Original Notice.

Preproposal statement of inquiry was filed as WSR 99-16-107.

Title of Rule: Chapter 132V-120 WAC, Code of student rights and responsibilities.

Purpose: Revisions to existing policy.

BACKGROUND: Chapter 132V-120 WAC defines the rights and responsibilities of students enrolled at Tacoma Community College, establishes disciplinary procedures for student violations of those rights and responsibilities, and defines the grievance process for students who feel their rights have been violated.

Currently, students who allegedly violate the code of student rights and responsibilities, which could result in a suspension or expulsion, are taken through a hearing process before the Student Rights and Responsibilities Committee. The committee, consisting of faculty, administration, staff and student representation, hears the case and makes a recommendation to the college president. A student may appeal the recommendation to the president. The president's decision is final. The proposed change allows for an additional process, especially useful for cases where the situation is straightforward (i.e. all parties agree that a violation has occurred). In such situations, the hearing would be before the chief student services officer with all evidence and witnesses coming forth from both the college and the student who has allegedly violated the code. A decision would be made at the conclusion of the hearing. The student may appeal the decision to the Student Rights and Responsibilities Committee (same composition - faculty, administration, staff, student representation). The decision would become final after the appeal process. For cases that are not straightforward, the case is referred directly to the Student Rights and Responsibilities Committee. Appeals regarding procedural errors would be made to the chief student services officer or designee if there is concern about possible prior knowledge of the case at hand. The decision is final after the appeal process.

The above-described change is being proposed as a result of requests that decisions in some situations be made through a quicker process so that students can move forward with their plans. The proposed revision to the process has been reviewed by students, faculty, administration and staff who feel that the changes are positive, particularly for students involved in this type of situation. It allows for two options: A hearing before the chief student services officer which can be done relatively quickly with an appeal option before the Student Rights and Responsibilities Committee; or, in cases that are more involved, a hearing before the committee.

RECOMMENDATION: Modify chapter 132V-120 WAC, Code of student rights and responsibilities, to reflect changes described above.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dr. Trish Geringer, Tacoma Community College, (253) 566-5115.

Name of Proponent: Tacoma Community College, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Policy affects Tacoma Community College students only.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Tacoma Community College, Baker Room, Building 7, 6501 South 19th Street, Tacoma, WA 98466, on November 15, 2001, at 4:00 p.m.

Assistance for Persons with Disabilities: Contact Eileen Bushman by November 8, 2001, (253) 566-5101.

Submit Written Comments to: Dr. Trish Geringer, Tacoma Community College, 6501 South 19th Street, Tacoma, WA 98466, fax (253) 566-6034, by November 8, 2001.

Date of Intended Adoption: November 15, 2001.

October 1, 2001

Dr. Trish Geringer

Associate Vice-President

for Student Services

OTS-3377.3

AMENDATORY SECTION(Amending Order 88-1, filed 11/17/88)

WAC 132V-120-020   Definitions.   As used in this chapter the following words and phrases shall be defined as follows:

(1) "District" shall mean Community College District 22.

(2) "College" shall mean Tacoma Community College main campus and any other campus or college facility which may be created by the board.

(3) "College facilities" shall include real property, buildings and improvements thereon owned, leased, or used by or on behalf of the college or the associated students.

(4) "Board" shall mean the board of trustees of Community College District No. 22, state of Washington.

(5) "President" shall mean the duly appointed chief executive officer of any campus of ((the district, or in his or her absence, the acting chief executive officer)) Tacoma Community College or designee.

(6) "Dean ((of students)) for student services" shall mean the administrator responsible for student services or designee.

(7) "Chief academic affairs officer" shall mean the administrator responsible for the instructional program or designee.

(8) "Officer of the college" shall mean and include all administrative exempt employees, exclusive of the president, and any faculty member whose primary assignment is that of division ((chairperson)) administrator.

(9) "Faculty" shall mean and include any full-time or part-time academic employee of the district whose assignment is one or a combination of instruction, counseling, or library services.

(10) "College ((staff)) employee" shall mean and include any classified staff employee, exempt employee or faculty either full time or part time, whose primary assignment is a job position under the jurisdiction of the Washington higher education personnel board. Also included are student employees of the district and employees whose status is either full-time or part-time "exempt-temporary."

(11) "Student" shall mean any person who is registered for classes in the college.

(12) "Associated students" shall mean the student body and such authorized groups organized under the provisions of the Constitution and bylaws of the associated students of the college.

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

(14) "Disciplinary action" shall mean and include a written warning to, the suspension or expulsion of, or placement on probation of any student by an appropriate officer of the college for the violation of any provision of this chapter.

(15) "Instructional day" shall mean any regularly scheduled instructional day designated in the academic year calendar, including summer quarter, as a day when classes are held or during final examination week. Saturdays and Sundays are not regularly scheduled instructional days.

(16) "College community" shall mean any employee, student or guest of Tacoma Community College.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-020, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-020, filed 12/21/84. Formerly WAC 132V-14-020.]

(2) ((Faculty members, other college employees, students, and members of the public who violate or aid or abet another in the violation of any provision of this chapter shall be subject to prosecution under civil or criminal laws or regulations of Washington in addition to any sanctions imposed pursuant to this chapter.)) These rules apply to students engaged in or present at any on-campus or off-campus college-related activity. A student's off-campus conduct at a college-related activity may be considered in determining discipline, particularly if it impedes the rights of other student(s) or the educational process.

(3) Students and members of the public or college community who violate or aid or abet another in the violation of any provision of this chapter shall be subject to prosecution under civil or criminal laws or regulations of Washington in addition to any sanctions imposed pursuant to this chapter.

(4) Provisions of the Revised Code of Washington cited in this document are on file and available in the office of the dean for student services and in the college library.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-030, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-030, filed 12/21/84. Formerly WAC 132V-14-030.]

(1) Academic freedom.

(a) Students are guaranteed the rights of free inquiry, expression, and assembly upon and within college facilities that are generally open and available to the public and pursuant to established procedures available in the office of student programs and activities.

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

(c) Students shall be protected from arbitrary academic evaluation ((which 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 which is free from unlawful discriminatory, inappropriate, and disrespectful conduct and free from 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)) are protected.

(b) ((No disciplinary sanctions may be imposed upon any student without notice to the accused of the nature of the charges.)) Students will receive notice of the nature of charges against him/her prior to disciplinary sanctions being imposed except in cases of summary suspension (WAC 132V-120-070 and 132V-120-080) and in cases of no trespass (WAC 132V-120-060).

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

(3) Distribution and posting. Students may distribute or post printed or published material subject to official procedures available in the office of student programs and activities.

(4) Demonstrations. Students may organize a demonstration subject to official procedures available in the office of student programs and activities.

(5) Off-campus speakers. Student organizations sanctioned by an officer of the college or faculty or authorized by the associated students shall have the right to invite outside speakers to speak on campus subject to the availability of campus facilities, funding resources, and compliance with the official college procedures available in the office of student programs and activities.

(6) Student complaints. A complaint is an oral or written expression of dissatisfaction with the performance of a college employee or procedure or a challenge of the student's education record. The students who have a complaint should use the appropriate process set forth by the college.

(a) Nonacademic. The purpose of this section is to notify students that the college has an established process where a student or students may express and resolve misunderstandings, complaints or grievances with any college employee or college procedure in a fair and equitable manner. This process emphasizes an informal resolution. A copy of that process is available in the office of the dean for student services.

(b) Academic.

(i) Students who believe that information contained in their education records is inaccurate may obtain information on the process to request a correction from the offices of the dean for student services, the registrar or the associate dean of the academic area.

(ii) In instances involving grade disputes, an academic grievance process has been established by the college. A copy is available in the offices of the dean for student services and the chief academic officer and other administrative offices. This process emphasizes an informal resolution.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-040, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-040, filed 12/21/84. Formerly WAC 132V-14-040.]

(1) Physical and/or verbal abuse of any person on college facilities or at a college ((sponsored)) related event or conduct which threatens bodily harm or endangers the health or safety of any such person, including reckless driving;

(2) Disorderly ((or drunken)) conduct; lewd, indecent or obscene conduct or expression; breach of the peace on college facilities or at college ((sponsored)) related events;

(3) An illegal assembly, disruption, obstruction or other act which materially and substantially interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the private rights and privileges of others;

(4) Refusal to comply with any lawful order to leave the college campus or any portion thereof;

(5) Knowingly filing a formal complaint falsely accusing another student or college employee with violating a provision of this code;

(6) Falsely setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities;

(7) Sexual harassment which is defined as engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such behavior offends the recipient, causes discomfort or humiliation, or interferes with ((job or)) school-related performance;

(8) Theft or conversion of property owned, leased or used by the college, the associated students, a member of the college community or of a visitor to the college;

(9) Intentional or grossly negligent damage or destruction of any property owned, leased or used by the college, the associated students, a member of the college community or of a visitor to the college including technology systems used for college functions;

(10) Unauthorized use of college or associated students' equipment, computer software or supplies;

(11) Cheating, plagiarism or tendering to a faculty member any work product that the student fraudulently represents to the faculty member as the student's work ((product)) for the purpose of fulfilling or partially fulfilling any assignment or task required by the faculty member as part of the student's program of instruction;

(12) Forgery or alteration of college documents or records, including, but not limited to, student identification cards and financial aid attendance forms, or the fraudulent use thereof whether in written or electronic form;

(13) Failure to comply with directions of college ((officials)) employees acting in the performance of their duties;

(14) Unauthorized entry or occupancy of college facilities or blocking access to or egress from such areas;

(15) Smoking (or use of other tobacco products), eating or drinking in any classroom, laboratory, library, or in any college facility or office designated as "NO SMOKING," "NO FOOD," "NO DRINKS";

(16) Use, possession, or distribution of alcoholic beverages on college facilities or at college-related events without a permit from the state liquor control board and approval by the president((. Use or possession of alcoholic beverages on college facilities or at college sponsored events by minors));

(17) Using, possessing, selling or being under the influence of any narcotic drug or controlled substance as defined in RCW 69.50.101 or any dangerous drug as defined in RCW 69.50.308 while on college facilities or at any college sponsored event except when the use or possession of such a drug is specifically prescribed as medication by an authorized medical doctor or dentist. The term "sale" shall have the meaning as defined in RCW 69.04.005;

(18) Being under the influence of liquor or alcoholic beverages while on college facilities or at college sponsored events;

(19) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-050, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-050, filed 12/21/84. Formerly WAC 132V-14-050.]

(1) Events or activities disruptive of the lawful business of the college.

(2) Events or activities which disrupt or threaten to disrupt the lawful movement of any person into or out of any college facility.

(3) For the purpose of determining the identity of a person as a student, where identification as a student is a prerequisite to admission or the charge for admission to any college activity or where identification as a student is required in a case of alleged violation of this code, any college employee may demand that any person on college property or at a college activity produce evidence of student enrollment at the college. Tender of a current valid student identification card will satisfy this requirement. Refusal by a student to produce identification as required ((shall)) may subject the student to disciplinary action.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-060, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-060, filed 12/21/84. Formerly WAC 132V-14-060.]

(1) Has cause to believe that any student has violated any provision of WAC 132V-120-050 or has committed a felony; and

(2) Has further cause to believe that the student presents an imminent danger to himself/herself or other persons on college facilities or to the educational process of the college, then the dean shall have, pursuant to the rules herein, authority to suspend the student from the college until such time as the dean is satisfied the student's dangerous nature has ceased. The duration of summary suspension shall not exceed ten instructional days, except that the ((president)) dean may continue summary suspension beyond ten instructional days in circumstances where the student continues to present an imminent danger to people, facilities, or the educational process and disciplinary proceedings provided for in the provisions of this chapter, WAC 132V-120-100 through 132V-120-180.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-070, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-070, filed 12/21/84. Formerly WAC 132V-18-010.]

(2) The notice shall be entitled "Notice of summary suspension proceeding" and shall state:

(a) The charges against the student including reference to the provisions of this chapter, and

(b) That the student charged must appear before the dean ((of students)) for student services at a time specified in the notice for ((a formal)) an informal hearing. This hearing shall be held ((as soon as practicable)) within five instructional days after the summary suspension unless waived by the student and the college. If the hearing extends past the ten-day timeline outlined in WAC 132V-120-070, the summary suspension will continue in effect through the administrative appeal process. The student may elect to be accompanied by a personal advisor at the ((conference)) informal hearing with the dean.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-080, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-080, filed 12/21/84. Formerly WAC 132V-18-020.]

(2) The student may offer oral testimony of any person, submit any statement or affidavit on his or her own behalf, examine any affidavit or statement and cross-examine any witness who may appear against the student, and submit any matter in extenuation or mitigation of the offense or offenses charged.

(3) The dean ((of students)) for student services shall, at the time of the summary suspension proceeding, determine whether there is probable cause to believe that a violation of this chapter has occurred and whether there is cause to believe that continued suspension is necessary. In the course of making such a decision, the dean may only consider the affidavits or oral testimony of persons who have alleged that the student charged has committed a violation of WAC 132V-120-050 and the oral testimony and affidavits submitted by the student charged.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-090, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-090, filed 12/21/84. Formerly WAC 132V-18-030.]

(1) The student against whom specific violations of WAC 132V-120-050 are alleged has committed one or more such violations upon any college facility; and

(2) Summary suspension of said student is necessary for the safety of the student, other students or persons on college facilities, or the educational process of the institution; and

(3) Such violation or violations constitute grounds for disciplinary action as provided for in the code of student rights and responsibilities; then the dean ((of students)) for student services may continue to enforce the suspension of the student from college until further disciplinary hearings or review proceedings are concluded as set forth below.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-100, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-100, filed 12/21/84. Formerly WAC 132V-18-040.]

(2) The student summarily suspended pursuant to the authority of this rule shall be served a copy of the notice of suspension by personal service or by ((regular United States)) certified mail at the student's ((last known)) address as shown on college records within three calendar days following the conclusion of the hearing with the dean ((of students)) for student services.

(3) The notice of summary suspension shall stipulate the duration of the suspension and conditions under which the suspension may be terminated.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-110, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-110, filed 12/21/84. Formerly WAC 132V-18-050.]

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-120, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-120, filed 12/21/84. Formerly WAC 132V-18-060.]

(a) The student has first appeared before the dean ((of students)) for student services at the hearing called for in this chapter as outlined in WAC 132V-120-070 through 132V-120-110;

(b) The student has been officially notified of the outcome of this hearing;

(c) Summary suspension or a lesser disciplinary sanction has been upheld by the dean for student services; and

(d) The appeal conforms to the standards set forth in this chapter.

(2) ((The president)) If the criteria in subsection (1)(a) through (d) have been met, the committee shall review, as soon as reasonably possible, the allegations contained within the notice of appeal, along with the findings of the dean ((of students)) for student services, the ((record)) appropriate documentation of the summary suspension proceeding, and determine therefrom whether the summary suspension order is justified.

(3) After completion of ((this)) the committee's review, the ((president)) committee shall promptly notify the appealing student by certified ((and regular United States)) mail whether the summary suspension shall be maintained, stayed, a lesser sanction imposed, or no sanction imposed. The decision of the ((president)) student rights and responsibilities committee shall be final and not reviewable.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-130, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-130, filed 12/21/84. Formerly WAC 132V-18-070.]

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-150, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-150, filed 12/21/84. Formerly WAC 132V-16-010.]

(1) ((Disciplinary)) Warning. ((This is formal action censuring a student for violation of this chapter. Disciplinary warnings shall be made in writing to the student and shall state that the continuation or repetition of the specific violation involved)) Written notice to a student that the student has been in violation of college rules or regulations or has otherwise failed to meet the college's standards of conduct. Such warnings will include the statement that continuation or repetition of the specific conduct involved or other misconduct may result in one of the more serious disciplinary actions described below.

(2) ((Disciplinary probation. This is formal action placing conditions upon the student's continued attendance for violation of this chapter. Notice shall be made in writing and specify the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. Disciplinary probation may be for a specific term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.)) Reprimand. Written action censuring a student for violation of college rules or regulations or otherwise failing to meet the college's standards of conduct. The written reprimand will be filed in the office of the dean for student services for the duration of the student's attendance at the college. A reprimand will include the statement that continuation or repetition of the specific conduct involved or other misconduct may result in one of the more serious disciplinary actions described below.

(3) Probation. Conditions placed upon the student's continued attendance for violation of this chapter. Notice shall be made in writing and specify the period of probation and the conditions to be met by the student. Disciplinary probation may be for a specific term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college. Violation of the terms of the probation or the breaking of any college provision during the probation period may be grounds for additional sanctions imposed upon the student by the college.

(4) Suspension. ((This is)) Temporary dismissal from the college and termination of the person's student status for violation of this chapter. ((Written notice shall be given which will specify the duration of the suspension and any special conditions which must be met before readmission.

(4))) (5) Expulsion. ((This is)) Indefinite or permanent dismissal from the college and termination of the student status of a student for violation of this chapter. Written notice shall be given which will specify any special conditions which must be met before readmission after indefinite dismissal.

(6) Sanctions for conduct in class.

(a) Each faculty member is responsible for conduct in class and is authorized to take such steps as are necessary when behavior of a student interrupts the normal class procedure. When behavior is disruptive, the faculty member may dismiss the student from class for that one class period and make every reasonable effort to resolve the situation. However, if the matter becomes so serious as to result in removing the student from the class for two consecutive class periods or when a pattern of periodic misconduct occurs, the faculty member is expected to report the incident to the dean for student services in order to seek resolution to the situation and allow for due process.

(b) Consequences for academic cheating or plagiarism or dishonesty or abetting in academic dishonesty may be imposed at the discretion of a faculty member by the award of a failing grade. Students should refer to each of their faculty's course syllabus.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-160, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-160, filed 12/21/84. Formerly WAC 132V-16-110.]

All disciplinary proceedings will be initiated by the dean for student services if there is reasonable cause to believe that a student has violated any provision of this code.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-170, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-170, filed 12/21/84. Formerly WAC 132V-16-020.]

(5) A student accused of violating any provision of this chapter shall be given prompt notice by personal service or regular United States mail of any action taken by the dean of students.)) (1) Written notification: Any student charged with a violation shall receive written notification delivered to the student personally or by certified mail to the student's address as shown on college records no later than fourteen calendar days after a reported violation. Notice shall:

(a) Inform the student that a complaint has been filed and specify the alleged violation(s) and the date of the alleged violation(s);

(b) Specify the time, date, and place of a required conference between the student and dean for student services or designee;

(2) Conference with the dean for student services or designee. At an initial meeting with the dean/designee, the student will be informed of the alleged violations of the code of student rights and responsibilities, the possible consequences, and an explanation of the hearing process in the event that disciplinary proceedings are taken. This is also an opportunity for the accused student to present his/her information regarding the allegation. Upon review of all available information, the following actions may be taken by the dean for student services:

(a) Terminate the proceedings, exonerating the student;

(b) Dismiss the case either due to insufficient and/or conflicting evidence or after appropriate advising of the accused student;

(c) Continue to investigate the matter further until resolution is reached;

(d) Impose a disciplinary warning or reprimand on the student;

(e) Inform the student that disciplinary action as outlined in the chapter will be sought, in which case the student will receive written notification of the hearing process, date, time and location of the hearing, possible sanctions that may be imposed for the alleged violations.

(3) Continue with disciplinary proceedings. If it is determined that disciplinary probation, suspension or expulsion will be considered, the accused student will have five calendar days to submit all evidence pertaining to the alleged violation to the dean. After considering the evidence and interviewing persons as appropriate, the dean may take one of the following actions:

(a) Terminate the proceedings, exonerating the student; or

(b) Impose disciplinary sanctions as provided for in this chapter; or

(c) Refer the matter to the student rights and responsibilities committee.

(4) If the student against whom specific violations of this chapter have been alleged has been served pursuant to the notice required and fails to appear or fails to follow the process set forth in this chapter, the dean or designee is authorized to proceed with making findings of fact, conclusions or decisions as set forth in the established process.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-180, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-180, filed 12/21/84. Formerly WAC 132V-16-030.]

(2) Chairperson. The committee shall elect its own chairperson for each case brought before it.

(3) Quorum. A quorum shall consist of no less than three members, provided that such quorum shall include at least one student, one faculty member and one administrator.

(((3) The committee shall elect its own chairperson for each case brought before it.))

(4) Substitutes.

(a) Any member of the committee having direct knowledge or involvement in a case under consideration may be excused from participation in the hearing or appeal and a substitute appointed.

(b) Substitutes may be appointed to form a quorum.

(5) Advisory capabilities. The committee may use the services of an assistant attorney general to advise it ((so long as the assistant attorney general has not been previously involved with the issue brought before the committee)).

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-200, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-200, filed 12/21/84. Formerly WAC 132V-16-050.]

(((2) The student has the right to a fair and impartial hearing before the committee. The student's failure to cooperate with the hearing procedures, however, shall not preclude a quorum of the committee from making its findings of fact, conclusions and recommendations as provided below.

(3) Written notice of the hearing before the committee shall be mailed or given to the student at least ten calendar days in advance, except in cases of summary suspension where notice shall be given at least five calendar days in advance of the hearing. Said notice shall contain:

(a) A statement of the time and place of the hearing;

(b) A statement of the specific charges including reference to the particular sections of this chapter which are involved; and

(c) To the extent known, a list of witnesses who will appear and a summary description of any documentary or other physical evidence that will be presented by the college at the hearing.

(4) The student shall be entitled to hear and examine the evidence to be offered by the college and be informed of the identity of its source; the student shall be entitled to present evidence in his or her own behalf and to cross-examine witnesses testifying on behalf of the college.

(5) The student may be represented by counsel of his or her choice at the disciplinary hearing. If the student elects to choose a duly licensed attorney admitted to practice in the state of Washington as counsel, notice thereof must be tendered by the student to the dean of students at least five calendar days prior to the hearing.

(6) In all disciplinary proceedings, the college may be represented by the dean of students who will present the college's case against the student accused of violating provisions of this chapter; provided, that in those cases in which the student elects to be represented by a licensed attorney, the dean of students may elect to have the college represented by an assistant attorney general.

(7) The dean of students shall designate a recorder to take notes during the hearing and to prepare a written summary of all evidence, facts, and testimony presented to the committee during the course of the hearing. The proceedings of the hearing shall also be tape recorded.

(8) All records of disciplinary proceedings shall be maintained in the office of the dean of students and shall be available only during the course of the disciplinary proceedings to the committee, the student, and his/her attorney, the dean, and any other college official designated by the president.

(9) Following the final disposition and any appeals of the disciplinary proceedings, access to records of the case and hearing files will be limited to persons designated by the president.

(10) Following final disposition of the case and any appeals therefrom, the president may direct the destruction of any records of disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW.

(11) The time of the hearing may be changed by the committee at the request of any party for good cause.)) (2) At least seven calendar days in advance, written notice of the hearing shall be delivered to the student personally or sent by certified mail to the student's address as shown on college records. Such notification shall contain the time, date and location of the hearing; the specific charges against him/her; and, upon request, reasonable access to the list of witnesses who will appear or provide written testimony and a summary of the description of any document or other physical evidence that will be presented by the college at the hearing.

(3) The student has the right to a fair and impartial hearing before the committee. The student's failure to cooperate with the hearing procedures, however, shall not preclude a quorum of the committee from making its findings of fact, conclusions and decisions as provided below.

(4) The student may be advised by counsel of his or her choice at the disciplinary hearing. If the student elects to choose a duly licensed attorney admitted to practice in the state of Washington as counsel, notice thereof must be tendered by the student to the dean for student services at least five calendar days prior to the hearing.

(5) In all disciplinary proceedings, the college will be represented by the dean for student services who will present the college's case against the student accused of violating provisions of this chapter; provided, that in those cases in which the student elects to be represented by a licensed attorney, the dean for student services may elect to have the college represented by an assistant attorney general.

(6) The student shall be entitled to present evidence in their own behalf and to cross-examine witnesses testifying on behalf of the other party.

(7) The student shall be limited to calling two character witnesses.

(8) The dean for student services shall designate a recorder to take notes during the hearing and to prepare a written summary of all evidence, facts, and testimony presented to the committee during the course of the hearing. The proceedings of the hearing shall also be tape recorded.

(9) All records of disciplinary proceedings shall be maintained in the office of the dean for student services and shall be available only during the course of the disciplinary proceedings to the committee, the student, and his/her attorney, the dean, and any other college official deemed appropriate by the dean for student services.

(10) Following the final disposition and any appeals of the disciplinary proceedings, access to records of the case and hearing files will be limited to persons designated by the dean for student services.

(11) Following final disposition of the case and any appeals therefrom, the dean for student services may direct the destruction of any records of disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW.

(12) The time of the hearing may be changed by the committee at the request of any party for good cause.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-210, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-210, filed 12/21/84. Formerly WAC 132V-16-060.]

(2) ((Any person attending the committee hearing who continues to disrupt said proceedings after the chairman of the committee has asked the person to cease and desist therefrom, shall be subject to disciplinary action.)) The chairperson shall exercise control over the hearing. Any person, including the student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson may be excluded from the proceedings and may be subject to disciplinary action as set forth in this chapter.

(3) The college may elect to have security in attendance at the hearing.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-220, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-220, filed 12/21/84. Formerly WAC 132V-16-070.]

(2) Within seven calendar days of the conclusion of the hearing, the student shall be notified of the committee's recommendations based on findings of fact and conclusions of law regarding whether the student did violate any rule or rules of this code. The committee shall also advise the student in writing of his or her right to present, within seven calendar days of the notification of the committee's recommendation, a written statement to the president of the college appealing the recommendation of the committee.)) After considering the evidence in the case and hearing the testimony of the student or students involved and witnesses, if any, the committee shall decide by majority vote whether to:

(1) Exonerate the student and terminate the proceedings; or

(2) Uphold the decision of the dean for student services; or

(3) Conclude that the student has violated the code of student rights and responsibilities as described in WAC 132V-120-050.

[Statutory Authority: RCW 28B.50.140(13). 88-23-072 (Order 88-1), 132V-120-240, filed 11/17/88; 85-02-004 (Order 84-1), 132V-120-240, filed 12/21/84. Formerly WAC 132V-16-090.]

(2) Based on the final decision of the committee, including findings of fact or reasons for the decision, the dean for student services will impose disciplinary sanctions as provided in WAC 132V-120-160 and based on established guidelines. The student will receive written notice either delivered personally or by certified mail to the student's address as shown on college records.

[]

(2) Said appeal must be filed with the dean for student services within seven calendar days from the date of the notice of disciplinary action.

(3) Appeals of disciplinary action(s) shall be taken in the following order:

(a) Disciplinary action taken by the dean for student services may be appealed to the student rights and responsibilities committee;

(b) The dean for student services may defer the alleged violation to the student rights and responsibilities committee, in which case any decision made by the student rights and responsibilities committee shall be final except for the procedural appeal described in subsection (4) of this section.

(4) Any student who has had disciplinary sanctions placed on him/her, other than summary suspension, may request a procedural review of the disciplinary process by the president to insure the student has been afforded due process as outlined in this chapter.

[]

[Statutory Authority: RCW 28B.50.140(13). 93-20-029, 132V-120-270, filed 9/27/93, effective 10/28/93; 85-02-004 (Order 84-1), 132V-120-270, filed 12/21/84.]

(2) Federal and state laws, rules and regulations, in addition to policies, regulations and procedures adopted by the state board for community and technical colleges or the board of trustees of Community College District 22, shall not be grievable matters.

(3) ((Academic evaluations, other than final course grades, shall not be grievable matters.)) For the purpose of final grade disputes, a student shall use the established academic grievance process. A copy is available in the office of the dean for student services and the chief academic officer and other administrative offices.

(4) For the purpose of filing a grievance due to sexual harassment, sex discrimination, or handicapped discrimination, a student shall use the provisions of the established college grievance procedures on sexual harassment, sex discrimination, and handicapped discrimination, WAC 132V-300-010 to 132V-300-030, not the provisions of this section.

[Statutory Authority: RCW 28B.50.140(13). 93-20-029, 132V-120-280, filed 9/27/93, effective 10/28/93; 85-02-004 (Order 84-1), 132V-120-280, filed 12/21/84.]

Step 1: The student may, within ten instructional days following the incident, present his/her complaint in writing to the appropriate division manager. The student shall present a written, signed statement of the nature of the grievance, a summary of actions taken by the student to resolve the grievance up to that point, and any proposed solution to the problem the grievant may wish to offer.

Step 2: Within ten instructional days of receiving the grievance, the appropriate division manager shall hold a meeting to hear the complaint. It shall be at the discretion of the division manager to determine whether he/she will meet with the grievant and the person to whom the complaint has been directed separately or in a joint meeting.

At this step and all subsequent steps in the grievance procedure, the grievant may elect to be represented by an attorney in preparing and presenting the grievance. The grievant shall notify the appropriate division manager at least five instructional days in advance of such action. In such cases, the college may choose to be assisted by an assistant attorney general.

Following the meeting or meetings, and within ten instructional days, the division manager will report his/her findings and the actions, where appropriate, to be implemented to resolve the grievance in writing to the grievant and the person to whom the complaint is directed.

Step 3: If the grievance is not satisfactorily resolved in Step 2, either the grievant or the person to whom the complaint is directed has the right to request a hearing conducted by the appropriate vice-president/dean.

The vice-president/dean will convene a hearing committee no later than ten instructional days from the time of the request. The committee will be chosen and appointed no later than October 15 of each year. The committee shall consist of the following membership: Three student representatives, chosen by the senate of the associated students; two faculty or staff representatives (dependent upon the nature of the grievance), appointed by the vice-president/dean; two administrators, appointed by the president.

A quorum shall consist of no less than three members, provided that such quorum include at least one student, one faculty or staff member, and one administrator.

The committee shall elect its own chairperson for each case brought before it. The committee shall hear testimony regarding the grievance, deliberate, and decide the issue by majority vote. The hearing may be recessed and reconvened at a time convenient to all parties for the purpose of presenting witnesses, depositions, affidavits or other materials which the division manager/vice-president/dean deems vital to a fair resolution of the grievance.

Step 4: Within three instructional days after concluding the hearing process, the committee will render a decision by majority vote and so inform all parties to the grievance of that decision. Findings of fact will be included when informing all parties.

Step 5: Should any of the parties to the grievance find the hearing committee's solution to the grievance to be unsatisfactory, the decision may be appealed to the president of the college, provided that any such appeal be presented in writing within five instructional days following notification of the committee's decision. Such an appeal shall clearly and specifically set forth the reasons upon which the appeal is based.

Within five instructional days of receiving the appeal request, the college president will review the record of the hearing and the appeal and will provide his/her final decision in writing to both the grievant and the person to whom the complaint is directed. Evidence not in the record will not be considered by the president.

[Statutory Authority: RCW 28B.50.140(13). 93-20-029, 132V-120-290, filed 9/27/93, effective 10/28/93; 85-02-004 (Order 84-1), 132V-120-290, filed 12/21/84.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132V-120-190	Appeals.
WAC 132V-120-250	Final decision regarding disciplinary action.
WAC 132V-120-330	Pregnancy policy.

Washington State Code Reviser's Office