Immobilization: The attachment of a device to a parked motor vehicle so that the vehicle cannot be moved.

(21) Impoundment: The removal of the vehicle to a storage facility by an authorized agent of campus safety, commuter services, or an authorized agent of commuter services.

(22) License plate recognition (LPR): Technology that uses optical character recognition to automatically read license plate characters.

(23) Meter: A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit-issuance machine.

(24) Moped: As defined under RCW 46.04.304.

(25) Motor vehicle: As defined under RCW 46.04.320.

(26) Motorcycle: As defined under RCW 46.04.330.

(27) Nonmotorized vehicle: A device other than a motor vehicle used to transport persons including, but not limited to, bicycles, skateboards, in-line skates, hoverboards, personal conveyance devices, and roller skates.

(28) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.

(29) Overtime parking: The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit, meter, or permit-issuance machine.

(30) Parking product: A product issued by commuter services to manage motorized and nonmotorized access to the campus. Parking products include, but are not limited to, visual permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.

(31) Parking space: A space for parking one motor vehicle normally designated by lines painted on either side of the space, a wheel stop positioned in the front of the space, a sign or signs, or other markings.

(32) Pay station: A commuter services deployed and managed machine that issues virtual permits.

(33) Permit: A visual permit or virtual permit.

(34) Persons with a disability: For the purpose of this chapter, persons with a disability shall refer to a person or persons with a disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.

(35) Registered owner: The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.

(36) Roller skate/in-line skate: A device used to attach wheels to the foot or feet of a person.

(37) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.

(38) Student: A person enrolled in a Seattle College District VI college.

(39) Traffic: The movement of motorized vehicles, nonmotorized vehicles, and pedestrians in an area or along a street as is defined in RCW 46.04.590.

(40) Vehicle: As defined under RCW 46.04.670.

(41) Virtual permit: An authorization to park, issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(42) Visitor: A person who is neither an employee nor a student of Seattle College District VI and who only visits campus on an occasional basis.

(43) Visual permit: A physical permit issued by campus commuter services that when properly filled out and displayed according to instructions, authorizes a vehicle to park on campus.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-003, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-004 Severability, savings clause.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-004, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-005 Delegation of authority.

Each college president shall delegate to one department or individual on campus the authority to enforce these traffic and parking rules and regulations. Assignments of parking spaces shall be the responsibility of the commuter services personnel as directed by the president of the college or the district to represent the interests of faculty, staff, and students.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-005, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-006 Enforcement of parking and traffic rules.

Duly appointed campus safety officers, designated commuter services employees, or independent contractors hired by the district are authorized to enforce these parking and traffic rules and may conduct traffic control on campus.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-006, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-007 District liability.

Except for vehicles that the district owns or operates, the district assumes no liability under any circumstances for vehicles on the campus. No bailment, but only a license, is created by the purchase and/or issuance of a permit.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-007, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-010 Traffic rules and regulations.

(1) The motor vehicle and other traffic laws of the state of Washington shall be applicable upon all lands located within the state of Washington.

(2) The traffic code of the city of Seattle shall be applicable upon all lands located within the city of Seattle.

(3) These regulations shall be applicable to all state lands which are or may hereafter be devoted mainly to educational, public service, and other activities sponsored or endorsed by the district.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-010, filed 1/13/23, effective 2/13/23. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-116-010, filed 1/6/15, effective 2/6/15
• Order 29, § 132F-116-010, filed 10/10/75
• Order 7, § 132F-116-010, filed 1/12/73.

Wash. Admin. Code § 132F-116-011 General parking regulations.

(1) No person may use any vehicle parked on campus as a living unit without specific approval from the campus safety director. Violators may be cited and/or towed.

(2) Vehicles are to be maintained in operating condition at all times while on campus, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the campus safety director or designee.

(3) A vehicle which appears to be abandoned, with or without a current parking product or license plate(s), may be impounded after an attempt is made to locate and notify the owner of the impending action.

(4) Stopped or parked vehicles must do so in line with the flow of traffic where they are located.

(5) Excessive idling while on the Seattle College District VI campuses prohibited.

(6) Idling permitted. To the extent necessary for the specified purpose, idling is permitted in the following cases:

(a) Police, sheriff, or other law enforcement vehicles, including meter patrols, as required for safe and effective performance;

(b) Fire department vehicles, ambulances, and other emergency vehicles when responding to an emergency or when the use of special equipment requires that the engines remain in operation;

(c) Construction or demolition equipment or other machinery when actually employed at the site of such work, and only to the extent necessary for efficient operation;

(d) Trucks, buses, or automobiles equipped with lift gates, winches, or other devices powered by take-offs from their engines, to the extent necessary to allow use of those devices provided; however, that this subsection does not authorize idling solely for the purpose of operating any heating device, radio, power-assisted brakes, steering, seat adjustment, or any luxury device not then required for safe operation of the vehicle;

(e) Buses or other mass transit vehicles while operated on a regular schedule;

(f) Insofar as necessary for diagnosis, adjustment, or testing, vehicles undergoing repair or maintenance; but only when on the premises of the owner or person performing the work;

(g) Any vehicle when required in an emergency for the protection of life, health, or property.

(7) Notices. The security director or transportation coordinator shall cause to be placed such notices as he may deem necessary to inform drivers of the prohibition against excessive vehicle idling; however, actual knowledge of the prohibition is not an element of an offense under this chapter.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-011, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-035 Parking—Special exemptions.

(1) Consideration shall be given to provide parking for the following (on a space available basis):

(a) Members of the press, television and radio on official business.

(b) Vehicles owned by contractors and their employees working on campus construction.

(2) Members of the college board of trustees and retired employees of the Seattle College District will be given complimentary parking for college functions upon request.

(3) Federal, state, county, city and school district personnel on official business and in vehicles with tax exempt licenses.

History

• Statutory Authority: RCW 28B.50.140(10). WSR 18-02-004, recodified as § 132F-116-035, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 28B.50.140(13). WSR 15-15-123, § 132F-116-100, filed 7/16/15, effective 8/16/15. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-116-100, filed 1/6/15, effective 2/6/15
• Order 29, § 132F-116-090 (codified as WAC 132F-116-100), filed 10/10/75
• Order 7, § 132F-116-100, filed 1/12/73.

Wash. Admin. Code § 132F-116-041 Permits required for all motorized vehicles parked on campus.

No person shall park or leave any motor vehicle, whether attended or unattended, upon the campus without a permit issued by the district. Permission to park on campus will be shown by the display of a valid visual permit or registration of a valid virtual permit. Persons wishing to obtain virtual permits are required to complete a registration process established by commuter services and pay the corresponding fee. A vehicle associated with a virtual permit must have a visible license plate.

(1) A valid permit is:

(a) A current unexpired, visual permit issued by commuter services, or an authorized agent designated by commuter services, and displayed in accordance with the instructions given at the time of issuance;

(b) A current unexpired virtual permit issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.

(i) Vehicles with virtual permits associated with a vehicle's license plate must have the license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(ii) Parking permits are not transferable.

(2) Commuter services reserve the right to refuse to issue parking products.

(3) The district may allow persons without permits to drive through the campus without parking.

(a) This section does not apply to vehicles that the district owns or operates.

(b) Any vehicle, attended or unattended, must have a valid parking permit when parked on the campus unless the vehicle is:

(i) Parked in a metered parking space with meter payment;

(ii) Parked in a loading zone in compliance with posted limits;

(iii) Parked in a lot that does not require a permit during specified times as posted;

(iv) Parked in a posted short-term parking space in compliance with posted time limits; or

(v) A public safety or emergency vehicle parked while performing emergency services.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-041, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-042 Carpool and disability parking permits.

(1) Carpool permits may be issued to employees and students. One transferable permit will be issued for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. A carpool permit may be used with only one vehicle per day. Members of the campus carpool program must register their carpool with commuter services.

(2) The district provides parking for persons with disabilities in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit. Commuter services shall make alternative parking available for short-term disabilities.

(3) Use of disability accommodation parking on campus requires payment for parking in the form of a campus parking permit issued by commuter services, payment at a pay station, or payment at a parking meter for the designated space in which the vehicle is parked.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-042, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-043 Transfer of parking products limited.

(1) As provided herein, a permit holder may transfer a permit between motor vehicles when used by that permit holder. Improper transfer of a permit shall include, but is not limited to, the resale, lending, or transfer of a parking product or parking permit other than as provided herein. Multiple motor vehicles may be associated with a virtual permit, but only one vehicle associated with a specific virtual permit may be parked on campus per calendar day. If more than one vehicle associated with a virtual permit is parked on campus during the course of a day, all additional vehicles are subject to a parking citation unless each additionally parked vehicle has a separate valid permit.

(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-043, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-044 Responsibility of person(s) to whom parking product issued.

(1) The person(s) to whom a parking product is issued is responsible for paying for the product until it expires or is returned to commuter services unless stated otherwise in these rules. All associated outstanding commuter services related fees and fines must be satisfactorily settled before a parking product may be issued, reissued, or renewed.

(2) When requested, a parking permit holder shall provide commuter services with the current valid license plate number of any vehicle(s) with which they intend to use a parking permit.

(3) The person(s) to whom a parking product is issued is responsible for any violations of this chapter associated with a vehicle with which the product is used during the time the product is valid and up to the date and time the product expires or is reported lost or stolen.

(4) Commuter services may also require proof of vehicle registration for certain designated parking products.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-044, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-051 Display of permits.

(1) Visual permits shall be prominently displayed in accordance with the instructions printed on the permit and shall be fully visible from the exterior of the vehicle. Virtual permits are associated with a vehicle's license plate, and accordingly, a vehicle associated with a virtual permit must have its license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.

(2) Instructions relating to the display and assignment of a permit to a vehicle(s) will be provided by commuter services at the time of issuance and are located on the commuter services website.

(3) Motorcycle and scooter permits shall be registered with commuter services.

(4) Commuter services may authorize certain designated virtual permit holders to use a vehicle's license plate as a permit. Certain designated virtual permits may require the completion of a permit registration process. Virtual permit instructions will be provided at the time of permit issuance.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-051, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-052 Allocation of parking spaces.

The parking spaces available on campus shall be allocated in a manner that will best attain the objectives of these rules.

During special occasions causing additional or heavy traffic and during emergencies, the district may impose additional traffic and parking policies to achieve the specified objectives of this chapter.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-052, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-053 Overtime parking violations.

After a motor vehicle has been cited for parking beyond the time posted, the vehicle may be cited at a frequency of one additional citation for each period of time equal to the maximum time limit posted for the space.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-053, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-061 Parking fees.

Seattle College District VI board of trustees shall adopt parking fees, specifying the charge per time period, day, quarter, and year. The fee structure shall be on file at individual college business offices and the district purchasing office.

Commuter services shall sell quarterly and yearly permits to the districts' employees and students. Students who are registered for six or more credits shall purchase parking at the student rate, even if the student is working as an employee of the college or district.

Commuter services may also sell hourly, daily, quarterly, and yearly permits at their discretion to regular visitors. A person who parks a vehicle in a metered parking space must pay for time used during posted times of operation.

Fees collected from the sale of parking permits shall be used to help offset the expenses of the district's commute trip reduction program, to help maintain the parking facilities at each campus, and to assist with funding of the positions necessary to enforce these parking rules and regulations, and other purposes deemed appropriate.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-061, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-062 Parking within designated spaces.

(1) No motor vehicle shall be parked on the campus except in areas designated as parking areas, unless expressly authorized by commuter services or campus safety.

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

(3) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, parking lot drive aisle, or roadway, or obstruct pedestrian movement along any plaza, path, or sidewalk unless expressly authorized by commuter services or campus safety.

(4) No vehicle shall park in a parking space designated for persons with disabilities without displaying a disabled license plate, card, or decal issued by the Washington state department of licensing (or from equivalent other jurisdictions in other states) that indicates that an occupant of the vehicle is disabled. Such vehicle must be used to transport the person with disabilities.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-062, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-063 Denial or revocation of parking privileges.

Commuter services reserve the right to deny or revoke parking privileges to anyone who has:

(1) Had a permit revoked;

(2) Falsified a parking application or registration;

(3) Counterfeited or altered a permit;

(4) Failed to pay outstanding citations;

(5) Been found to be in possession of or using a lost, refunded, or stolen permit;

(6) Removed an immobilization device without authorization;

(7) Been banned from campus;

(8) Failed to comply with commuter services directions;

(9) Damaged campus property while driving or parking on campus;

(10) Verbally abused or assaulted staff, including commuter services staff.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-063, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-064 Parking—Operator's responsibility.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

(1) Stopping the engine, locking the ignition, and removing the key;

(2) Effectively setting the brake and transmission to prevent movement of the vehicle.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-064, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-066 Regulatory signs, markings, barricades, etc.

(1) The district may erect permanent or temporary signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by commuter services employees, campus facilities employees, campus safety officers, or authorized contractors in the control and regulation of traffic. Drivers shall also comply with directions given to them by commuter services employees, campus safety officers, or authorized contractors in the assignment of parking space and in the collection of parking fees.

(2) No person without authorization from the district shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-066, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-067 Speed.

No vehicle shall be operated on the campus at a speed in excess of posted limits. If no limit is posted, no vehicle shall exceed 20 miles per hour or such lower speed as is reasonable and prudent in the circumstances.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-067, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-069 Pedestrian's right of way.

(1) The operator of a vehicle shall yield right of way to any pedestrian. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible or unsafe for the driver to yield.

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

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

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-069, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-071 Motorcycles, bicycles, EPAMDs, and scooters.

(1) Motorcycles, bicycles, EPAMDs, and scooters are subject to all traffic rules controlling other motor vehicles.

(2) Motorcycles and motorized scooters must be parked in designated motorcycle parking areas.

(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.

(5) No bicycles, EPAMDs, or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation including, but not limited to, skateboards, roller skates, and roller blades.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-071, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-072 Issuance of parking citations.

Upon probable cause that a violation of these rules has occurred, a campus safety officer, commuter services employee, or contractor designated by commuter services may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the license plate number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-072, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-073 Fines, immobilization, and impounding.

(1) The current schedule of fines shall be published by the district and made available for review online and prominently displayed on campus.

(2) All fines are due upon receipt of the citation and must be paid as designated on the citation within 20 calendar days from the date of the citation. Fines must be delivered in person to a college cashier's office, paid online, or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after 20 calendar days from the date of the citation, the institution shall impose an additional fine of $10 per offense and may:

(a) Impound or immobilize the violator's vehicle;

(b) Deny future parking privileges to the violator;

(c) Refuse to issue keys to a violator who is an employee or student;

(d) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and institutional procedure.

(3) In addition to imposing fines, campus safety officers, commuter services employees, or authorized contractors or agents may immobilize and/or impound any vehicle parked on campus in violation of these rules. Grounds for impounding or immobilizing vehicles shall include, but not be limited to, the following:

(a) Blocking a roadway so as to impede the flow of traffic;

(b) Blocking a walkway so as to impede the flow of pedestrian traffic;

(c) Blocking a fire hydrant or fire lane;

(d) Creating a safety hazard;

(e) Blocking another legally parked vehicle;

(f) Parking in a marked "tow-away" zone;

(g) Leaving a vehicle unattended on campus for longer than two days, unless the vehicle has a valid student housing resident permit;

(h) Failing to pay a fine(s) imposed under this chapter;

(i) Parking a vehicle on campus that has no license plate(s) and no observable vehicle identification number.

(4) Not more than one business day after impoundment or immobilization of any motor vehicle, commuter services shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, redemption procedures, and an opportunity to contest the immobilization or impoundment. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage.

All parking fines, fees, the cost of immobilization and/or impoundment (e.g., booting, towing, and storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle. Impounded motor vehicles shall be redeemed only by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for the motor vehicle. Proof of ownership may be required before a vehicle is released from immobilization or impound.

(5) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's college.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-073, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-074 Appeals of fines, immobilization, and impoundments.

(1) Any immobilization, impoundment, or fine under this chapter may be appealed in writing, or when available, appealed through the online parking portal, within 20 calendar days from the date of the citation, the notice of immobilization, or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation, notice of immobilization, or notice of impoundment. Commuter services will make appeal forms available at the commuter services office. The notice of appeal must explain the reasons for contesting the citation, immobilization, or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal. Online appeal instructions can be accessed through each college website.

(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by WAC 132F-108-050. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within 10 calendar days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within 21 calendar days after service of the decision.

(3) A person wishing to contest the written decision may request a review by contacting the college issuing the citation in writing within 21 calendar days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within 20 calendar days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within 10 calendar days after service of the decision.

(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within 10 calendar days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-074, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-076 Permit and parking product revocations.

Parking products are the property of the district and may be recalled by the issuer for any of the following reasons:

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

(2) When a parking product is used on an unauthorized vehicle, by an unauthorized individual, or in an unauthorized manner;

(3) Falsification on a parking product application;

(4) Multiple or continued violations of parking rules;

(5) Counterfeiting, altering, or using a lost/stolen parking product;

(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer;

(7) Nonpayment of parking product fees or parking fines.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-076, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-077 Right to appeal revocation.

Parking product revocations under this chapter may be appealed pursuant to the procedures in WAC 132F-116-005.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-077, filed 1/13/23, effective 2/13/23.

Wash. Admin. Code § 132F-116-079 Motorized vehicles—Responsible parties for illegal parking.

(1) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is registered to a permit holder, there shall be a prima facie presumption that the permit holder was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.

(3) This section shall not apply to district-operated motor vehicles. The operator of a district-owned motor vehicle is personally liable for any citation issued to the motor vehicle.

(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within 20 calendar days of the date of the citation or submitting a petition where the third party agrees to take responsibility.

(5) When mitigating circumstances exist, authorized commuter services personnel may reduce or dismiss fines.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-03-074, § 132F-116-079, filed 1/13/23, effective 2/13/23.

Chapter 132F-121 Student activities, rights and discipline.

Wash. Admin. Code § 132F-121-005 Statement of values.

The Seattle College District is a diverse and dynamic learning community. As such, the college district maintains a strong commitment to our values. We value students: We promote programs, services and activities that address students' needs and interests; student success through accessibility and support services; and student development through activities both inside and outside the classroom. We value diversity: We promote respect for the abilities and interests of each individual; awareness and understanding of all people; and appreciation of the unique cultures of our campuses. We are committed to the concept and practice of equal opportunity for all, and do not tolerate discrimination or retaliation against any member of the college community because of their race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status, religion; creed; genetic information; sexual orientation; age; gender identity; gender expression; veteran's status; or any other legally protected classification, in accordance with WAC 132F-121-110(1).

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-005, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-005, filed 1/25/16, effective 2/25/16.

Wash. Admin. Code § 132F-121-010 Definitions and general provisions.

For purposes of this chapter, except for the Title IX supplemental procedures, the following definitions apply. The definition of "consent," however, will apply to the whole chapter.

(1) The terms "college" and "campus" are used interchangeably, and each refers to any of the district's three colleges, North Seattle College, Seattle Central College, and South Seattle College.

(2) "Day" means calendar day, unless specified otherwise, and deadlines shall be computed in accordance with WAC 10-08-080.

(3) "District" means the sixth state college district, the district administrative offices (Siegal Center), North Seattle College, Seattle Central College, South Seattle College, and/or every other District VI educational facility, each separately and all together.

(4) "District community" includes, but is not limited to, the district itself and all enrolled students, employees, officers, and invitees of the district.

(5) "District property" includes all real property, buildings, and other facilities that are owned, leased, or controlled by the district or by the state for district purposes.

(6) "Vice president for student services" means the person whom a college president has appointed to that position or has otherwise designated to perform the functions ascribed to that position in this chapter.

(7) An action or activity that may be authorized or taken by the district chancellor, a vice chancellor, a campus president, or a campus vice president may also be authorized or taken by any other person whom that officer has specifically designated to perform that function on their behalf, but this officer retains responsibility for the function.

(8) After the adoption of these rules, if a statute or rule to which they refer is renumbered or otherwise amended, these rules shall be interpreted to the fullest extent possible to incorporate such amendment while still giving effect to their original purposes.

(9) Service of any document, notice, or copy under this chapter shall be made (a) by personal delivery, (b) by mailing to the recipient's last known address, which service shall be regarded as complete upon deposit in the U.S. mail properly stamped and addressed, or (c) as otherwise authorized by law or rule.

(10) The term "student" includes all persons taking courses at the district, either full-time or part-time. Persons who withdraw after allegedly violating the student code, who are not officially enrolled for a particular term but who have a continuing relationship with the district, or who have been notified of their acceptance for admission are considered "students" as are persons who are living in district resident halls, although not enrolled at the district.

(11) The term "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.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-010, filed 6/1/23, effective 7/2/23
• WSR 21-10-027, § 132F-121-010, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-010, filed 1/25/16, effective 2/25/16. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-121-010, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-010, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-010, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-020 Student rights, freedoms, and responsibilities.

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

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

(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 harassment.

(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.

(iv) Sexual misconduct investigations. Both the respondent and the claimant 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.

(2) Classroom freedom of expression. The district recognizes the rights of students to freedom of discussion and free expression of views. However, students' rights of classroom expression do not include expressions or conduct which create a hostile educational environment or violate chapter 49.60 RCW or other applicable law. It is the responsibility of the instructor to insure and encourage the realization not only of the fact but of the spirit of free inquiry. Instructors have the responsibility to maintain order, but this authority shall not be used to inhibit the expression of views contrary to their own. Students have the right to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they cannot do so in a disruptive manner that interferes with the educational process. Students are responsible for learning the content of any course of study for which they are enrolled. It also is the responsibility of the student to comply with the instructor's efforts to assure freedom of expression and to maintain order.

(3) Protection against improper evaluation. Instructors shall give their students fair and consistent evaluations of the students' course performance. Toward this end, instructors are also responsible for establishing appropriate standards of academic performance for each course. Fair and consistent grading is a legitimate classroom experience.

(4) Protection against improper disclosure. Information about student views, beliefs, and political associations which is acquired by instructors in the course of their work as faculty or advisors, under circumstances which clearly indicate that it is intended to be confidential, shall be treated as confidential and shall not be disclosed to others, unless it relates to the apparent or intended commission of a crime or disclosure is required by law. Protection against improper disclosure of student education record information is a serious professional obligation incurred by the teaching profession and district administrators. However, evaluations of student ability and character may be provided to third parties with the student's consent or in accordance with applicable law.

(5) Nonacademic expression and inquiry. Students and student organizations are free to examine and to discuss all questions of interest to them and to express opinions publicly and privately, in accordance with law. They are free to support causes by orderly and lawful means which do not disrupt the operation of the institution and which comply with the district's policies regarding these activities.

(6) The district shall respect students' right to privacy. It will not inquire into the off-campus activities of its students without legal justification.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-020, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-020, filed 1/25/16, effective 2/25/16. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-020, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-030 Student organizations.

(1) Student organizations may be established and recognized whether their aims are educational, cultural, recreational, social, athletic, religious, political, or economic. Affiliation with an external organization shall not in and of itself disqualify a campus-based student organization from recognition. Membership in a student organization shall be open to any student who subscribes to the stated aims of the organization. To operate as such, a student organization must be recognized by the approved student government organization. The student organization shall abide by all governing federal and state laws and district and campus rules, policies and procedures.

(2) A college may require, as a condition of access to campus funds and/or facilities, demonstration or proof of the student enrollments of a student organization's members. However, any list of members compiled for such purposes shall not be publicly disclosed except in accordance with applicable law. A college may, in its discretion, permit others, such as students' spouses, to participate in a student organization's activities under appropriate conditions.

(3) Each year, before a student organization may be recognized or function as such, or may use services and activities funds, a college employee must be identified to serve as its advisor and their name must be approved by the vice president for student services or designee.

(4) Where funds are allocated to a student organization, financial accountability is required. Student organizations' funds shall be maintained at the college, in college accounts. The organizations shall keep detailed written records of their income and expenditures and shall assure that these can be reconciled with the campus budget and accounting system. Student organizations' financial records must be made available upon request to the student government organization and to any administrative officer designated by the college president.

(5) A college president may withdraw a student organization's recognition and funding for good cause. Such cause shall include, but not be limited to, (a) failure to comply with this rule or other district requirements or (b) hazing.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-030, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-030, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-030, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-035 Hazing prohibited—Sanctions.

(1) Hazing by a student or a student group is prohibited pursuant to WAC 132F-121-110(15).

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

(3) Washington state law provides that:

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

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

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

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

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-035, filed 6/1/23, effective 7/2/23.

Wash. Admin. Code § 132F-121-040 Journalistic freedom and responsibility.

(1) A primary purpose of student publications is to promote free and responsible discussion of campus and community issues.

(2) Each campus president shall establish a board of publications composed of representatives of students, faculty, and staff. This board shall serve as the publisher of all student publications and shall have general authority over them.

(3) The board of publications may adopt, subject to modification by the campus president, such journalistic, editorial, and advertising guidelines as it deems appropriate to govern student publications. Unless specifically stated by the board and approved by the campus president otherwise, these guidelines shall be deemed to include all applicable federal and state laws, all district rules, policies and procedures, and relevant codes of journalistic, editorial and advertising ethics and practices as adopted by national trade and professional organizations, including but not limited to the Statement of Principles as adopted by the American Society of Newspaper Editors.

(4) Student newspapers shall be free of censorship. However, student newspapers and other student publications shall follow the board's guidelines as described above. Student editors shall be free to develop their own editorial policies within these guidelines.

(5) Staff members of student newspapers shall not be subject to arbitrary discipline or dismissal because of student, faculty, administrative or community disapproval of editorial policy or content.

(6) Good cause for discipline or dismissal of a student publication staff member shall include, but not be limited to, violation of the board's guidelines. Any discipline or dismissal of a student staff member shall be subject to review under the student complaint procedure.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-040, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-050 Student use of the district/college name.

(1) No individual student, student group, or student organization may act or make any representation in the name of the district or of any campus without specific authorization from the vice president for student services or designee.

(2) No individual student, student group or student organization shall falsely indicate or represent that their own position on any policy or issue is that of the district or of any campus.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-050, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-050, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-050, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-060 Student grievances generally.

(1) The purpose of these procedures is to provide guidelines which enable a student to express and resolve misunderstandings, complaints, or grievances in a fair and equitable manner. These procedures are to be used for addressing informal grievances and formal grievances against college employees as far as the collective bargaining agreement under which the employee works allows.

(2) Students have the right to receive clear information and fair application of college policies, standards, rules and requirements and are responsible for complying with them in their relationships with college personnel. The grievance procedure emphasizes an informal resolution which promotes constructive dialogue and understanding. Available to all students and it is intended to protect the rights of both the complainant and the respondent. The formal procedures should be used when informal process does not resolve the issue.

(3) A "grievance" is defined as a good faith allegation based on personal experience or knowledge by a student or students that there has been a violation, misapplication, or misinterpretation of some service or rule as it applies to students in the institution by a staff or faculty member of the institution, resulting in loss or detriment to the complainant. However, an objection to disciplinary action under the student conduct code is only appealable under that code, and cannot constitute a grievance.

(4) The student grievance procedure described is not intended to cover grievances of discrimination or sexual harassment. The college has separate, specific procedures for such grievances.

(5) Each college president shall appoint a grievance officer to handle student grievances. This position shall be filled by an employee whose position is below the level of vice president. The district chancellor shall designate a grievance officer to handle grievances against Siegal Center employees. If the president or chancellor determines, upon request, that the grievance officer has a disqualifying conflict of interest in a particular matter, they may appoint a substitute grievance officer for that matter. Information on the identity and location of the grievance officer(s) and about this procedure shall be readily available within each college.

(6) Each campus will appoint one or more nonstudent employees who will serve as student process advocates. This role will guide the student through the informal and formal process.

(7) No respondent or district employee shall take adverse action or otherwise retaliate against a student because that student initiated a good faith grievance or assisted another student with a grievance.

(8) Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community college education or the board of trustees of Seattle Colleges shall not be grievable matters.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-066, § 132F-121-060, filed 6/12/21, effective 7/13/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-060, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-060, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-070 Informal processing of student grievances.

(1) The goal is to informally resolve the grievance with the employee most closely responsible for the policy, procedure, or action. The college employee and student shall make a good faith effort to resolve the issue on a one-to-one basis.

(2) Both parties should openly discuss the concern, attempt to understand the other's perspective, explore alternatives and attempt to arrive at a satisfactory resolution. For assistance in identifying the appropriate person a student should contact the student grievance process advocate, as designated by the VPSS. In such cases, the student may choose to engage with the student grievance process advocate as designed by the institution in support of these efforts.

(3) If the student complainant believes that discussion with an employee respondent will not achieve or has not achieved a satisfactory result, the student may communicate about the matter with the respondent's supervisor.

(4) This informal process must be completed in a timely manner. In general, a student wishing to express a grievance should do so as soon as the grievance arises, but no later than the end of the quarter in which the issue occurred.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-066, § 132F-121-070, filed 6/12/21, effective 7/13/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-070, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-070, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-080 Formal processing of grievances.

(1) A grievance is a formal procedure instituted when a grievance is not resolved through the informal grievance process. It involves submitting a written grievance to the student grievance officer often with the help of the student grievance process advocate.

(2) A student wishing to express a grievance should do so no later than the last day of the quarter after the event occurred, with the exception of spring quarter where the last day to file a formal grievance is the last day of fall quarter.

(3) The following procedures shall be used when a student initiates the grievance process. All timelines below can be adjusted as deemed appropriate by the grievance officer.

(a) Student (complainant) submits a written grievance;

(b) Grievance officer reviews and qualifies, or requests the student revise for subsequent qualification;

(c) Grievance officer notifies employee (respondent) and their supervisor with written grievance and documentation, once qualified, within five business days or the maximum days afforded in the employee's contract;

(d) Respondent must provide a written response to student grievance officer, within ten business days;

(e) The respondent's supervisor must provide a written summary of attempts to resolve or facts gathered in the grievance process to the student grievance officer within the same time frame as respondent;

(f) Student grievance officer sends response to complainant within five business days;

(g) The grievance is confirmed by the student as resolved, or if the student feels a satisfactory resolution was not achieved, they may request a conference with the respondent and their supervisor, facilitated by the student grievance officer within five business days. Students have the right to bring an advocate to the conference meeting with notification to the grievance officer;

(h) Student grievance officer initiates scheduling of one hour conference meeting to facilitate discussion for attempted resolution, within five business days;

(i) Grievance officer will provide to all parties a written summary of the conference, within five business days;

(j) If complainant is not satisfied with the resolution upon receipt of the conference summary, they may request of the grievance officer a final review by the respondent's vice president or appropriate unit administrator in writing within five business days; and

(k) The unit administrator may amend, modify, reverse or accept the recommendation. This decision must be sent to the complainant within ten business days. This decision shall be final.

(4) The grievance officer or appropriate unit administrator may extend the timeline under exceptional circumstances such as extended illness or off contract status.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-066, § 132F-121-080, filed 6/12/21, effective 7/13/21
• WSR 21-10-027, § 132F-121-080, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-080, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-080, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-090 Additional provisions for grade grievances.

(1) For student grievances regarding grades received for course work, before a student can file a formal or written grade appeal, they should try to resolve the issue directly with the instructor or their dean.

(2) If direct discussion with the faculty or instructional dean does not resolve the grade dispute to the student's satisfaction, the student may begin the formal grade grievance process.

(3) A student may formally grieve only the final grade received in a course, but that grievance may include any or all of the components of that final grade. For a grade grievance, the respondent(s) shall be, or include, the instructor who issued the grade. Assignment grades before the quarter ends, must be resolved using the informal grievance process by involving the instructor and their dean.

(4) A formal grievance regarding a grade must be filed not later than the last day of the quarter which follows the quarter for which the disputed grade was received, except that a grievance regarding a spring quarter grade may be filed through the last day of the following fall quarter.

(5) In specifying the facts and other grounds on which it is based, the formal grievance shall specify the grade that is being challenged and should attach copies of relevant documents. The response on behalf of the respondent shall include, to the extent feasible, the applicable evaluation criteria, copies of the course syllabus and relevant grading records, and the faculty member's explanation for the grade.

(6) Ordinarily the evaluation of course mastery is exclusively within the province of the instructor of a particular course, and so a grade change may be initiated only by that instructor.

(7) Nothing in these rules shall be construed to limit the separate authority of the vice president of instruction to change a grade when required by a judicial order or a legal settlement agreement entered into by the district, regardless of whether a grievance has been filed.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-066, § 132F-121-090, filed 6/12/21, effective 7/13/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-090, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-090, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-100 Student conduct generally.

(1) Pursuant to the authority granted by RCW 28B.50.140 and other applicable law, the district board of trustees hereby establishes the following rules on student conduct and student discipline as the district's student conduct code.

(2) This student conduct code applies to every person who is enrolled as a student in the district.

(3) Expectations of students. Admission to the district presumes that students will conduct themselves as responsible members of the district community. When students enroll in any of the colleges or facilities operated by the district, they assume the obligation to observe standards of conduct which are appropriate to the pursuit of their educational goals.

(4) Student responsibility. Students have the obligations to:

(a) Maintain high standards of academic and personal honesty and integrity;

(b) Respect the rights of others and cooperate with all parts of the district community to insure that such rights are guaranteed, whether or not the views of those exercising such rights are consistent with their own;

(c) Refrain from actions which would interfere with campus functions or endanger the health, safety, welfare or property of others;

(d) Comply with district rules and regulations; and

(e) Comply with duly constituted civil authority, and obey all applicable laws.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-100, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-110 Student misconduct.

Misconduct for which the campuses may impose sanctions includes, but is not limited to, any of the following:

(1) Discriminatory conduct. Discriminatory conduct which harms or adversely affects any member of the college community because of their race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status, religion; creed; genetic information; sexual orientation; age; gender identity; gender expression; veteran's status; or any other legally protected classification.

(2) Sexual misconduct. Sexual misconduct includes sexual harassment, sexual intimidation, sexual violence, domestic violence, and dating violence. Sexual misconduct may also include acts of sexual harassment prohibited under Title IX. See WAC 132F-121-280.

(a) Sexual harassment is a form of sexual discrimination consisting of unwelcome, gender-based, verbal, written, electronic and/or physical conduct. Sexual harassment does not need to be sexual in nature and can include offensive remarks about a person's gender. There are two types of sexual harassment:

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

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

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

(i) Invading another person's sexual privacy;

(ii) Prostituting another person;

(iii) Nonconsensual photography and digital or video recording of nudity or sexual activity, or nonconsensual audio recording of sexual activity;

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

(v) Engaging in voyeurism. A person commits voyeurism if they knowingly view, photograph, record, or film another person, without that person's knowledge and consent, while the person being viewed, photographed, recorded, or filmed is in a place where the person has a reasonable expectation of privacy;

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

(vii) Causing the nonconsensual indecent exposure of another person, as defined by subsection (21) of this section.

(c) Sexual violence. Sexual violence is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, incest, statutory rape, and stalking are all types of sexual violence.

(i) Nonconsensual 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 is intentional sexual touching, however slight, with any object or body part, 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.

(d) Consent: Knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or is 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. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(e) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law, and includes conduct that causes emotional, psychological, physical, and sexual trauma.

(f) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim, and includes conduct that causes emotional, psychological, physical, and sexual trauma. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

(g) Stalking is 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.

(3) Harassment. Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct not otherwise protected by law, that is directed at a person because of their membership in a protected class and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person's race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; gender expression; veteran's status; or any other legally protected classification, and includes sexual harassment. Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic forms of communication not otherwise protected by law.

(4) Academic dishonesty. Any act of course-related dishonesty including, but not limited to, cheating or plagiarism.

(a) Cheating includes, but is not limited to, using, or attempting to use, any material, assistance, or source which has not been authorized by the instructor to satisfy any expectation or requirement in an instructional course, or obtaining, without authorization, test questions or answers or other academic material that belong to another.

(b) Plagiarism includes, but is not limited to, using another person's ideas, words, or other work in an instructional course without properly crediting that person.

(c) Academic dishonesty also includes, but is not limited to, submitting in an instructional course either information that is known to be false (while concealing that falsity) or work that is substantially the same as that previously submitted in another course (without the current instructor's approval).

(5) Other dishonesty. Any other act of dishonesty related to district operations. Such acts include, but are not limited to:

(a) Forgery, alteration, or misuse of any district document, record, or instrument of identification;

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

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

(6) Obstruction or disruption of (a) any instruction, research, administration, disciplinary proceeding, or other district activity, whether occurring on or off district property, or (b) any other activity that is authorized to occur on district property, whether or not actually conducted by the district.

(7) Assault, physical abuse, verbal abuse, threat(s), intimidation, harassment, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person's property.

(8) Bullying is unwelcome conduct, whether verbal, physical or otherwise, including "cyber" bullying that is objectively offensive and sufficiently severe, or persistent, and/or pervasive, that it has the effect of substantially limiting the ability of an individual to participate in or benefit from the colleges' educational and/or social programs, and/or student housing. Bullying behavior is conduct that is not otherwise protected by law. Bullying may be top-down, perpetuated by someone with greater positional power towards another with lesser positional power; bottom-up, perpetuated by someone with lesser positional power towards someone with greater positional power; or peer-to-peer. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as bullying.

(9) Cyber misconduct. Cyberstalking, cyberbullying, or online harassment. Use of electronic communications including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another's email communications directly or through spyware, 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, including images or videos of a sexual nature, and nonconsensual distribution of such material.

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

(11) Attempted or actual damage to, or theft or misuse of, real or personal property or money of (a) the district or state, (b) any student or district officer, employee, or organization, or (c) any other person or organization lawfully present on district property, or possession of such property or money after it has been stolen.

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

(13) Participation in any activity which unreasonably disrupts the operations of the district or infringes on the rights of another member of the district community, or leads or incites another person to engage in such an activity.

(14) Weapons. Carrying, holding, wearing, exhibiting, displaying or drawing 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, subject to the following exceptions:

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

(b) A student with a valid concealed weapons permit may store a firearm in their vehicle parked on campus in accordance with RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or

(c) The president or the president's designee may authorize possession of a weapon on campus upon a showing 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 therein.

(d) This prohibition does not apply to the possession and/or use of disabling chemical sprays when possessed and/or used for self-defense.

(15) Hazing. Hazing includes any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary educational institution in this state, 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. Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.

(16) Alcohol. The use, possession, delivery, or sale of any alcoholic beverage, except as permitted by law, applicable college policies, or authorized by chancellor or a college president, or being observably under the influence of alcohol.

(17) Drugs.

(a) Marijuana. The use, possession, delivery, or sale of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

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

(18) Obstruction of the free flow of pedestrian or vehicular movement on district property or at a district activity.

(19) Conduct which is disorderly, lewd, or obscene.

(20) Breach of the peace, or aiding, abetting, or procuring a breach of the peace.

(21) 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.

(22) The use of tobacco, electronic cigarettes, and related products is prohibited in any building owned, leased or operated by the college, including 25 feet from entrances, exits, windows that open, and ventilation intakes of such buildings, and where otherwise prohibited. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff.

(23) Theft or other misuse of computer time or other electronic information resources of the district. 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 district'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 district's electronic information resources without authorization; or

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

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

(25) Abuse or misuse of any of the procedures relating to student complaints or misconduct including, but not limited to:

(a) Failure to obey a subpoena;

(b) Falsification or misrepresentation of information;

(c) Disruption, or interference with the orderly conduct, of a proceeding;

(d) Interfering with someone else's proper participation in a proceeding;

(e) Destroying or altering potential evidence, or attempting to intimidate or otherwise improperly pressure a witness or potential witness;

(f) Attempting to influence the impartiality of, or harassing or intimidating, a student conduct committee member; or

(g) Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

(26) Safety violations. The operation of any motor vehicle on district property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person. Safety violation includes any nonaccidental conduct that interferes with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems.

(27) Violation of any other district rule, requirement, or procedure including, but not limited to, any that is posted in electronic form, the district's traffic and parking rules, or the requirements for carpool parking.

(28) Violation of any federal, state, or local law, rule, or regulation, including any hate crime.

(29) 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.

In addition to initiating discipline proceeding for violation of the student conduct code, the college may refer any violations of federal, state or local laws to civil and criminal authorities for disposition. The college shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

(30) Attempting to commit any of the foregoing acts of misconduct or aiding, abetting, inciting, encouraging, or assisting another person to commit any of the foregoing acts of misconduct.

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

History

• Statutory Authority: RCW 34.05.010(16) and 28B.50.140(13). WSR 25-15-048, s 132F-121-110, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-110, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-110, filed 6/1/23, effective 7/2/23
• WSR 21-10-027, § 132F-121-110, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-110, filed 1/25/16, effective 2/25/16
• WSR 13-11-127, § 132F-121-110, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-110, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-120 Instructor sanctions for course work dishonesty or classroom misconduct.

(1) An instructor need not give credit for course work that is the product of cheating, plagiarism, or other dishonesty. For any act of dishonesty that occurs during an instructional course, the instructor may adjust the student's grade accordingly for the particular examination, paper, or other work product where that dishonesty occurred. Any such grade adjustment shall not limit or preclude disciplinary sanction(s) for the same act of dishonesty.

(2) An instructor may 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. If a student is so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum, that action may include removing that student from that day's class session.

(3) With regard to any act of course-related dishonesty, classroom misconduct, or other academic misconduct, the faculty member involved may notify their dean, with supporting documentation. The dean shall then determine whether to refer the matter to the vice president for student services for possible disciplinary action.

(4) A student who has received a grade adjustment by the instructor on the basis of dishonesty may grieve that adjustment under the student complaint procedure. However, any disciplinary sanction that is imposed instead of or in addition to an instructor's grade adjustment may be imposed and reviewed only under the student disciplinary procedure.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-120, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-120, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-130 Disciplinary jurisdiction.

In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state, or local laws to civil and criminal authorities for disposition. The college shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution.

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

(a) On college premises; or

(b) At or in connection with college-sponsored activities; or

(c) To off-campus conduct that in the judgment of the college adversely affects the college community or the pursuit of its objectives.

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

(3) Students are responsible for their conduct from notification of admission to the college through the actual receipt of a certificate or degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.

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

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-130, filed 6/1/23, effective 7/2/23. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-130, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-140 Initiation of discipline.

(1) The vice president for student services or designee at each campus is responsible for investigating possible violations of this student conduct code at that campus and initiating any appropriate disciplinary actions. If that officer is a respondent in a complaint initiated by the subject student, the college president shall, upon request and when feasible, designate another person to fulfill any such disciplinary responsibilities relative to the complainant.

(2) Any member of the district community may make a complaint against a student whom she/he believes has violated this student conduct code. Such a complaint should ordinarily be filed in writing with the vice president for student services. However, no such complaint is required in order for that vice president to take action on any matter that comes to their attention.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-140, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-140, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-140, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-150 Vice president's review and action.

(1) After conducting such initial investigation of possible misconduct as she/he deems appropriate, the vice president for student services or designee shall meet, or make a reasonable effort to meet, with the subject student. At that meeting, or if there is no meeting in a document served on the student, the vice president shall describe the complaint and/or information that has been received and identify the rule violations that appear to have occurred. In order that any informality not mislead the student as to the seriousness of the matter, the vice president shall also inform the student of the sanction(s) that may be imposed for the alleged misconduct. The vice president shall give the student an opportunity to respond to the allegations before a disciplinary decision is made.

(2) After considering the information that has been obtained through investigation and/or from the student, the vice president may take any of the following actions:

(a) Terminate the proceeding, exonerating the student;

(b) Give any appropriate counseling or advice and then terminate the proceeding;

(c) Impose disciplinary sanction(s), subject to any right of appeal as described herein; or

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

(3) A "respondent" as referred to hereinafter is a student upon whom a disciplinary sanction has been imposed or whose case has been referred to the student conduct committee.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-150, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-150, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-160 Disciplinary actions.

(1) Any of the following disciplinary sanctions may be imposed for violation of one or more specified provisions of this student conduct code:

(a) Warning: Oral notice to the student of the violation(s). There shall be no appeal from a warning.

(b) Reprimand: Written notice to the student of the violation(s). A reprimand indicates, and usually states, that other or further misconduct, especially any continuation or repetition of the misconduct in question, may or will result in more serious disciplinary action. There shall be no appeal from a reprimand.

(c) Probation: Placement of one or more conditions on the student's continued attendance, as specified in the written notice to the student. The time period of the probation will ordinarily be stated in the notice; if not stated at all, or if so stated, the probation shall be for an indefinite period, concluding only with the end of the student's enrollment.

Probation may include 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 be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

(d) Suspension from activities: Disqualification of the student, for a stated or indefinite period of time, from participation in specified (or all) privileges, services, or activities that are provided or sponsored by the district.

(e) Suspension of enrollment: Termination, for a stated or indefinite period of time, of all rights as an enrolled student in the college and/or the district, subject to the student's right to seek reinstatement as provided in WAC 132F-121-240.

(f) Expulsion: Permanent termination of a student's enrollment, and right to enroll, at any college or other educational facility in the district.

(g) Grade change: Lowering of a student's grade in a course below that awarded by the instructor.

(2) The conditions or terms of probation or suspension may include, without limitation:

(a) Restriction of future contact or communication with designated persons;

(b) Restriction of the student's access to district property; and/or

(c) Payment for personal injury, property damage, or other expenses related to the violation;

(d) Requirement of a medical evaluation by a qualified professional to assess the student's ability to function in the academic environment. Upon completion of the medical evaluation, the student may be readmitted so long as the student does not pose a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. In determining whether students with disabilities (as defined by Section 504 of the Rehabilitation Act, Title II of the ADAAA, and chapter 49.60 RCW) pose such a direct threat, the vice president of student services or designee will make an individualized assessment based on reasonable judgment that relies on current medical knowledge or on the best available evidence, to ascertain the nature, duration, and severity of the risk and the likelihood, imminence, and nature of future harmful conduct to others in the college community;

(e) Requirement of satisfactory completion of anger management therapy or other specified counseling.

Failure to comply with a condition or term of probation or suspension shall be cause for further disciplinary sanction.

(3) A respondent's record of past misconduct may be considered in determining the appropriate disciplinary action.

(4) A summary suspension under WAC 132F-121-250 may be combined with or added to another suspension or an expulsion.

(5) A suspension or expulsion may include a provision stating whether all or any part of the respondent's tuition and other fees will be refunded.

(6) A disciplinary sanction, except a warning, shall be imposed through written notice served on the respondent. Each notice of disciplinary action shall state:

(a) A reasonable description of the facts on which the action is based;

(b) The provision(s) of this student conduct code found to have been violated;

(c) The sanction(s) imposed; and

(d) The respondent's right to appeal, i.e., to request an adjudicative proceeding, under these rules (except for a reprimand).

A copy of these student conduct rules should be included with the notice.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-160, filed 1/25/16, effective 2/25/16
• WSR 13-11-127, § 132F-121-160, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-160, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-170 Appeals and referrals generally.

(1) Except as otherwise provided herein, a respondent who has received notice of disciplinary sanction(s) imposed by the vice president for student services may appeal such sanction(s) by filing a written notice of appeal with that officer within ten days. The notice of appeal may include any statement that the respondent wishes to make of the grounds for their appeal.

(2) If the vice president has referred the matter to the student conduct committee for action, no appeal is required, but the student may file a written response with the vice president within twenty days of service of that referral.

(3) Except for conduct matters referred for brief adjudicative proceedings, the vice president shall promptly transmit any notice of appeal or response to referral, together with a copy of any notification of discipline, to the chair of the student conduct committee, described below. The vice president should serve a copy of that transmittal on the respondent.

(4) Except through a summary suspension under WAC 132F-121-250, a respondent's enrollment status and rights as an enrolled student shall not be altered, on the basis of a disciplinary sanction imposed by the vice president, until (a) the appeal period has run without a proper appeal being filed or (b) if there is an appeal, either that appeal has been withdrawn or the final order has been entered.

(5) If a respondent files a timely appeal of a probation or suspension that includes restrictions on contacts, communications, or campus access, the vice president will ordinarily modify those restrictions as necessary to facilitate the respondent's preparation for the hearing.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-170, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 16-04-025, § 132F-121-170, filed 1/25/16, effective 2/25/16
• WSR 13-11-127, § 132F-121-170, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-170, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-180 Student conduct committee.

(1) A student conduct committee at each college will hear all disciplinary cases at that college which are referred to it by the vice president for student services or appealed to it by a student. For purposes of WAC 132F-108-020 and any other requirements, the district trustees and chancellor and each college president designate (a) the committee provided for herein to serve as presiding officer to hear the described student disciplinary matters and (b) the committee chair both to handle and decide procedural matters (as provided herein) and to preside at the hearing.

(2) This committee shall be composed of the following three members:

(a) One administrator or exempt employee, appointed by the college president;

(b) One member of the faculty, appointed by the college president; and

(c) One student, appointed by the president of the recognized student government organization.

(3) Each appointment shall be accompanied by the appointment of two alternates. Each member and alternate shall serve for the academic year or until a replacement is appointed, whichever is longer. When a member is not available for a hearing, the committee chair shall designate an alternate to replace them for that hearing. If a member or alternate ceases to serve, a successor shall be promptly appointed. A member or alternate may be reappointed in any role.

(4) The administrator or exempt employee shall be the committee chair.

(5) A committee member is subject to disqualification for bias, prejudice, interest, or as further provided in RCW 34.05.425.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-180, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-180, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-180, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-190 Student conduct committee hearings—In general.

(1) A respondent student has a right to a prompt, fair, and impartial hearing before the student conduct committee on a referral for, or timely appeal of, a disciplinary sanction, except as otherwise provided in these rules.

(2) Chapter 34.05 RCW and chapter 10-08 WAC govern committee proceedings and control in the event of any conflict with these rules. The district's chapter 132F-108 WAC also governs committee proceedings.

(3) The chair of the committee shall give not less than seven days advance written notice of the hearing to all parties, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause.

(4) The committee chair may provide to the committee members in advance of the hearing copies of (a) the vice president for student service'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.

(5) The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions, except as overridden by majority vote of the committee, concerning the extent and forms of any discovery, issuance of protective orders, and similar procedural matters.

(6) Upon request made at least five days before the hearing by either the respondent or the vice president, the two of them 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 in their respective cases, except impeachment or rebuttal evidence. 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.

(7) The respondent and the vice president 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.

(8) The vice president shall provide reasonable assistance to the respondent, upon request, in obtaining relevant and admissible evidence that is within the college's control.

(9) Communications between committee members and other persons 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.

(10) Each party may be accompanied at the hearing by a nonattorney assistant of their choice. A respondent may elect to be represented by an attorney, but will be deemed to have waived that right unless, at least four days before the hearing, written notice of the attorney's identity and participation is served on both the chair and the vice president. If the respondent is represented by an attorney, the vice president may also be represented by an attorney. If both the respondent and vice president have counsel, the committee will ordinarily be advised by a separate assistant attorney general.

(11) Minor disciplinary actions imposing probation or suspension of ten instructional days or less and any conditions or terms placed on the student may be conducted by a brief adjudicative proceeding in accordance with RCW 34.05.482 through 34.05.494.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-190, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-190, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-190, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-200 Student conduct committee hearings—Presentations of evidence.

(1) Upon the failure of any party to attend or participate in a hearing, the committee may either (a) proceed with the hearing and issuance of its order or (b) serve an order of default in accordance with RCW 34.05.440.

(2) The hearing will ordinarily be open to the public, as further provided in RCW 34.05.449. However, if the respondent requests that some or all of it be closed, pursuant to WAC 132F-108-070 and 132F-108-080 or otherwise, the chair shall determine any extent to which the hearing will be closed. 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 he/she selects, in accordance with RCW 34.05.449. That recording, or a copy, shall be made available to the respondent upon request. The chair shall assure maintenance of the proceeding record that is required by RCW 34.05.476, which shall also be available upon request for inspection and copying by the respondent. Other recording shall also be permitted, in accordance with WAC 10-08-190.

(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 vice president for student services (unless represented by an attorney) shall present the case for disciplinary action. The facts justifying any such action must be established by a preponderance of the evidence.

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

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-200, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-210 Student conduct committee initial order.

(1) At the conclusion of the hearing, the committee shall permit the vice president for student services and the respondent to make closing arguments in whatever form it wishes to receive them. The committee also may permit each party to propose findings, conclusions, and/or an order for its consideration.

(2) Within thirty days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the committee shall issue an initial order in accordance with RCW 34.05.461 and WAC 10-08-210. This order shall include findings of fact on all material issues of fact and conclusions of law on all material issues of law - Including which, if any, specific 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.

(3) The committee's order shall also include a determination on appropriate discipline, if any. If the matter was a referral from the vice president, the committee shall determine any disciplinary sanction. If the matter was an appeal by the respondent, the committee may affirm, reverse, or modify the discipline imposed by the vice president and/or impose any other disciplinary sanction authorized herein.

(4) The committee chair shall cause copies of its order to be served on the respondent, the vice president, the college president, and any legal counsel who have appeared. The committee chair shall also promptly transmit the record of the committee's proceedings to the college president.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-210, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-220 President's review and final college order.

(1) The college president shall review the record and enter the final college order, in accordance with RCW 34.05.461(2) and 34.05.464.

(2) If either the respondent or the vice president for student services wishes to file written argument with the president, she/he must file that argument and serve a copy on the other within fifteen days after service of the committee's order. Within seven days after service of any such argument, the other party may file and serve a written response. The president shall have discretion to modify these deadlines and/or to allow oral arguments. However no new evidence, not already part of the record, may be introduced in any argument, except as expressly authorized by the president upon a showing of compelling legal justification and after any appropriate fact-finding.

(3) The president shall personally consider the whole record or such portions of it as may be cited by the parties. A party's failure to present any argument shall mean that the party is citing "none" of the record.

(4) If the committee's order includes a provision for expulsion, the president must consult with and obtain the agreement of the district chancellor. If the committee's order includes a provision for suspension from any other college(s) of the district, the president must consult with and obtain the agreement of the president(s) of such college(s).

(5) Within ninety days following the later of the conclusion of the hearing or the committee's receipt of closing arguments, the president shall either remand the matter for further proceedings, with instructions to the committee, or enter a final order in the matter. The president shall have all of decision-making power that he/she would have had if presiding over the hearing, including the power to affirm, reverse, or modify any disciplinary sanction.

(6) The president's final order shall include, or incorporate by reference to the committee's initial order, all matters required by RCW 34.05.461, in accordance with RCW 34.05.464. It shall also include notice to the respondent of their right to seek judicial review under RCW 34.05.510 et seq.

(7) Copies of the final order shall be served on the respondent, the vice president, any legal counsel who have appeared, and the committee chair.

(8) The decision of the president shall be the final district action in the matter.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-220, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-220, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-230 Reestablishment of academic standing after successful appeal.

When a student has missed classes and/or course work due to a disciplinary suspension or expulsion, but that disciplinary sanction was appealed and not upheld, the student shall be given a reasonable opportunity to reestablish their academic standing and the alternative of a withdrawal and refund of tuition and fees. Depending on the circumstances, reestablishing academic standing may include opportunities to take examinations and otherwise complete course offerings that were missed due to the disciplinary sanction or to retake the class(es).

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-230, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-230, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-240 Reinstatement after suspension or expulsion.

(1) Any student who has been suspended as a disciplinary sanction shall be reinstated, upon the student's written request, after (a) expiration of the stated time period of the suspension and (b) satisfaction of all conditions of the suspension, if any.

(2) Before a suspension has ended, or if a student has been expelled, the student may petition for reinstatement as an enrolled student. Any such petition shall be submitted in writing to the vice president for student services, showing facts and circumstances constituting good cause for such reinstatement. No such reinstatement shall be granted unless it is approved by both that vice president and the college president.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-240, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-250 Summary suspensions.

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

Suspension may be imposed, if the vice president for student services or their designee(s) has cause to believe that any student:

(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) If the student poses an ongoing threat of disruption of, or interference with, the operations of the college, that student may be summarily suspended.

(2) Notice. Any student who has been summarily suspended shall be served with written notice or verbal notice of the summary suspension. If such notice is made in writing, it shall be provided by certified mail and first class mail delivered to the student's last known address.

(3) The oral or written notice to the student shall include the reasons for summary suspension, duration of the summary suspension, and any possible additional disciplinary or corrective action that may be taken. The notification shall indicate that the student must appear before the vice president of student services or designee for a summary suspension hearing at a time specified in the notice. If oral notice is given, written notice shall follow within two calendar days. In addition, the vice president for student services or designee shall set a date for summary suspension hearing as soon as practicable.

(4) The student shall be given the opportunity to present written and/or oral evidence. The issue before the vice president for student services or designee shall be whether probable cause exists to support and to continue the summary suspension.

(5) The vice president for student services or designee shall issue a written order within two days of the informal hearing, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision to justify the determination of an immediate danger and the vice president's decision to take the specific action.

(6) If a student who has been summarily suspended fails to appear for a summary suspension hearing, the vice president for student services may order the suspension to remain in place pending the final disposition of the disciplinary process as provided in this section.

(7) The student may request a de novo review of the informal hearing decision before the student conduct committee. The review will be scheduled promptly. Either party may request the review to be consolidated with any other disciplinary proceeding arising from the same matter.

(8) Nothing herein shall prevent faculty members from taking summary action as may be reasonably necessary to maintain order in the classroom and/or prevent substantial disruption to the educational process. Such summary action in the form of removal from the classroom may not exceed one day per episode. Any such summary action may be appealed to the vice president for student services for a brief adjudicative proceeding.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-250, filed 4/26/21, effective 5/27/21. Statutory Authority: RCW 28B.50.140(13). WSR 13-11-127, § 132F-121-250, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-250, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-260 Maintenance of student discipline records.

Records of all completed disciplinary cases shall be maintained and disposed of by the vice president for student services in accordance with applicable records retention requirements and student education record confidentiality requirements.

History

• Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. WSR 03-16-015, § 132F-121-260, filed 7/28/03, effective 8/28/03.

Wash. Admin. Code § 132F-121-270 Sex discrimination—Supplemental student conduct code and procedures—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 Seattle Colleges' standard disciplinary procedures, WAC 132F-121-110 through 132F-121-260, these supplemental procedures shall take precedence. The Seattle Colleges may, at its discretion, contract with an administrative law judge or other person to act as presiding officer and assign such presiding officer to exercise any or all of the duties in lieu of the student conduct committee and committee chair.

History

• Statutory Authority: RCW 34.05.010(16) and 28B.50.140(13). WSR 25-15-048, s 132F-121-270, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-270, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-270, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-280 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 Seattle Colleges may impose disciplinary sanctions against a student who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of "sex 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 Seattle Colleges employee conditioning the provision of an aid, benefit, or service of the Seattle Colleges on an individual's participation in unwelcome sexual conduct.

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

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

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

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

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

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

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

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

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

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

(i) The length of the relationship;

(ii) The type of relationship; and

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

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

History

• Statutory Authority: RCW 34.05.010(16) and 28B.50.140(13). WSR 26-06-071, s 132F-121-280, filed 2/27/26, effective 3/30/26
• WSR 25-15-048, s 132F-121-280, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-280, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-280, filed 6/1/23, effective 7/2/23
• WSR 21-10-027, § 132F-121-280, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-290 Title IX jurisdiction.

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

(a) Occurred in the United States;

(b) Occurred during a Seattle Colleges' 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 Seattle Colleges exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the Seattle Colleges.

(3) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of subsection (1)(a) through (c) of this section have not been met. Dismissal under this supplemental procedure does not prohibit the Seattle Colleges from pursuing other disciplinary action based on allegations that the respondent violated other provisions of the Seattle Colleges' student conduct code, WAC 132F-121-110.

(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 34.05.010(16) and 28B.50.140(13). WSR 25-15-048, s 132F-121-290, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-290, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-290, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-300 Sex discrimination—Dismissal and 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 Seattle Colleges will appoint an advisor of the Seattle Colleges' 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 34.05.010(16) and 28B.50.140(13). WSR 26-06-071, s 132F-121-300, filed 2/27/26, effective 3/30/26
• WSR 25-15-048, s 132F-121-300, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-300, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-300, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-310 Sex discrimination—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 132F-121-180. In no event will the hearing date be set less than 10 days after the Title IX coordinator provided the final investigation report to the parties.

(2) A party may choose to have an attorney serve as their advisor at the party's own expense. This right will be waived unless, at least five days before the hearing, the attorney files a notice of appearance with the 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 Seattle Colleges intends to offer the evidence at the hearing.

History

• Statutory Authority: RCW 34.05.010(16) and 28B.50.140(13). WSR 25-15-048, s 132F-121-310, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-310, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-310, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-320 Rights of parties.

(1) The Seattle Colleges' student conduct procedures, WAC 132F-121-110, and this supplemental procedure shall apply equally to all parties.

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

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

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

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-320, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-330 Sex discrimination—Presentation of 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.

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

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

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

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

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

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

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

(a) Spousal/domestic partner privilege;

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

(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 34.05.010(16) and 28B.50.140(13). WSR 26-06-071, s 132F-121-330, filed 2/27/26, effective 3/30/26
• WSR 25-15-048, s 132F-121-330, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-330, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-330, filed 6/1/23, effective 7/2/23
• WSR 21-10-027, § 132F-121-330, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-340 Sex discrimination—Initial order.

In addition to complying with WAC 132F-121-210 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 sanction 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 Seattle Colleges' education programs or activities will be provided by the Seattle Colleges;

(8) Describes the process for appealing the initial order to the Seattle Colleges' president; and

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

History

• Statutory Authority: RCW 34.05.010(16) and 28B.50.140(13). WSR 26-06-071, s 132F-121-340, filed 2/27/26, effective 3/30/26
• WSR 25-15-048, s 132F-121-340, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-340, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-10-027, § 132F-121-340, filed 4/26/21, effective 5/27/21.

Wash. Admin. Code § 132F-121-350 Sex discrimination—Appeals.

(1) All parties, including the student conduct officer in their capacity as a representative of the college, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the president's office within 21 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 will serve a copy of the appeal on all parties, who will have 10 days from the date of service to submit written responses to the president's office addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the president's office shall serve copies of the responses to the other parties.

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

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

(5) 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 34.05.010(16) and 28B.50.140(13). WSR 26-06-071, s 132F-121-350, filed 2/27/26, effective 3/30/26
• WSR 25-15-048, s 132F-121-350, filed 7/10/25, effective 8/10/25
• WSR 25-02-075, s 132F-121-350, filed 12/24/24, effective 1/24/25. Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 23-12-052, § 132F-121-350, filed 6/1/23, effective 7/2/23
• WSR 21-10-027, § 132F-121-350, filed 4/26/21, effective 5/27/21.

Chapter 132F-124 General conduct.

Wash. Admin. Code § 132F-124-010 Financial obligations of students.

Admission to or registration with the colleges of Seattle College District VI, conferring of degrees and issuance of academic transcripts may be withheld for failure to meet financial obligations to the college or district.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-124-010, filed 1/6/15, effective 2/6/15
• Order 12, § 132F-124-010, filed 5/22/73.

Wash. Admin. Code § 132F-124-011 Appeal procedure.

Every student has the right to appeal a decision of any college department or division to assess a fee, fine, charge, debt, or other financial obligation of his or hers to the college or the district in writing, stating the reasons for the appeal to the division or department head for a determination of the validity and legitimacy of that obligation within ten days after notice of the assessment was sent to the student. If the student has not resolved his or her financial obligation to the college or district and has not requested a formal hearing pursuant to chapter 28B.19 RCW within ten days after his last appeal action, the college or district may take any action authorized under WAC 132F-124-010.

History

• Order 12, § 132F-124-011, filed 5/22/73.

Chapter 132F-126 Required and emergency medical leaves of absence.

Wash. Admin. Code § 132F-126-001 Purpose.

The vice presidents of student services may, after a careful and collaborative review, place a student on mandatory medical leave of absence in accordance with the procedures set forth in this chapter. This process is only considered in rare situations when other options have been utilized and considered. A mandatory leave of absence is not the preferred option when addressing students' health, welfare, and safety. Any assessment or action taken under this policy will be based on legitimate safety concerns and not based on speculation, stereotypes, or generalizations about individuals with disabilities.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-001, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-010 Issuing a required medical leave of absence.

(1) The vice president of student services, or the vice president's designee, (hereinafter collectively referred to as the "vice president") may require a student to take a medical leave of absence if a student has a physical illness or a mental, emotional, or psychological condition and as a result of the condition:

(a) Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety, or welfare of the student or others;

(b) The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk that the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or

(c) The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.

(2) In determining whether to require a student to take a medical leave of absence, the vice president may consult with a qualified medical, health and/or public safety professional and, where possible, other persons to assess the student's ability to function in the academic environment.

(3) Prior to the vice president requiring a student to take a medical leave of absence, the student shall be provided an opportunity to present information about his or her circumstances, where reasonably possible, to the vice president. A student waives their opportunity to provide information if he or she is unwilling or unable to meet with the vice president upon request.

(4) The vice president shall issue the required medical leave of absence in writing to the student. The written notice shall include the effective date of the leave, the reasons for requiring the leave, the conditions for reenrollment, and any restrictions imposed on the student's access to the campus or college-sponsored activities.

(5) The required medical leave of absence shall be effective twenty-one days after it is served on the student, unless the student files an appeal.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-010, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-020 Appealing a required medical leave of absence.

A student may appeal the vice president's decision imposing a required medical leave of absence to the medical leave of absence review board (review board). The appeal must be filed in writing with the vice president of student services within twenty days of service of the vice president's decision. Service of the vice president's decision shall be complete upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-020, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-030 Hearing an appeal of a required medical leave of absence.

(1) Upon receipt of a timely appeal by a student of the vice president's decision imposing a required medical leave of absence, the vice president of student services, or the vice president's designee, shall convene the review board to hear the appeal. The review board may:

(a) Affirm the vice president's decision;

(b) Affirm the vice president's decision but alter the disposition from imposition of a required medical leave of absence to conditional enrollment under specified directives; or

(c) Reverse the vice president's decision allowing the student to remain enrolled without restriction.

(2) The review board's decision shall be in writing and served on the student within seven business days of the hearing. Service of the decision shall be effective upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

(3) The review board shall be composed of at least three members drawn from a pool of academic deans and staff members not reporting to the vice president who have been identified by the president. The president shall select one of the members to act as the chair at the hearing.

(4) The vice president shall notify the student in writing of the time, date, and location of the hearing.

(5) The review board shall conduct the hearing according to the Administrative Procedure Act, chapter 34.05 RCW.

(6) The chair of the review board may order the hearing closed to public observation as necessary to protect from disclosure medical or educational records held to be confidential under state or federal law.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-030, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-040 President's review and final college order.

(1) The college president shall review the record and enter the final college order, in accordance with RCW 34.05.461(2) and 34.05.464.

(2) If either the respondent or the vice president for student services wishes to file written argument with the president, she/he must file that argument and serve a copy on the other within fifteen days after service of the review board's order. Within seven days after service of any such argument, the other party may file and serve a written response. The president shall have discretion to modify these deadlines and/or to allow oral arguments. However no new evidence, not already part of the record, may be introduced in any argument, except as expressly authorized by the president upon a showing of compelling legal justification and after any appropriate fact-finding.

(3) The president shall personally consider the whole record or such portions of it as may be cited by the parties. A party's failure to present any argument shall mean that the party is citing "none" of the record.

(4) Within ninety days following the later of the conclusion of the hearing or the review board's receipt of closing arguments, the president shall either remand the matter for further proceedings, with instructions to the review board, or enter a final order in the matter. The president shall have all of the decision-making power that he/she would have had if presiding over the hearing, including the power to affirm, reverse, or modify the review board's decision.

(5) The president's final order shall include, or incorporate by reference to the review board's initial order, all matters required by RCW 34.05.461, and in accordance with RCW 34.05.464. It shall also include notice to the respondent of his/her right to seek judicial review under RCW 34.05.510 et seq.

(6) Copies of the final order shall be served on the respondent, the vice president, any legal counsel who have appeared, and the review board's chair.

(7) The decision of the president shall be the final district action in the matter.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-040, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-050 Emergency medical leave of absence.

(1) The vice president may immediately require a student to take an emergency medical leave of absence if the student has a medical, mental, emotional, or psychological condition and as a result of the condition:

(a) The student is engaging in, or threatening to engage in, behavior that poses a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student or others; or

(b) The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student or others; or

(c) The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior imminently and substantially impeding the education processes or proper activities or functions of the college and its personnel.

(2) A decision by the vice president requiring a student to take an emergency medical leave of absence shall be in writing and served on the student. The decision shall set forth the reasons for requiring the leave and, as appropriate, any restrictions imposed on the student's access to the campus or college-sponsored activities. Service of the decision shall be effective upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

(3) A student subject to an emergency medical leave of absence shall be provided a hearing before a presiding officer appointed by the college president to review the vice president's decision. The hearing shall occur within three business days of the student being served with the vice president's decision imposing the emergency medical leave of absence unless a student elects to waive his or her right to a hearing. Except as otherwise provided herein, the process for conducting the emergency medical leave hearing shall be pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

(4) An emergency medical leave of absence shall take effect immediately and remain in effect until the review board or president reinstate the student. The vice president may at any time decide to reinstate the student under an emergency medical leave when the vice president determines that the reasons for the emergency medical leave of absence no longer exist.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-050, filed 6/12/21, effective 7/13/21.

Wash. Admin. Code § 132F-126-060 Returning from a required or emergency leave of absence.

(1) A student wishing to be considered for reenrollment to the college shall submit an application for reenrollment to the vice president at least one month prior to the start of the quarter in which the student wishes to reenroll. The student shall provide appropriate documentation with any conditions for reenrollment set forth in the vice president's decision. If a student files an appeal of the vice president's decision, and the conditions for reenrollment are modified by the review board, the student shall provide evidence that the conditions set forth in the review board's order have been met. A student must also meet all other admission or enrollment requirements of the college for reenrollment.

(2) The vice president shall consult with a qualified medical professional and, where possible, other persons to assess the student's ability to function in the academic environment prior to determining if the student may reenroll.

(3) The vice president shall notify the student in writing of the decision and the conditions associated with the approval or denial for reenrollment.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-13-067, § 132F-126-060, filed 6/12/21, effective 7/13/21.

Chapter 132F-136 Policy on the use of the college facilities.

Wash. Admin. Code § 132F-136-010 Use of college facilities.

Because the Seattle College is an educational institution provided and maintained by the people of the state, its campus, buildings, properties, and facilities shall be reserved at all times for those activities which either are related directly to its educational mission or are justifiable on the basis of their contributions to the cultural, social, or economic development of the state.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-136-010, filed 1/6/15, effective 2/6/15
• Order 3, § 132F-136-010, filed 9/20/72.

Wash. Admin. Code § 132F-136-020 Limitation of use to school activities.

The college buildings, properties, and facilities, including those assigned to student programs, may be used only 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 or of the 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. Such arrangements by both organizations and individuals must be made through the designated administrative officer. Allocation of space shall be made in accordance with published college regulations and on the basis of time, space availability, priority of request and the demonstrated needs of the individual, group or organization.

(8) Use of space shall not interfere with regularly scheduled classes or activities. Physical abuse of assigned facilities may result in limitation of future allocation of space to the offending parties. 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. If any charge or collection of funds is contemplated, advance permission from the party giving authority for space allocations will be required.

History

• Statutory Authority: RCW 28B.19.030 and 28B.50.140. WSR 81-12-008 (Order 38), § 132F-136-020, filed 5/27/81
• Order 35, § 132F-136-020, filed 11/21/77
• Order 3, § 132F-136-020, filed 9/20/72.

Wash. Admin. Code § 132F-136-030 Limitation of use.

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

(2) College facilities may be rented to private or commercial organizations or associations but shall not be rented to persons or organizations conducting programs for private gain.

(3) College facilities are available to recognized student groups, subject to these general policies and to the rules and regulations of the college governing student affairs.

(4) No person or group may use or enter onto college facilities having in their possession weapons or firearms, even if licensed to do so, except commissioned police officers or legally authorized military personnel while in performance of their duties.

(a) Any individual, including those visiting or conducting business on any of the Seattle Colleges campuses, found in possession 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, on or about the property of the Seattle Colleges knowingly, or found in possession of a weapon or firearm under circumstances in which the individual should have known that he or she was in possession of a weapon or firearm, may be banned from the colleges for such time and extent as Seattle Colleges determines appropriate. Individuals will be directed and required to remove their weapons or themselves from Seattle Colleges property or premises, with all appropriate legal actions (including arrest) being taken upon failure to comply.

(b) Individuals with a valid Washington state concealed weapons permit must keep any firearm in his or her vehicle locked and concealed from view while parked on campus in accordance with RCW 9.41.050.

(c) The president or his/her designee may grant permission to bring a weapon on campus upon a determination that the weapon is necessary for safety and security purposes. 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 17-07-062, § 132F-136-030, filed 3/13/17, effective 4/13/17
• WSR 14-01-015, § 132F-136-030, filed 12/6/13, effective 1/6/14
• WSR 12-12-010, § 132F-136-030, filed 5/24/12, effective 6/24/12. Statutory Authority: Chapter 28B.50 RCW. WSR 84-21-031 (Order 44, Resolution No. 1984-22), § 132F-136-030, filed 10/10/84
• Order 35, § 132F-136-030, filed 11/21/77
• Order 26, § 132F-136-030, filed 9/16/75
• Order 3, § 132F-136-030, filed 9/20/72.

Wash. Admin. Code § 132F-136-040 Administrative control.

The board hereby delegates to the chancellor 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.19.030 and 28B.50.140. WSR 81-12-008 (Order 38), § 132F-136-040, filed 5/27/81
• Order 3, § 132F-136-040, filed 9/20/72.

Wash. Admin. Code § 132F-136-050 Trespass.

(1) Individuals who are not students or members of the faculty or staff and who violate the district's rules, or whose conduct threatens the safety or security of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or his or her designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW or Seattle Municipal Code 12A.08.040.

(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) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administration or designee within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the vice president of administration or designee will be the final decision of the college and should be issued within five work days.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-136-050, filed 12/6/13, effective 1/6/14
• WSR 12-12-010, § 132F-136-050, filed 5/24/12, effective 6/24/12. Statutory Authority: RCW 28B.19.030 and 28B.50.140. WSR 81-12-008 (Order 38), § 132F-136-050, filed 5/27/81
• Order 35, § 132F-136-050, filed 11/21/77
• Order 26, § 132F-136-050, filed 9/16/75
• Order 3, § 132F-136-050, filed 9/20/72.

Wash. Admin. Code § 132F-136-060 Prohibited conduct at college facilities.

(1) State law relative to public institutions govern the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful narcotics or drugs, 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) A lottery or any other form of gambling is prohibited at Seattle College District.

(3) The use of tobacco is restricted by law and by regulations of the fire marshal to designated smoking areas.

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

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-136-060, filed 1/6/15, effective 2/6/15
• Order 35, § 132F-136-060, filed 11/21/77.

Wash. Admin. Code § 132F-136-070 Control of pets in college facilities.

Pets on the grounds of the Seattle Colleges shall be in the physical control of their owner in accordance with Seattle Municipal Code 18.12.080 (Animals running at large prohibited) at all times.

Animals, except for service animals, are prohibited from entering buildings operated by the Seattle Colleges.

These provisions do not apply to guide dogs and service animals as provided in chapter 70.84 RCW or medically prescribed as an accommodation for a disability.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 16-01-095, § 132F-136-070, filed 12/16/15, effective 1/16/16
• Order 35, § 132F-136-070, filed 11/21/77.

Chapter 132F-142 Use of facilities for first amendment activities.

Wash. Admin. Code § 132F-142-010 Statement of purpose.

The Seattle Colleges are educational institutions provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the colleges. The public character of the colleges does not grant to individuals the right to substantially interfere with, or otherwise disrupt the normal activities for and to which the colleges' facilities and grounds are dedicated. Accordingly, the colleges are designated public forums opened for the purposes recited herein and further subject to the time, place, and manner provisions set forth in these rules.

The purpose of the time, place and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the colleges' responsibility to fulfill their mission as state educational institutions of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The colleges recognize that college groups should be accorded the opportunity to utilize the facilities and grounds of the colleges to the fullest extent possible. The college intends to open its campus to noncollege groups to the extent that the usage does not conflict with the rights of college groups or substantially disrupt the educational process.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-142-010, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-142-010, filed 12/6/13, effective 1/6/14.

Wash. Admin. Code § 132F-142-020 Definitions.

(1) "College facilities" or "campus" includes all buildings, structures, grounds, office space, and parking lots.

(2) "College group" means individuals who are currently enrolled students or current employees of the Seattle Colleges or individuals who are sponsored by faculty, a recognized student organization or a recognized employee group of the college.

(3) "Noncollege group" means individuals or groups who are not currently enrolled students or current employees of the Seattle Colleges.

(4) "Public forum areas" means those areas of each campus that the college has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner provisions.

(5) "Sponsor" means that when a college group invites a noncollege group onto campus, the college group will be responsible for the activity and will designate an individual to be present at all times during the activity. The sponsor will ensure that those participating in the sponsored activity are aware of the college's rules and policies governing the activity. This definition does not apply to noncollege groups that rent college facilities.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-142-020, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-142-020, filed 12/6/13, effective 1/6/14.

Wash. Admin. Code § 132F-142-030 Use of facilities.

(1) There shall be no camping on college facilities or grounds between the hours of 10:00 p.m. and 6:00 a.m. Camping is defined to include sleeping, cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(2) Any sound amplification device may only be used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories, or any previously scheduled college activity.

(3) College groups are encouraged to notify the campus public safety department no later than twenty four hours in advance of an activity. However, unscheduled activities are permitted so long as the activity does not displace any other activities occurring at the college.

(4) All sites used for first amendment activities should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the activity. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.

(5) All college and noncollege groups must comply with fire, safety, sanitation or special regulations specified for the activity.

(6) The activity must not be conducted in such a manner as to obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the college, college buildings or facilities, or college activities. The activity must not create safety hazards or pose safety risks to others.

(7) The activity must not substantially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The activity must not substantially infringe on the rights and privileges of college students, employees or invitees to the college.

(8) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department, office, or officially chartered student club.

(9) The activity must also be conducted in accordance with any other applicable college policies and rules, local ordinances, state, and federal laws.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-142-030, filed 12/6/13, effective 1/6/14.

Wash. Admin. Code § 132F-142-040 Additional requirements for noncollege groups.

(1) College facilities may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities in accordance with the Seattle Colleges' rules.

(2) The college designates its grounds and outdoor spaces as the public forum area(s) for use by noncollege groups for first amendment activities on campus. Nothing in these rules prohibits noncollege groups from engaging in first amendment activities at open public meetings, subject to the requirements of RCW 42.30.050.

(3) Noncollege groups at North Seattle College and South Seattle College may use the public forum areas for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. and those colleges and their campuses are not open to the general public except during these times. Due to Seattle Central College's urban setting, there are no temporal restrictions on first amendment activities at that college except as otherwise provided in these rules.

(4) Before engaging in first amendment activities, all noncollege groups are encouraged to sign in and notify the college of the noncollege group's presence on campus and to acknowledge receipt of these rules and to ensure that there are no scheduling conflicts. This notice does not involve any application or approval process, and therefore, the ability to use designated areas will not be denied unless they are already reserved for use by another group. This notice is intended to provide the college with knowledge of the noncollege group's presence on campus so that the college can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated area. When signing in, the individual or group are encouraged to provide the following information:

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

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

(c) The date, time, and requested location of the activity; and

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

(e) The estimated number of people expected to participate in the activity.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-142-040, filed 1/6/15, effective 2/6/15. Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-142-040, filed 12/6/13, effective 1/6/14.

Wash. Admin. Code § 132F-142-050 Distribution of materials.

Information may be distributed as long as it is not obscene or does not promote the imminent prospect of actual violence or harm. The distributor is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only on the grounds and outside spaces of the campuses.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 14-01-015, § 132F-142-050, filed 12/6/13, effective 1/6/14.

Chapter 132F-162 Library regulations.

Wash. Admin. Code § 132F-162-010 Purpose of the library's existence.

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

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, § 132F-162-010, filed 10/21/21, effective 11/21/21
• Order 17, § 132F-162-010, filed 5/22/73.

Wash. Admin. Code § 132F-162-020 Materials selection.

Information resources are selected and deselected according to the principles and practices embodied in the library's collection development policy.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, § 132F-162-020, filed 10/21/21, effective 11/21/21
• Order 17, § 132F-162-020, filed 5/22/73.

Wash. Admin. Code § 132F-162-040 Borrower classification.

The primary borrowers are credit and noncredit students, faculty, administrative personnel and nonacademic staff. Borrowers are classified as:

(1) Credit students;

(2) Employees of the district;

(3) Continuing education, noncredit students.

The library may extend services on proper identification to persons not affiliated with the college. Borrowing privileges may be extended to such persons if they reside within Seattle College District VI, or if they are a duly enrolled student or faculty member of one of the other state community colleges. The library extends services to other libraries through the "interlibrary loan" process.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, § 132F-162-040, filed 10/21/21, effective 11/21/21. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-162-040, filed 1/6/15, effective 2/6/15
• Order 17, § 132F-162-040, filed 5/22/73.

Wash. Admin. Code § 132F-162-045 Fines and charges.

A schedule of fees for late, damaged, and lost items will be available from the library circulation desk.

(1) Damage charges. Damage charges will be levied for the repair of damaged library materials up to the cost of replacement.

(2) Replacement charges. Replacement charges will be levied for nonreturned items, and for damaged items where the cost of repair exceeds the cost of replacement. Replacement charges will be based on the current purchase price of the item or comparable item.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, amended and recodified as § 132F-162-045, filed 10/21/21, effective 11/21/21
• Order 17, § 132F-162-170, filed 5/22/73.

Wash. Admin. Code § 132F-162-055 Failure to return materials, or to pay fines or charges.

A failure to return materials or to pay fines or charges may result in:

(1) Loss or suspension of borrowing privileges.

(2) Other appropriate action in accordance with regulations and applicable laws.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, amended and recodified as § 132F-162-055, filed 10/21/21, effective 11/21/21
• Order 17, § 132F-162-180, filed 5/22/73.

Wash. Admin. Code § 132F-162-065 Appeals of fines and charges.

Appeals of fines or charges, or both, may be filed with the circulation supervisor. All disputed appeals are adjudicated by the administrator in charge of the library.

History

• Statutory Authority: RCW 28B.50.140 and 28B.50.090(3). WSR 21-22-015, amended and recodified as § 132F-162-065, filed 10/21/21, effective 11/21/21
• Order 17, § 132F-162-190, filed 5/22/73.

Chapter 132F-164 Bidding procedures for purchasing and contracting.

Wash. Admin. Code § 132F-164-010 Promulgation.

Pursuant to the authority granted by RCW 43.19.190 and chapter 34.04 RCW [ 34.05 RCW] the Seattle College District hereby promulgates the following rules and regulations with respect to bidding, bids, and contracts.

History

• 34.05 RCW] the Seattle College District hereby promulgates the following rules and regulations with respect to bidding, bids, and contracts.[Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-164-010, filed 1/6/15, effective 2/6/15
• Order 11, § 132F-164-010, filed 4/19/73.

Wash. Admin. Code § 132F-164-020 Bids.

A bid describes the requirement of the district accurately and completely in an attempt to describe materials in such a way as to enhance competition. Bids will be prepared in such a way as to avoid unnecessary restrictive specifications or requirements. Insofar as practicable, competitive formal sealed bids shall be used as standard procedures for all purchases, utilizing the following guidelines:

(1) Items to be purchased at any one time are greater than $500.

(2) There are sufficient qualified bidders to enable competitive pricing.

(3) The requirements of the purchaser can be described clearly, accurately, and completely.

(4) There is sufficient time to process the bid.

History

• Order 11, § 132F-164-020, filed 4/19/73.

Wash. Admin. Code § 132F-164-030 Bid forms.

Bid documents, depending on materials to be purchased, may vary. As a general practice, however, all bids as received from vendors shall be filled out in ink or by typewriter and they must be signed by an authorized representative. Unsigned bids will be rejected at the time of bid opening. Bids may include, but are not limited to the advertisement to the bid, the invitation to bid, the specifications and divisions thereof, instructions to bidders, general terms and conditions, special conditions, technical specifications, and any addenda issued thereto.

History

• Order 11, § 132F-164-030, filed 4/19/73.

Wash. Admin. Code § 132F-164-040 Bid lists.

Bid lists for various commodities may be maintained by the district, and this information may be exchanged between state agencies and institutions. (Note: It is obvious that for geographical reasons, some vendors names will appear on bid lists of some institutions and not on others, so that the addition or deletion of names from a bid list will consider biographical advantages as well as competitive advantage.)

History

• Order 11, § 132F-164-040, filed 4/19/73.

Wash. Admin. Code § 132F-164-050 Opening of bids.

An official bid opening officer will pick up the days bids to be opened from the bid clerk, proceed to the bid room at the designated opening time and, along with an assistant or witness, open each bid envelope for a particular bid.

History

• Order 11, § 132F-164-050, filed 4/19/73.

Wash. Admin. Code § 132F-164-060 Receipt and safeguard of bids.

All bids will be received by the designated bid clerk, immediately date-stamped and filed appropriately. Should a bid be received that is not in a properly identifiable envelope and inadvertently opened, the bid will be immediately resealed by the person opening the bid, dated and signed.

History

• Order 11, § 132F-164-060, filed 4/19/73.

Wash. Admin. Code § 132F-164-070 Cancellation prior to opening.

Should the requirements of the district change prior to the opening of the bid, the bid may be cancelled by issuing an addendum.

History

• Order 11, § 132F-164-070, filed 4/19/73.

Wash. Admin. Code § 132F-164-080 Late bids.

A bid that is received in the purchasing department and time-stamped after the exact time set for opening will be categorized as a "late bid." Late bids will be returned to the bidder unopened. It is the bidder's responsibility to ensure that his bid is received within the purchasing department prior to the opening time specified on the bid.

History

• Order 11, § 132F-164-080, filed 4/19/73.

Wash. Admin. Code § 132F-164-090 Acceptance/rejection of bids.

The district reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities, irregularities, and to contract as the best interests of the district may require.

History

• Order 11, § 132F-164-090, filed 4/19/73.

Wash. Admin. Code § 132F-164-100 Miscellaneous procedures for soliciting of bids.

(1) Bid time. Normally, fourteen calendar days will be allowed from the date of mailing to the bid opening date. The time for opening bids will be set by the district. No telephonic or telegraphic bids will be accepted unless noted on the bid form.

(2) The bid envelope or label provided by the district will be used. If it is not used, the required information shall be recorded on the face of the envelope by the bidder to ensure proper handling within the purchasing department.

(3) Bidders may request modification to bid specifications at any time prior to bid opening. Acceptance by purchaser of modification shall take the form of addenda issued to all bidders.

(4) Addendum to bids. If it becomes necessary to make changes in quantities, specifications, delivery schedule, opening date, etc., or to correct, such changes shall be accomplished by an addendum and all individuals receiving the original bid shall be notified. Before issuing an addendum to a bid, the time remaining until bid opening must be reviewed, and if insufficient time exists, the bid opening date will be extended.

(5) Any information given to a single prospective bidder which amends the terms and conditions of the bid shall be furnished promptly to all prospective bidders.

(6) No bid bond in the form of cash will be accepted.

History

• Order 11, § 132F-164-100, filed 4/19/73.

Wash. Admin. Code § 132F-164-110 Responsiveness.

A bid, to be considered for award, must comply in all material respects to the specifications and terms of that bid. Bids should be filled out, executed, and submitted in accordance with the instructions contained therein. If a bidder uses his own form or a letter to submit a bid, that offer may be considered, if the bidder accepts the original terms and conditions.

History

• Order 11, § 132F-164-110, filed 4/19/73.

Wash. Admin. Code § 132F-164-120 Sealed bid formalities.

Bid documents will clearly indicate that the purchaser has the right to reject any or all bids, waive informalities or irregularities with respect thereto, and to contract in the best interest of the district. The following is a list of formalities which will not be waived:

(1) Bids received after the bid opening date and time indicated on the bid document will be returned to the bidder unopened. Bids postmarked prior to bid opening time, but not received, will not be considered. Telephoned or telegraphed bids and alterations, except for unconditional withdrawals, will not be considered unless authorized in the bid terms and conditions.

(2) Bids received that have not been signed by an authorized agent.

(3) Bid bonds, if required, not included with the bid.

History

• Order 11, § 132F-164-120, filed 4/19/73.

Wash. Admin. Code § 132F-164-130 Informalities or irregularities in bidding.

An informality or irregularity in bidding is one which is merely a matter of form and/or is some immaterial variation from the exact requirements of the invitation for bid, having no effect (or merely a trivial or negligible effect) on price, quantity, quality, or delivery of the desired materials and the correction or waiver of such irregularity or informality will not affect the relative standings of, or be otherwise prejudicial to bidders. The buyer shall either give the bidder an opportunity to correct any deficiency resulting from an informality or irregularity or waive any such deficiency where it is to the advantage of the institution. The following examples of informalities or irregularities may be waived:

(1) Failure to include sales brochure for complete description.

(2) Inclusion of a letter bid as well as standard invitation to bid form.

(3) Vendor's standard terms and conditions variance from agency's terms and conditions.

History

• Order 11, § 132F-164-130, filed 4/19/73.

Wash. Admin. Code § 132F-164-140 Safekeeping of bids.

Sealed bids, received from a bidder will be held by the purchasing department until the time and place of bid opening at which time a record of the bids received and a recap may be made.

History

• Order 11, § 132F-164-140, filed 4/19/73.

Wash. Admin. Code § 132F-164-150 Mistakes in bids.

The buyer shall examine all bid forms for mistakes. In cases of apparent mistakes (where the buyer has reason to believe that a mistake has been made) he shall request from the bidder a clarification, calling attention to the suspected mistake. If the bidder acknowledges a mistake, the matter shall be resolved to the satisfaction of the buyer, either by having the bidder withdraw or by acceptance.

History

• Order 11, § 132F-164-150, filed 4/19/73.

Wash. Admin. Code § 132F-164-160 Use of brand names.

Brand name specifications may be used only on the basis of "or equal" consideration. Brand names are to be used to establish standards of quality and are not meant to be restrictive.

History

• Order 11, § 132F-164-160, filed 4/19/73.

Wash. Admin. Code § 132F-164-170 Public information.

Normally, information submitted by the bidders during the bidding process shall become a matter of public record.

History

• Order 11, § 132F-164-170, filed 4/19/73.

Wash. Admin. Code § 132F-164-180 Alteration of bids prohibited.

Bids may not be completed, amended, or clarified on the face of the bid after the official bid opening time.

History

• Order 11, § 132F-164-180, filed 4/19/73.

Wash. Admin. Code § 132F-164-190 Delivery date guarantee.

A guarantee of delivery date must be specified on the invitation to bid and failure to perform in accordance with that schedule shall be a breach subject to the reimbursement to the district by the vendor for any cost, expenses, or loss sustained as a result thereof.

History

• Order 11, § 132F-164-190, filed 4/19/73.

Wash. Admin. Code § 132F-164-200 Breach of contract.

In the event of a breach by a vendor of any of the provisions of a contract, the district reserves the right to cancel and/or terminate the contract forthwith, upon giving oral or written notice to the vendor with the right to collect a monetary sum of liquidated damages if specified in the contract.

History

• Order 11, § 132F-164-200, filed 4/19/73.

Chapter 132F-168 Access to public records.

Wash. Admin. Code § 132F-168-010 Access to public records.

(1) The Seattle College District VI is a community college district organized under RCW 28B.50.040. The Seattle College District VI's central office is located at 1500 Harvard Ave., Seattle, WA 98122. The Seattle College District VI has field offices at:

• 9600 College Way North, Seattle, WA 98103

• 6000 16th Ave. S.W., Seattle, WA 98103

• 1701 Broadway, Seattle, WA 98122

• 2120 South Jackson St., Seattle, WA 98144

(2) Any person wishing to request access to public records of Seattle College District VI, or seeking assistance in making such a request should contact the public records officer of the Seattle College District VI at:

Public Records Officer

Seattle College District VI

1500 Harvard Ave.

Seattle, WA 98122

206-934-3873

SCCDPublicRecordsRequest@seattlecolleges.edu

(3) The public records officer will oversee compliance with the act but another Seattle College District VI staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the Seattle College District VI will provide the "fullest assistance" to requestors; create and maintain for use by the public and Seattle College District VI officials an index to public records of the Seattle College District VI; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the Seattle College District VI.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-010, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-010, filed 3/18/14, effective 4/18/14
• Order 16, § 132F-168-010, filed 10/4/73.

Wash. Admin. Code § 132F-168-020 Purpose.

(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.

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

(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the Seattle College District VI will be guided by the provisions of the act describing its purposes and interpretation.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-020, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-020, filed 3/18/14, effective 4/18/14
• Order 36, § 132F-168-020, filed 11/21/77
• Order 16, § 132F-168-020, filed 10/4/73.

Wash. Admin. Code § 132F-168-030 Request for document inspection.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Seattle Colleges, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at either the district office or at a field office when those records are stored or maintained at that location. To make arrangements to inspect records at a Seattle College District field office, contact the public records officer to schedule the inspection.

(2) Records index. An index of public records is available for use by members of the public, including nonexempt final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW 42.56.070(5), issued after June 30, 1990, by the board of trustees of the district, the presidents of the colleges, or their designees.

Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.

Requests for access to indexes. Information regarding public inspection of indexes, their location, and a schedule for revising and updating these indexes can be obtained by contacting the public records officer.

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

(4) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the Seattle College District VI should make the request in writing on the Seattle College District VI request form, or by letter, fax, or email addressed to the public records officer (SCCDPublicRecordsRequest@seattlecolleges.edu) and including the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including telephone number and any email address;

• Identification of the public records adequate for the public records officer or designee to locate the records; and

• The date and time of day of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to WAC 132F-168-060, standard photocopies will be provided at fifteen cents per page.

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

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-030, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-030, filed 3/18/14, effective 4/18/14
• Order 36, § 132F-168-030, filed 11/21/77
• Order 16, § 132F-168-030, filed 10/4/73.

Wash. Admin. Code § 132F-168-040 Review of denials of public records.

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

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the appropriate vice chancellor. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the Seattle College District VI's receipt of the petition, or within such other time as mutually agreed upon by the Seattle College District VI and the requestor.

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

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-040, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-040, filed 3/18/14, effective 4/18/14
• Order 36, § 132F-168-040, filed 11/21/77
• Order 16, § 132F-168-040, filed 10/4/73.

Wash. Admin. Code § 132F-168-050 Exemptions.

The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by Seattle College District VI for inspection and copying:

(1) The Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; the Uniform Trade Secrets Act, chapter 19.108 RCW; attorney-client privileged communications, RCW 5.60.060(2).

(2) Examination of individual files of Seattle College District students shall be in accordance with the provisions of district policy and procedure 380, student records.

(3) The Seattle College District VI is prohibited by statute from disclosing lists of individuals for commercial purposes.

(4) Pursuant to RCW 42.56.540, the Seattle College District VI reserves the right to seek to enjoin the examination of any specific record, the examination of which the district determines would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially and irreparably damage vital governmental functions.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-050, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-050, filed 3/18/14, effective 4/18/14
• Order 36, § 132F-168-050, filed 11/21/77
• Order 16, § 132F-168-050, filed 10/4/73.

Wash. Admin. Code § 132F-168-060 Copying.

(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain black and white photocopies for eleven cents per page or colored photocopies for thirteen cents per page. The district reserves the right to use outside vendors for large projects when an outside vendor can provide copies quicker or for less cost. The requestor will be required to pay the cost charged by the vendor.

Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The Seattle College District VI will not charge sales tax when it makes copies of public records.

(2) Costs for electronic records. The cost of scanning existing Seattle College District VI paper or other nonelectronic records is six cents per page. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee. A statement of the factors and the manner used to determine this charge is available from the public records officer.

Calculating the actual costs of charges for uploading electronic files or attachments is unduly burdensome, because it is difficult to accurately calculate all costs directly incident to uploading those records. Instead of calculating the actual costs for uploading electronic files or attachments, the district charges five cents per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery as set forth in RCW 42.56.120 (2)(b).

If the requestor asks that the electronic records be provided on CD or DVD, the requestor will be charged the cost of the CD or DVD. If the electronic records are too large to be emailed through the Seattle College District email system, they will be provided on CD or DVD, and the requestor will be charged accordingly.

(3) Costs of mailing. The Seattle College District VI may also charge actual costs of mailing, including the cost of the shipping container.

(4) Payment. Payment may be made by cash, check, or money order to the Seattle College District VI.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 18-02-001, § 132F-168-060, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-168-060, filed 1/6/15, effective 2/6/15
• WSR 14-07-091, § 132F-168-060, filed 3/18/14, effective 4/18/14
• Order 36, § 132F-168-060, filed 11/21/77
• Order 16, § 132F-168-060, filed 10/4/73.

Wash. Admin. Code § 132F-168-070 Protection of privacy.

Any student, employee or applicant who believes a document has been or is about to be released, and who believes his or her right to privacy will be infringed by public inspection of the document, may file a protest with the appropriate campus president or the district president. If, after consideration of the request for inspection and the protest, the campus president or the district president believes inspection should be denied, he should take appropriate action as listed in RCW 42.17.330, "court protection of public records."

History

• Order 36, § 132F-168-070, filed 11/21/77
• Order 16, § 132F-168-070, filed 10/4/73.

Chapter 132F-200 Tenure.

Wash. Admin. Code § 132F-200-010 Tenure.

The board of trustees of Seattle College District VI reserves to itself the final determination of the granting of tenure to any academic employee of the district; the dismissal of a tenured academic employee; or the dismissal of a probationer during the term of his/her contract, pursuant to the policies of the board of trustees, the agreement with Seattle College federation of teachers and the laws of the state of Washington.

History

• Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-200-010, filed 1/6/15, effective 2/6/15. Statutory Authority: Chapter 28B.50 RCW. WSR 85-21-016 (Order 48, Resolution No. 1985-20), § 132F-200-010, filed 10/7/85
• WSR 83-13-058 (Order 41, Resolution No. 1983-16), § 132F-200-010, filed 6/15/83.

Chapter 132F-325 State Environmental Policy Act rules.

Wash. Admin. Code § 132F-325-010 Seattle College District environmental policy.

(1) Capital projects proposed by Seattle College shall, to the fullest extent possible, be developed in a manner consistent with the provisions of the State Environmental Policy Act (SEPA) - Chapter 43.21C RCW, the council on environmental policy SEPA guidelines - Chapter 197-11 WAC, and the SBCCE SEPA implementation rules - WAC 131-24-030.

(2) The "responsible official" for the purposes of this policy, shall be the district president or the college presidents for their respective campuses.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-010, filed 7/10/25, effective 8/10/25. Statutory Authority: RCW 28B.50.140(13) and 42.56.040. WSR 15-02-072, § 132F-325-010, filed 1/6/15, effective 2/6/15
• Order 31, § 132F-325-010, filed 9/20/76.

Wash. Admin. Code § 132F-325-020 Determination of significance—Nonsignificance.

The responsible official shall prepare a "determination of significance," a "mitigated determination of nonsignificance," or a "determination of nonsignificance" for each capital construction proposal or other major action.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-020, filed 7/10/25, effective 8/10/25
• Order 31, § 132F-325-020, filed 9/20/76.

Wash. Admin. Code § 132F-325-030 Threshold determination.

(1) The responsible official shall make a "threshold determination" (a decision whether or not an environmental impact statement is required) following procedures contained in WAC 197-11-330 through 197-11-360.

(2) An environmental checklist is required to be completed in the determination process except for exemptions noted in WAC 197-11-305, 197-11-315, or when it is predetermined an environmental statement is required.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-030, filed 7/10/25, effective 8/10/25
• Order 31, § 132F-325-030, filed 9/20/76.

Wash. Admin. Code § 132F-325-040 Determination of nonsignificance or mitigated determination of nonsignificance.

(1) A "determination of nonsignificance" statement will be prepared if the determination is one of no adverse impact.

(2) A "mitigated determination of nonsignificance" (MDNS) statement will be prepared if the determination is that significant adverse impacts can be addressed through implementation of mitigation measures.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-040, filed 7/10/25, effective 8/10/25
• Order 31, § 132F-325-040, filed 9/20/76.

Wash. Admin. Code § 132F-325-050 Determination of significance.

A "determination of significance" (DS) will be prepared if the determination is one of significant adverse environmental impact, and the environmental impact statement preparation procedures (WAC 197-11-400 through 197-11-680) will be initiated.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-050, filed 7/10/25, effective 8/10/25
• Order 31, § 132F-325-050, filed 9/20/76.

Wash. Admin. Code § 132F-325-060 Appeal of decision.

The decisions of the responsible official may be appealed to the board of trustees in accordance with chapter 34.05 RCW and chapter 132F-08 WAC.

History

• Statutory Authority: Chapter 43.21C RCW and RCW 43.21C.110. WSR 25-15-049, s 132F-325-060, filed 7/10/25, effective 8/10/25
• Order 31, § 132F-325-060, filed 9/20/76.

Chapter 132F-605 Refund of tuition and other fees.

Wash. Admin. Code § 132F-605-005 Refunds.

Tuition and fees (except those which are nonrefundable) will be refunded if complete or partial withdrawal from classes is accomplished within the first twenty calendar days of the regular college quarter following the beginning day of the quarter.

Refunds, except for self-support programs, e.g., continuing education, intensive English courses, will be made in accordance with the schedule below, subject to an administrative fee. In those instances where the fee subject to refund is less than the administrative fee, the minimum forfeiture will be reduced to that amount. No charge is made for dropping classes when no refund is involved. At least two weeks must elapse between payment and refund of fees.

International students who attend a college within the Seattle College District on an International Student Visa and make advance payments must be enrolled at the college in the quarter for which they are requesting a refund and must provide documentation establishing extenuating circumstances, such as visa denial or medical reasons.

Refunds of financial aid recipients will be refunded to the appropriate financial aid account as required by federal and state regulations, including those students who are dismissed for disciplinary reasons.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-005, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-010 Refund schedule—General.

Withdrawal resulting from classes being canceled by the district, one hundred percent.

Before the first day of the college quarter, one hundred percent.

During the first five instructional days of the college quarter (less administrative fee), one hundred percent.

From the sixth instructional day through the twentieth calendar day of the college quarter, fifty percent.

After the first twenty calendar days of the college quarter, zero percent.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-010, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-020 Refund schedule—Intensive English institute.

Withdrawal prior to first class, one hundred percent.

During the first five calendar days, eighty percent.

From the sixth through the fourteenth calendar day, fifty percent.

After the fourteenth calendar day, zero percent.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-020, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-030 Refund schedule—Continuing education.

Two business days prior to first day of class, one hundred percent, less administrative fee.

Within two business days of start of class/after class begins, zero percent.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-030, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-040 Dismissal for disciplinary reasons.

No refund will be given beyond the stated refund deadlines for a student who is dismissed or suspended from the district for disciplinary reasons.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-040, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-050 Classes not following regular college quarter calendar.

Refunds for summer quarter, or other short courses/programs that do not follow the regular college calendar, will be applied on a prorated basis to the specific class' shortened schedule.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-050, filed 11/6/17, effective 12/7/17.

Wash. Admin. Code § 132F-605-070 Parking fees.

Parking fees will be refunded only in the case of one hundred percent withdrawal from the college and surrender of the parking permit, in which case the fees will be refunded on the same basis as tuition.

History

• Statutory Authority: RCW 28B.50.140(13). WSR 17-23-020, § 132F-605-070, filed 11/6/17, effective 12/7/17.