Title 132m WAC — Lower Columbia College

Chapter 132M-108 Procedure.

Wash. Admin. Code § 132M-108-010 Model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found 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 in this title, the procedural rules adopted by this institution shall govern.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-010, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-020 Brief adjudicative procedure.

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

(1) Appeals from residency classifications made pursuant to RCW 28B.15.013;

(2) Appeals from parking and traffic infractions;

(3) Appeals from actions from student conduct or disciplinary proceedings;

(4) Appeals from actions due to outstanding debts of college employees or students;

(5) Appeals from actions regarding loss of eligibility to participate in athletic events;

(6) Challenges to the contents of education records pursuant to 34 C.F.R. Sec. 99.21;

(7) Appeals from actions due to mandatory tuition and fee waivers;

(8) Appeals pursuant to any other formal rule adopted by the college which specifically provides for a brief adjudicative procedure.

History

Statutory Authority: RCW 28B.50.140. WSR 21-16-051, § 132M-108-020, filed 7/28/21, effective 8/28/21. Statutory Authority: RCW 28B.50.140(13), 1995 c 36 § 2 and amendment to RCW 28B.16.600. WSR 95-16-069, § 132M-108-020, filed 7/28/95, effective 8/28/95. Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-020, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-030 Procedure for closing parts of the hearings.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-030, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-040 Appointment of presiding officers.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-040, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-050 Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing and should be submitted to the following address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, 1600 Maple Street, Longview, Washington 98632.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-050, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-060 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 92-09-005, § 132M-108-060, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-070 Recording devices.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132M-108-030, except for the method of official recording selected by the institution.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-070, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-080 Petitions for stay of effectiveness.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-005, § 132M-108-080, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-108-090 Discovery.

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

History

Statutory Authority: RCW 28B.50.140. WSR 95-11-014, § 132M-108-090, filed 5/5/95, effective 6/5/95.

Chapter 132M-110 Public records disclosure policy.

Wash. Admin. Code § 132M-110-010 Authority and purpose.

(1) RCW 42.56.070(1) requires Lower Columbia College (college or agency) to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. 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 Lower Columbia College will follow in order to provide access to public records. These rules provide information to persons wishing to request access to public records of the college and establish processes for both requestors and college staff that are designed to best assist members of the public in obtaining such access.

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-010, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-010, filed 11/10/75.

Wash. Admin. Code § 132M-110-020 Definitions.

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. This definition does not include records that are not otherwise required to be retained by the college and are held by volunteers who:

(a) Do not serve in an administrative capacity;

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

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

(3) Relating to the "conduct of government" means to be a public record, a document must relate to the conduct of government or the performance of any governmental or proprietary function. Almost all records held by an agency relate to the conduct of government; however, some do not. A purely personal record having absolutely no relation to the conduct of government is not a public record. Even though a purely personal record might not be a public record, a record of its existence might be. For example, a record showing the existence of a purely personal email sent by an agency employee on an agency computer would probably be a public record, even if the contents of the email itself were not.

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

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

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

(7) The Community College District Number Thirteen is an agency organized by statute pursuant to RCW 28B.50.040. The Community College District Number Thirteen shall hereinafter be referred to as the "college" and includes the institution known as Lower Columbia College. Where appropriate, the term college also refers to the board of trustees, and the officers, agents, and employees of the college.

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-020, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-020, filed 11/10/75.

Wash. Admin. Code § 132M-110-050 Public records availability.

(1) Hours for inspection of records. Once a request is processed, public records of Lower Columbia College are available for inspection or receipt of copies during normal business hours of the college, Monday through Thursday 9:00 a.m. to 4:00 p.m., excluding legal holidays and other college closures. Records must be inspected at the Administration Building, 1600 Maple Street, Longview, WA 98632.

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

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

(5) Making a request for public records.

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

(i) Name of requestor;

(ii) Address of requestor;

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

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

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

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit.

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

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-050, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-050, filed 11/10/75.

Wash. Admin. Code § 132M-110-060 Public records officer.

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

Vice President of Administration

Lower Columbia College

1600 Maple Street

Longview, WA 98632

Phone: 360-442-2201

Fax: 360-442-2109

Email: publicrecords@lowercolumbia.edu

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

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-060, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-060, filed 11/10/75.

Wash. Admin. Code § 132M-110-080 Requests for public records.

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

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

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

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

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

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

(e) Deny the request.

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

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

(5) Inspection of records.

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

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

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

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

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

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

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-080, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-080, filed 11/10/75.

Wash. Admin. Code § 132M-110-090 Charges for public records.

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-090, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-090, filed 11/10/75.

Wash. Admin. Code § 132M-110-100 Exemptions.

(1) Public Records Act exemptions. There are a number of types of records exempt from public inspection and copying. The college reserves the right to determine that a public record requested in accordance with WAC 132M-110-080, or any portion thereof, is exempt under the Public Records Act.

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

(a) RCW 5.60.060 - Privileged communications;

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

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

(e) Chapter 19.108 RCW and RCW 4.24.601 - Uniform Trade Secrets Act; and

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

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

History

Statutory Authority: RCW 28B.50.140, 42.56.040, 42.56.070, 42.56.100, and 42.56.120 as amended by 2017, c 304. WSR 18-11-094, § 132M-110-100, filed 5/18/18, effective 6/18/18
Order 1-75, § 132M-110-100, filed 11/10/75.

Chapter 132M-115 Tenure.

Wash. Admin. Code § 132M-115-001 Tenure.

This rule is adopted pursuant to the requirement of RCW 28B.50.852 and in accordance herewith it is the declared policy of the board of trustees of Washington Community College District No. 13 that all matters relating to tenure and dismissals of academic employees shall be governed by the laws of the state of Washington and the terms of the collective bargaining agreement between the board and the duly elected academic employee bargaining agent as contained in that agreement.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-007, § 132M-115-001, filed 4/2/92, effective 5/3/92.

Chapter 132M-116 Parking regulations.

Wash. Admin. Code § 132M-116-010 Parking regulations.

(1) Students, faculty, staff, and visitors using Lower Columbia College's parking facilities shall not park in designated "no parking" areas, such as fire lanes, driveways, walkway entrances, loading zones, or any area marked with yellow paint.

(2) Private vehicles shall not be parked in areas designated for "motor pool." Individuals shall not park in "handicapped" spaces without proper stickers attached to their vehicles.

(3) Vehicles that are found in violation of the above restrictions shall be subject to citation, stationary abduction, or towing.

History

Statutory Authority: RCW 28B.50.140(113) [28B.50.140]. WSR 81-22-076 (Order 81-1, Resolution No. 81-1), § 132M-116-010, filed 11/4/81
Order 15, § 132M-116-010, filed 12/20/72.

Chapter 132M-126 Code of student conduct.

Wash. Admin. Code § 132M-126-005 Preamble.

Lower Columbia College is a diverse and dynamic learning community. As such, the college maintains a strong commitment to providing a learning environment that is civil and free from disruptive behavior. All members of the college community share the responsibility to promote a positive learning environment, demonstrate mutual respect and dignity, and avoid adversarial relationships. Thus, students are expected to act as responsible members of this community, maintain a high degree of honesty and integrity, comply with the rules and regulations of the college, and respect the college community's rights, privileges, and property. For allegations of sexual harassment occurring before August 1, 2024, the archived rules apply and can be found here: https://lawfilesext.leg.wa.gov/law/WACArchive/2023/WAC%20132M-126%20%20CHAPTER.htm.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-005, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-005, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-010 Authority.

The board of trustees of Washington State Community College District No. 13, acting pursuant to RCW 28B.50.140(14), delegates to the president of the college the authority to administer disciplinary action. The president is authorized to delegate or reassign any and all duties and responsibilities as set forth in this chapter as may be reasonably necessary. Administration of the disciplinary procedures is the responsibility of the vice president of student services or their designee. Except in cases involving allegations of sex discrimination, including sex-based harassment, the student conduct officer, or delegee, shall serve as the principal investigator and administrator for alleged violations of this code.

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-010, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-010, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-015 Definitions.

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

(1) "ASLCC" means the associated students of Lower Columbia College as defined in the constitution of that body.

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

(3) "Business day" means a weekday, excluding weekends, college holidays, and college closure days.

(4) "College" means Lower Columbia College and any other college centers or premises established within Washington State Community College District No. 13.

(5) "College community" means trustees, students, staff, faculty, and visitors in college facilities and college premises.

(6) "College official" includes any person employed by the college performing assigned duties.

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

(8) "Complainant" means the following individuals who are alleged to have been subjected to conduct that would constitute sex discrimination:

(a) A student or employee; or

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

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

(10) "Controlled substance" means and includes any drug or substance as defined in chapter 69.50 RCW as now law or hereafter amended.

(11) "Disciplinary action" is the process by which the student conduct officer imposes discipline against a student for a violation of the student code of conduct.

(12) "Disciplinary appeal" is the process by which an aggrieved student can appeal the discipline imposed by the student conduct officer. Disciplinary appeals from a suspension in excess of 10 instructional days or an expulsion are heard by the student conduct committee. Appeals of all other appealable disciplinary action shall be reviewed through brief adjudicative proceedings.

(13) "Faculty member" and "instructor" mean any employee of Washington State Community College District No. 13 who is employed on a full-time or part-time basis as a teacher, instructor, counselor, or librarian.

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

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

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

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

(15) "Pregnancy or related conditions" means:

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

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

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

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

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

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

(18) "RCW" means Revised Code of Washington which can be accessed at http://apps.leg.wa.gov/rcw/.

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

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

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

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

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

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

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

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

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

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

(26) "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.

(27) "Student organization" means any number of students who have met the formal requirements of clubs and organizations.

(28) "Supportive measures" means reasonable, available, individualized and appropriate, nonpunitive and nondisciplinary measures offered by the college to the complainant or respondent without unreasonably burdening either party and without fee or charge for purposes of:

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-015, filed 12/13/24, effective 1/13/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and 2022 c 209. WSR 22-23-113, § 132M-126-015, filed 11/17/22, effective 12/18/22. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-015, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-020 Statement of jurisdiction.

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

(a) On college premises;

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

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

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

(3) Students are responsible for their conduct from 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, during the academic year, and periods between terms of actual enrollment.

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-020, filed 12/13/24, effective 1/13/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and 2022 c 209. WSR 22-23-113, § 132M-126-020, filed 11/17/22, effective 12/18/22. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-020, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-025 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 respect general conditions conducive to the freedom to learn is shared by all members of the college community.

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

(1) Academic freedom.

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

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

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

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

(2) Due process.

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-025, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-025, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-030 Prohibited student conduct.

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

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

(2) Abuse in later life.

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

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

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

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

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

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

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

(e) Academic consequences for academic dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member up to and including a failing grade for the course. Students should refer to each of their faculty's course syllabus and program handbook. Further academic consequences may follow consistent with the provisions in any program handbook including, but not limited to, dismissal from an academic program. Incidents of academic dishonesty may also be referred to the student conduct officer for disciplinary action consistent with this chapter in addition to the academic consequences identified above.

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

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

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

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

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

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

(6) Cannabis, drug, and tobacco violations.

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

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

(c) Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, and related products in any building owned, leased, or operated by the college or in any location where such use is prohibited, including 25 feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. This includes all college sidewalks, parking lots, landscaped areas, sports fields, and college buildings. Tobacco use is also prohibited at events on college premises or in college-owned, rented, or leased vehicles. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, vaporizers, and snuff.

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

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

(9) Discriminatory harassment.

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

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

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

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

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

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

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

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

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

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

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

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

(13) Hazing.

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

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

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

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

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

(i) 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;

(ii) Humiliation by ritual act;

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

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

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

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

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

(15) Lewd conduct. Conduct that is lewd or obscene and not otherwise protected under the law.

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

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

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

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

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

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

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

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

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

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

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

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

(20) Sex discrimination. The term "sex discrimination" includes sex-based harassment and may occur when a respondent causes more than de minimis harm to an individual by treating them differently from a similarly situated individual on the basis of: Sex stereotype, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Except as permitted by 20 U.S.C. 1681 (a)(1) through (9) and the corresponding regulations §§ 106.12 through 106.15, 20 U.S.C. 1686 and its corresponding regulation § 106.32 (b)(1), or § 106.41(b), preventing a person from participating in an education program or activity consistent with their gender identity constitutes more than de minimis harm and is prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(I) The length of the relationship;

(II) The type of relationship; and

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

(G) Stalking means 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 to suffer substantial emotional distress.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-030, filed 12/13/24, effective 1/13/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and 2022 c 209. WSR 22-23-113, § 132M-126-030, filed 11/17/22, effective 12/18/22. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-030, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-035 Corrective action, disciplinary sanctions, and terms and conditions.

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

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

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

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

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

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

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

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

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

(c) Not in good standing. A student deemed "not in good standing" with the college shall be subject to the following restrictions:

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

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

(d) No contact directive. An order directing a student to have no contact with a specified student, college employee, a member of the college community, or a particular college facility.

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-035, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-035, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-036 Hazing prohibited—Sanctions.

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

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

(3) Any student group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control, shall be deprived of any official recognition or approval granted by the college.

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-036, filed 12/13/24, effective 1/13/25. Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and 2022 c 209. WSR 22-23-113, § 132M-126-036, filed 11/17/22, effective 12/18/22.

Wash. Admin. Code § 132M-126-037 Amnesty policy.

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-037, filed 12/13/24, effective 1/13/25.

Wash. Admin. Code § 132M-126-040 Initiation of disciplinary action.

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

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

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

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

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

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

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

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

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

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

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

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

(9) At the meeting, the student conduct officer will present the allegations to the respondent, who will be allowed to explain what took place. If the respondent fails to attend the meeting after proper service of notice, the student conduct officer may take disciplinary action based on the available information.

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

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

(a) Exonerate the respondent and terminate the proceedings;

(b) Impose a disciplinary sanction(s), as described in WAC 132M-126-035; or

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

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

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

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

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

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

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

(ii) Respondent is not participating in the college's educational programs or activities;

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-040, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-040, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-045 Appeal from disciplinary action.

(1) Except as specified for cases involving allegations of sex discrimination, as set forth by WAC 132M-126-040(12), the respondent may appeal a disciplinary action by filing a written notice of appeal with the conduct review officer within 21 calendar days of the student conduct officer's decision. Failure to file a notice of appeal timely constitutes a waiver of the right to appeal, and the student conduct officer's decision shall be deemed final.

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

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

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

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

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

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

(a) Suspensions of 10 instructional days or less;

(b) Disciplinary probation;

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

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

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

(b) Dismissals;

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-045, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-045, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-055 Brief adjudicative proceedings—Initial hearing.

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-055, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-055, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-060 Brief adjudicative proceedings—Review of an initial decision.

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-060, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-060, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-065 Brief adjudicative proceedings—College record.

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-065, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-070 Student conduct committee.

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

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

(b) Two faculty members appointed by the faculty association;

(c) One administrative staff member (other than an administrator serving as a student conduct or conduct review officer) or other impartial hearing chair appointed by the president.

(2) The administrative staff member or other impartial hearing officer shall serve as the chair of the committee and may take action on preliminary hearing matters before convening the committee.

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-070, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-070, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-075 Student conduct committee—Prehearing.

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

(2) The student conduct committee chair shall serve all parties with written notice of the hearing not less than seven calendar days before the hearing date. The notice must include:

(a) A copy of the student conduct code;

(b) The basis for jurisdiction;

(d) A summary of facts underlying the allegations;

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

(f) A statement that retaliation is prohibited.

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

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

(5) The chair may provide to the committee members in advance of the hearing copies of (a) the student conduct officer's notification of the imposition of discipline (or referral to the committee) and (b) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

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

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

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

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

(10) The committee will ordinarily be advised by an assistant attorney general. If the respondent and/or complainant is represented by an attorney, the student conduct officer may also be represented by an assistant attorney general.

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

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

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

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

(c) Extension of time. The chair may, upon written request of any party and a showing of good cause, extend the time for disclosure of witness and exhibit lists, accessing and reviewing evidence, or the hearing date, in accordance with the procedures set forth in subsection (13)(b) of this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-075, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-075, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-080 Student conduct committee hearings—Presentations of evidence.

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

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

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

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

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

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

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

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

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

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

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

(c) The chair shall exclude, and the committee shall not consider legally privileged information unless the individual holding the privilege has waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

(i) Spousal/domestic partner privilege;

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

(iii) Clergy privileges;

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-080, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-080, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-085 Student conduct committee—Initial decision.

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

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

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

(4) The committee chair shall cause copies of the initial decision to be served on the parties and their legal counsel of record. The committee chair shall also promptly transmit a copy of the decision and the record of the committee's proceedings to the president.

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-085, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-085, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-090 Student conduct committee—Review of initial decision.

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

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

(a) Procedural irregularity that would change the outcome;

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-090, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-090, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-095 Recordkeeping.

(1) Student conduct code records are maintained in accordance with the college's records retention schedule.

(2) The disciplinary record is confidential, and is released only as authorized under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

History

Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-095, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-100 Summary suspension.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

Statutory Authority: Chapter 34.05 RCW, RCW 28B.50.140(13), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-01-083, s 132M-126-100, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-100, filed 12/17/20, effective 1/17/21.

Wash. Admin. Code § 132M-126-105 Classroom misconduct and authority to suspend for no more than one day.

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

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

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

History

Statutory Authority: RCW 28B.50.140. WSR 21-01-145, § 132M-126-105, filed 12/17/20, effective 1/17/21.

Chapter 132M-139 Use of college facilities—Expressive activities.

Wash. Admin. Code § 132M-139-100 Title.

This chapter shall be known as use of college facilities for expressive activities.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-100, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-105 Definitions.

(1) "College facilities" includes all buildings, structures, grounds, office space and parking lots.

(2) "College groups" means individuals or groups who are currently enrolled students or current employees of the college, or guests of the college who are sponsored by a recognized student organization, employee organization, or the administration of the college.

(3) "Expressive activity" includes, but is not limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of assemblies to share information, perspective or viewpoints.

(4) "Noncollege groups" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college and who are not officially affiliated or associated with, or invited guests of a recognized student organization, recognized employee group, or the administration of the college.

(5) "Public use areas" means those areas of each campus that the college has chosen to open as places where noncollege groups may assemble for expressive activity protected by the First Amendment, subject to reasonable time, place, or manner restrictions.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-105, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-110 Statement of purpose.

Lower Columbia Community College District is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities to which the college's facilities and grounds are dedicated. Accordingly, the college designates the common areas of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy.

The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups seeking to assemble in common areas of the campus for expressive activity. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college has designated certain facilities as public use areas open to noncollege groups as set forth herein.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-110, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-115 Use of facilities.

(1) Subject to the regulations and requirements of this policy, groups may use the campus limited forums for expressive activities between the hours of 7:00 a.m. and 10:00 p.m.

(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 event or activity.

(3) Groups are encouraged to notify the campus public safety department no later than twenty-four hours in advance of an event. However, unscheduled events are permitted so long as the event does not materially disrupt any other function occurring at the facility.

(4) All sites used for expressive activity should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.

(5) All fire, safety, sanitation, or special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of expressive activity conducted pursuant to this policy.

(6) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees to the college.

(7) The event must not substantially and materially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees, or invitees to the college.

(8) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(9) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department or office or officially chartered student club.

(10) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances and state or federal laws.

(11) Individuals or organizations in college facilities, buildings and grounds when campus is closed may be asked to leave if not participating in an activity sanctioned by chapter 132M-139 WAC. The college does not discriminate based on race, color, or national origin in the removal of individuals or organizations from campus. College hours may be found at lowercolumbia.edu/contact.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-115, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-120 Additional requirements for noncollege groups.

(1) The college designates the following area as the sole limited public forum area for use by noncollege groups for expressive activity on campus: Quad area in front of admissions building. The public use area may be scheduled. Scheduled groups have priority of use over unscheduled groups.

(2) Noncollege groups that seek to engage in expressive activity on the designated public use area are encouraged to provide notice to the campus public safety office no later than twenty-four hours prior to the event, along with the following information solely to ensure:

(a) The area is not otherwise scheduled; and

(b) To give the college an opportunity to assess any security needs:

(i) The name, address, and telephone number of a contact person for the individual, group, entity, or organization sponsoring the event;

(ii) The date, time, and requested location of the event;

(iii) The nature and purpose of the event; and

(iv) The estimated number of people expected to participate in the event.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-120, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-125 Distribution of materials.

(1) Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. Noncollege groups may distribute materials only at the site designated for noncollege groups.

(2) All college groups and noncollege groups wishing to post material on college bulletin boards shall contact the director of student programs.

(3) Any student who violates any provision of this section shall be subject to disciplinary action.

(4) Any distribution of materials regulated by established policies and authorized under this section by the director of student programs shall not be construed as support or approval of the content by the college or by the board of trustees of Washington Community College District No. 13.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-125, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-139-130 Criminal trespass.

(1) Noncollege groups who violate these rules, any provision of the conduct code, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the campus president or designee to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under the criminal trespass provisions of chapter 9A.52 RCW or municipal ordinance.

(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 calendar 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 business days.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-139-130, filed 8/27/18, effective 9/27/18.

Chapter 132M-141 Rental of college facilities.

Wash. Admin. Code § 132M-141-100 Title.

WAC 132M-141-100 through 132M-141-140 will be known as rental of college facilities.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-100, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-105 Statement of purpose.

Lower Columbia College reserves its facilities, buildings and grounds for those activities that are related to its broad educational mission. As such, individuals or organizations in college facilities, buildings and grounds when campus is closed may be asked to leave if not participating in an activity sanctioned by chapter 132M-139 or 132M-141 WAC. College hours may be found at lowercolumbia.edu/contact. At other times, the college facilities may be made available to other individuals and organizations as stated in this chapter. The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for noncollege groups and for college groups where applicable.

In keeping with this general purpose, and consistent with RCW 28B.50.140 (7) and (9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

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

Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements by either individuals or groups within the college community must be made through the designated facility rental coordinator.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-105, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-110 Insurance.

College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. When renting college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy. When the college grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

Noncollege groups may otherwise use college facilities for expressive activity as identified in chapter 132M-139 WAC.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-110, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-115 Request for use of facilities.

Requests to use college facilities shall be made to the designated facilities rental coordinator, who shall be the agent of the college in consummating use agreements.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-115, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-120 Scheduling and reservation practices.

The primary purpose of college facilities is to serve the instructional programs of the college. However, the facilities, when not required for scheduled college use, may be available for use in accordance with current fee schedules and other relevant terms and conditions for such use.

College facilities may not be used by individuals or groups from outside the college unless the facilities including buildings, equipment, and land have been reserved.

In determining whether to accept a request for the use of college facilities, the designated facilities rental coordinator shall use as guidelines the mission of the college and the following items, listed in priority order:

(1) Lower Columbia College instruction, scheduled programs and activities.

(2) Major college events.

(3) Noncollege (outside individual or organization) events.

Arrangements for use of college facilities must be made through the designated facilities rental coordinator. Application for the use of facilities and grounds shall be made no later than ten working days prior to the date the event is scheduled to occur.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-120, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-125 Limitations of use.

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

(2) If at any time actual use of college facilities by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.

(3) Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations and all laws and ordinances. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.

(4) No person may enter onto college grounds or facilities possessing a firearm or other dangerous weapon, even if licensed to do so, except duly appointed and commissioned law enforcement officers.

(5) Promotional materials or posting for any event being held in a college facility must follow the same procedure as outlined in WAC 132M-139-125.

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

(7) The college facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college and are either sponsored by an appropriate college unit or conducted by contractual agreement with the college.

(8) Activities will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples or brochures in violation of WAC 132M-139-125.

(9) Alcoholic beverages will not be served without the approval of the vice president for administrative services or designee(s). It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations including all state and local regulations and laws, and those of Lower Columbia College.

(10) Authorization for use of college facilities shall not be considered as endorsement of or approval of any group or organization nor the purposes they represent. The name of the college shall not be associated with any program or activity for which the college facilities are used without specific written approval from the president or his or her designee(s).

(11) Rental of college facilities carries no right of advertising on college premises other than the right to post a sign for the purpose of directing people to the place of assembly.

(12) Unless otherwise provided by contractual agreement, an authorized member of the college staff shall be required to be available at times when college facilities are in use by a group. If service beyond normal business hours is required as a result of any meeting, such time shall be paid by the using organization at the currently established rate. The college may require and charge users for security services at the college's discretion.

(13) Audio-visual equipment and materials are intended to support and supplement the college's curriculum. Equipment shall not be rented to external users, unless official prior approval has been granted and currently established rates are charged. The existence of equipment in a rented space does not mean the user has the right to use it.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-125, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-130 Denial of use.

Lower Columbia College is a state agency and exists to serve the public. However, the college may deny use of its facilities to any individual, group, or organization if the requested use would:

(1) Interfere or conflict with the college's instructional, student services, or support programs;

(2) Interfere with the free flow of pedestrian or vehicular traffic on campus;

(3) Involve illegal activity;

(4) Create a hazard or result in damage to college facilities; or

(5) Create undue stress on college resources.

The college president hereby delegates his or her designee(s) the right to cancel the facilities rental agreement at any time and to refund any payment to the college for the use of college facilities. If imminent danger exists or unlawful activity is practiced by the using organization, or if there is any violation of any term, condition, or provision of the use arrangement, the college may terminate an agreement immediately and without notice.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-130, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-135 Other requirements.

When using college facilities, an individual or organization may be required to make an advance deposit, post a bond and/or obtain insurance to protect the college against cost or other liability.

When the college grants permission to an individual or organization to use its facilities, it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-135, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-140 Facility rental/use fees.

Fees will be charged in accordance with the rates available from the designated facilities rental coordinator. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.

Nonprofit organizations such as, but not limited to, those directly concerned with public schools and those sponsored by public schools or affiliated organizations may be allowed reasonable use of college facilities without the payment of a rental fee.

The college reserves the right to have trained college staff operate any and all technical equipment at the user's expense. Rates and fees for use of facilities are available by contacting the designated facilities rental coordinator.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-140, filed 8/27/18, effective 9/27/18.

Wash. Admin. Code § 132M-141-145 Outside speakers.

(1) The college subscribes to the proposition that an important aspect of the education of college students is the opportunity to listen to speakers representing a wide variety of opinions and beliefs on important public issues. The following is established governing the appearance on campus of speakers not themselves members of the college community.

(2) Any recognized ASLCC student organization with written sanction of the director of student programs, may invite individuals to speak on campus.

(3) The appearance of an invited speaker on the campus does not involve an endorsement, either implicit or explicit, of their views by this college, its students, its faculty, its administration, or its board.

(4) The vice president of student services will be notified at least ten days prior to the appearance of an invited speaker.

History

Statutory Authority: RCW 28B.50.140. WSR 18-18-025, § 132M-141-145, filed 8/27/18, effective 9/27/18.

Chapter 132M-325 State Environmental Policy Act.

Wash. Admin. Code § 132M-325-010 Introduction.

When the office of administration or another unit on campus begins to consider taking an action which might affect the environment (e.g., revising the master plan, constructing a new building or recreation facility, adding to an existing facility, landscaping, utilities modification or installation, or adopting or revising grounds maintenance policies), the college shall follow the steps outlined in WAC 132M-325-010 through 132M-325-060.

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-010, filed 4/3/78.

Wash. Admin. Code § 132M-325-020 State Environmental Policy Act compliance.

It is the policy of Lower Columbia College that capital projects proposed to be developed by the college and other similar type activities shall be accomplished in compliance with chapter 43.21C RCW, the State Environmental Policy Act (SEPA) and in accordance with chapter 197-10 WAC, guidelines for State Environmental Policy Act implementation. To this end, Lower Columbia College hereby adopts by reference to the following sections or subsection of chapter 197-10 of the Washington Administrative Code (the "SEPA guidelines" adopted by the state of Washington, council on environmental policy):

WAC 197-10-040:	Definitions
WAC 197-10-060:	Scope of a proposal and its impacts
WAC 197-10-160:	No presumption of significance for nonexempt actions
WAC 197-10-170:	Categorical exemptions
WAC 197-10-175:	Exemptions and nonexemptions applicable to specific state agencies
WAC 197-10-180:	Exemption for emergency actions
WAC 197-10-190:	Use and effect of categorical exemptions
WAC 197-10-200:	Lead agency—Responsibilities
WAC 197-10-203:	Determination of lead agency—Procedures
WAC 197-10-205:	Lead agency designation—Governmental proposals
WAC 197-10-210:	Lead agency designation—Proposals involving both private and public construction
WAC 197-10-215:	Lead agency designation—Private projects for which there is only one agency
WAC 197-10-220:	Lead agency designation—Private projects, licenses from more than one agency when one is city/county
WAC 197-10-225:	Lead agency designation—Private projects, license from more than one state agency
WAC 197-10-230:	Lead agency designation—Specific proposals
WAC 197-10-235:	Local agency transfer of lead agency status to a state agency
WAC 197-10-240:	Agreements as to lead agency status
WAC 197-10-245:	Agreements between agencies as to division of lead agency duties
WAC 197-10-260:	Dispute as to lead agency determination—Resolution by CEP
WAC 197-10-270:	Assumption of lead agency by another agency with jurisdiction
WAC 197-10-300:	Threshold determination requirement
WAC 197-10-305:	Recommended timing for threshold determination
WAC 197-10-310:	Threshold determination procedures—Environmental checklist
WAC 197-10-320:	Threshold determination procedures—Initial review of environmental checklist
WAC 197-10-330:	Threshold determination procedures—Information in addition to checklist
WAC 197-10-340:	Threshold determination procedures—Negative declarations
WAC 197-10-345:	Assumption of lead agency status by another agency with jurisdiction—Prerequisites, effect and form of notice
WAC 197-10-350:	Affirmative threshold determinations
WAC 197-10-355:	Form of declaration of significance/nonsignificance
WAC 197-10-360:	Threshold determination criteria—Application of environmental checklist
WAC 197-10-365:	Environmental checklist
WAC 197-10-370:	Withdrawal of affirmative threshold determination
WAC 197-10-375:	Withdrawal of negative threshold determination
WAC 197-10-390:	Effect of threshold determination by lead agency
WAC 197-10-400:	Duty to begin preparation of a draft EIS
WAC 197-10-410:	Predraft consultation procedures
WAC 197-10-425:	Organization and style of a draft EIS
WAC 197-10-440:	Contents of a draft EIS
WAC 197-10-442:	Special considerations regarding contents of an EIS
WAC 197-10-444:	List of elements of the environment
WAC 197-10-450:	Public awareness of availability of draft EIS
WAC 197-10-455:	Circulation of the draft EIS—Review period
WAC 197-10-460:	Specific agencies to which draft EIS shall be sent
WAC 197-10-465:	Agencies possessing environmental expertise
WAC 197-10-470:	Cost to the public for reproduction of environmental documents
WAC 197-10-480:	Public hearing on a proposal—When required
WAC 197-10-485:	Notice of public hearing on environmental impact of the proposal
WAC 197-10-490:	Public hearing on the proposal—Use of environmental document
WAC 197-10-495:	Preparation of amended or new draft EIS
WAC 197-10-500:	Responsibilities of consulted agencies—Local agencies
WAC 197-10-510:	Responsibilities of consulted agencies—State agencies with jurisdiction
WAC 197-10-520:	Responsibilities of consulted agencies—State agencies with environmental expertise
WAC 197-10-530:	Responsibilities of consulted agencies—When predraft consultation has occurred
WAC 197-10-535:	Cost of performance of consulted agency responsibilities
WAC 197-10-540:	Limitations on responses to consultation
WAC 197-10-545:	Effect of no written comment
WAC 197-10-550:	Preparation of the final EIS—Time period allowed
WAC 197-10-570:	Preparation of final EIS—When no critical comments received on the draft EIS
WAC 197-10-580:	Preparation of the final EIS—Contents—When critical comments received on draft EIS
WAC 197-10-600:	Circulation of the final EIS
WAC 197-10-650:	Effect of an adequate final EIS prepared pursuant to NEPA
WAC 197-10-652:	Supplementation by a lead agency of an inadequate final NEPA EIS
WAC 197-10-660:	Use of previously prepared EIS for a different proposed action
WAC 197-10-690:	Use of a lead agency's EIS by other acting agencies for the same proposal
WAC 197-10-695:	Draft and final supplements to a revised EIS
WAC 197-10-700:	No action for seven days after publication of the final EIS
WAC 197-10-710:	EIS combined with existing planning and review processes
WAC 197-10-830:	Responsibilities of agencies—SEPA public information center
WAC 197-10-835:	Regional SEPA public information centers
WAC 197-10-840:	Application of agency guidelines to ongoing actions

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-020, filed 4/3/78.

Wash. Admin. Code § 132M-325-030 State Environmental Policy Act "responsible official."

In compliance with chapter 197-10 WAC, the president of Lower Columbia College or an individual designated to act for and on behalf of him shall be the "responsible official" for carrying out this policy.

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-030, filed 4/3/78.

Wash. Admin. Code § 132M-325-040 Information center and register distribution.

The SEPA public information center required by chapter 197-10 WAC, shall be maintained in the office of administration of Lower Columbia College. Copies or updates of the registers required by WAC 197-10-830(3) shall be sent as required by WAC 197-10-830(4) to those individuals and organizations who make written request therefore.

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-040, filed 4/3/78.

Wash. Admin. Code § 132M-325-050 Publication of notice of action.

Any action, as defined in WAC 197-10-040, undertaken by Lower Columbia College, shall be publicized as prescribed in RCW 43.21C.080.

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-050, filed 4/3/78.

Wash. Admin. Code § 132M-325-060 Time limit for completion of EIS process.

As soon as possible after a proposal for action has been formulated and its scope defined the responsible official or his designee shall establish the date by which the EIS process for the particular project must be completed.

History

Statutory Authority: Chapter 43.21C RCW. WSR 78-04-072 (Resolution No. 78-1), § 132M-325-060, filed 4/3/78.

Chapter 132M-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132M-400-010 Grounds for ineligibility.

Any student athlete found by the college to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use, or sale of legend drugs, as defined in RCW 69.41.010(9), including anabolic steroids, may be disqualified from participation in any college-sponsored athletic event or activity.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-006, § 132M-400-010, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-400-020 Suspension procedure—Right to brief adjudicative procedure.

Any student notified of a claimed violation of WAC 132M-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the appropriate dean within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in college-sponsored athletic events or activities for the remainder of the academic year.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-006, § 132M-400-020, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-400-030 Brief adjudicative procedure.

If a timely written request for a hearing is made, the dean shall designate a presiding officer, who shall be a college administrator who is not involved with the athletic program, to conduct the brief adjudicative proceeding. The presiding officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-006, § 132M-400-030, filed 4/2/92, effective 5/3/92.

Wash. Admin. Code § 132M-400-040 Decision.

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

History

Statutory Authority: RCW 28B.50.140. WSR 92-09-006, § 132M-400-040, filed 4/2/92, effective 5/3/92.

Title 132m WAC — Lower Columbia College

Chapter 132M-108 Procedure.

Wash. Admin. Code § 132M-108-010 Model rules of procedure.

Wash. Admin. Code § 132M-108-020 Brief adjudicative procedure.

Wash. Admin. Code § 132M-108-030 Procedure for closing parts of the hearings.

Wash. Admin. Code § 132M-108-040 Appointment of presiding officers.

Wash. Admin. Code § 132M-108-050 Application for adjudicative proceeding.

Wash. Admin. Code § 132M-108-060 Method of recording.

Wash. Admin. Code § 132M-108-070 Recording devices.

Wash. Admin. Code § 132M-108-080 Petitions for stay of effectiveness.

Wash. Admin. Code § 132M-108-090 Discovery.

Chapter 132M-110 Public records disclosure policy.

Wash. Admin. Code § 132M-110-010 Authority and purpose.

Wash. Admin. Code § 132M-110-020 Definitions.

Wash. Admin. Code § 132M-110-050 Public records availability.

Wash. Admin. Code § 132M-110-060 Public records officer.

Wash. Admin. Code § 132M-110-080 Requests for public records.

Wash. Admin. Code § 132M-110-090 Charges for public records.

Wash. Admin. Code § 132M-110-100 Exemptions.

Chapter 132M-115 Tenure.

Wash. Admin. Code § 132M-115-001 Tenure.

Chapter 132M-116 Parking regulations.

Wash. Admin. Code § 132M-116-010 Parking regulations.

Chapter 132M-126 Code of student conduct.

Wash. Admin. Code § 132M-126-005 Preamble.

Wash. Admin. Code § 132M-126-010 Authority.

Wash. Admin. Code § 132M-126-015 Definitions.

Wash. Admin. Code § 132M-126-020 Statement of jurisdiction.

Wash. Admin. Code § 132M-126-025 Statement of student rights.

Wash. Admin. Code § 132M-126-030 Prohibited student conduct.

Wash. Admin. Code § 132M-126-035 Corrective action, disciplinary sanctions, and terms and conditions.

Wash. Admin. Code § 132M-126-036 Hazing prohibited—Sanctions.

Wash. Admin. Code § 132M-126-037 Amnesty policy.

Wash. Admin. Code § 132M-126-040 Initiation of disciplinary action.

Wash. Admin. Code § 132M-126-045 Appeal from disciplinary action.

Wash. Admin. Code § 132M-126-055 Brief adjudicative proceedings—Initial hearing.

Wash. Admin. Code § 132M-126-060 Brief adjudicative proceedings—Review of an initial decision.

Wash. Admin. Code § 132M-126-065 Brief adjudicative proceedings—College record.

Wash. Admin. Code § 132M-126-070 Student conduct committee.

Wash. Admin. Code § 132M-126-075 Student conduct committee—Prehearing.

Wash. Admin. Code § 132M-126-080 Student conduct committee hearings—Presentations of evidence.

Wash. Admin. Code § 132M-126-085 Student conduct committee—Initial decision.

Wash. Admin. Code § 132M-126-090 Student conduct committee—Review of initial decision.

Wash. Admin. Code § 132M-126-095 Recordkeeping.

Wash. Admin. Code § 132M-126-100 Summary suspension.

Wash. Admin. Code § 132M-126-105 Classroom misconduct and authority to suspend for no more than one day.

Chapter 132M-139 Use of college facilities—Expressive activities.

Wash. Admin. Code § 132M-139-100 Title.

Wash. Admin. Code § 132M-139-105 Definitions.

Wash. Admin. Code § 132M-139-110 Statement of purpose.

Wash. Admin. Code § 132M-139-115 Use of facilities.

Wash. Admin. Code § 132M-139-120 Additional requirements for noncollege groups.

Wash. Admin. Code § 132M-139-125 Distribution of materials.

Wash. Admin. Code § 132M-139-130 Criminal trespass.

Chapter 132M-141 Rental of college facilities.

Wash. Admin. Code § 132M-141-100 Title.

Wash. Admin. Code § 132M-141-105 Statement of purpose.

Wash. Admin. Code § 132M-141-110 Insurance.

Wash. Admin. Code § 132M-141-115 Request for use of facilities.

Wash. Admin. Code § 132M-141-120 Scheduling and reservation practices.

Wash. Admin. Code § 132M-141-125 Limitations of use.

Wash. Admin. Code § 132M-141-130 Denial of use.

Wash. Admin. Code § 132M-141-135 Other requirements.

Wash. Admin. Code § 132M-141-140 Facility rental/use fees.

Wash. Admin. Code § 132M-141-145 Outside speakers.

Chapter 132M-325 State Environmental Policy Act.

Wash. Admin. Code § 132M-325-010 Introduction.

Wash. Admin. Code § 132M-325-020 State Environmental Policy Act compliance.

Wash. Admin. Code § 132M-325-030 State Environmental Policy Act "responsible official."

Wash. Admin. Code § 132M-325-040 Information center and register distribution.

Wash. Admin. Code § 132M-325-050 Publication of notice of action.

Wash. Admin. Code § 132M-325-060 Time limit for completion of EIS process.

Chapter 132M-400 Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 132M-400-010 Grounds for ineligibility.

Wash. Admin. Code § 132M-400-020 Suspension procedure—Right to brief adjudicative procedure.

Wash. Admin. Code § 132M-400-030 Brief adjudicative procedure.

Wash. Admin. Code § 132M-400-040 Decision.

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