Original Notice.

Preproposal statement of inquiry was filed as WSR 99-16-108.

Title of Rule: Chapter 132V-300 WAC, Grievance procedure -- Sexual harassment, sex discrimination and disability discrimination.

Purpose: Revisions to existing policy.

BACKGROUND: Chapter 132V-300 WAC establishes the college's policy and grievance procedure for sexual harassment, sex discrimination and disability discrimination.

The proposed revisions would provide the option of a more informal process to occur when handling a complaint. The current process is very formal and requires a hearing with witnesses and parties being taped through an interview process. It is very invasive and is not sensitive to all individuals involved. This revision would provide an option that would be more responsive to the sensitive nature of these cases. By providing an opportunity to resolve the situation informally, students who have filed the complaint can have greater involvement in how the situation gets resolved. This would maintain a formal process but also give students the option of handling it informally should that be determined as more desirable.

The proposed changes eliminates the process of appealing the findings of the college officer to the president and instead gives the option of appealing procedural concerns to the Student Rights and Responsibilities Hearing Committee.

The proposed revisions will also modify the rule so that it is applicable to students and prospective students of the college only. Grievance procedures for employees have been developed by human resources.

RECOMMENDATION: Modify chapter 132V-300 WAC, Grievance procedure -- Sexual harassment, sex discrimination and disability discrimination, to reflect changes described above which would:

	Provide the option of a more informal process to occur when handling a complaint.
	Eliminate the process of appealing the findings of the college officer to the President and instead give the option of appealing procedural concerns to the Student Rights and Responsibilities Hearing Committee.
	Modify the rule so that it is applicable to students and prospective students of the college only.

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 student 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-3375.2

AMENDATORY SECTION(Amending 93-20-028, filed 9/27/93, effective 10/28/93)

WAC 132V-300-010   Statement of policy.   Tacoma Community College is covered by Title IX of the Education Amendments of 1972 prohibiting sex discrimination in education and Section 504 of the Rehabilitation Act of 1973 prohibiting discrimination on the basis of a documented disability. The college is committed to protecting the rights and dignity of each individual in the campus community and so will not tolerate discrimination of any kind, at any level.

((Further,)) It is the policy of Tacoma Community College to provide an environment in which ((employees can work)) students and applicants for admission can attend the college free from sexual harassment or sexual intimidation and discrimination on the basis of a documented disability. ((Sexual harassment is a form of sex discrimination. As such it is a violation of Title VII of the 1964 Civil Rights Act and Title IX of the 1972 Education Amendments.)) Persons found to have engaged in discriminatory acts will be subject to corrective action up to and including termination, suspension or expulsion from the college pursuant to appropriate procedures depending on their status as an employee or a student.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's ((employment or)) academic standing; or

(2) Submission to or rejection of such conduct by an individual is used as the basis for ((employment or)) academic decision affecting such individual; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's ((work or)) academic performance or creating an intimidating, hostile, or offensive ((working or)) educational environment.

As an institution of higher education, Tacoma Community College shall ensure that students with documented disabilities are reasonably accommodated with appropriate core services and services necessary to ensure equal success. Such accommodating will be provided in a timely manner.

[Statutory Authority: RCW 28B.50.140(13). 93-20-028, 132V-300-010, filed 9/27/93, effective 10/28/93; 93-03-078, 132V-300-010, filed 1/19/93, effective 2/19/93.]

[Statutory Authority: RCW 28B.50.140(13). 93-03-078, 132V-300-020, filed 1/19/93, effective 2/19/93.]

(((a))) (1) Step 1: ((Official hearing.)) Filing the complaint with the college official.

(((i))) (a) Sexual discrimination/harassment complaints shall be lodged with the Title IX officer ((or the affirmative action officer)). Disability discrimination complaints shall be lodged with the 504 officer ((or the affirmative action officer. The complainant shall request a meeting with the designated college officer as the first step in the grievance process)).

(((ii) To request an official hearing,)) (b) The complainant shall file a written complaint with the designated college officer describing the specific grievance(s), including dates, times, places, circumstances, and any witnesses. A copy of the written complaint will be provided to the person to whom the grievance is directed, referred to as the respondent.

(((iii))) (2) Step 2: Within ten instructional days of receiving the written ((request)) complaint, the designated college officer shall arrange a meeting to hear the complaint and initiate an investigation if warranted. It shall be at the discretion of the ((complainant)) college official to determine whether the officer will meet with the complainant and the ((person to whom the complaint has been directed)) respondent separately or in a single meeting. ((If the complainant requests a single meeting, unless otherwise mutually agreed by the parties, attendance shall be limited to the complainant, the person to whom the complaint is directed, and the college officer, who shall chair the meeting. Either the complainant or the person to whom the complaint is directed may call witnesses at the discretion of the person presiding.)) Throughout the investigation, the college official may call witnesses, including those persons identified by the complainant and by the respondent, as well as any other persons who may have information relevant to the investigation.

At this step and all subsequent steps in the grievance procedure, the complainant may elect to be ((represented)) advised by an attorney or other advocate in preparing and presenting the grievance. The respondent may choose to be represented by his/her union if a member of a recognized union with the college or may be advised by an attorney in preparing and responding to the grievance. The complainant or respondent shall notify the appropriate college officer at least five instructional days in advance ((of such action)) if he/she is being advised by an attorney. In ((such)) any case((s)), the college may choose to be assisted by an assistant attorney general.

(((iv))) (3) Step 3: Following the ((hearing)) investigation and within thirty calendar days of receiving the written request, the college officer will report his/her findings, conclusions and any actions taken by the college to resolve the complaint in writing to both the complainant and the ((person to whom the complaint has been directed)) respondent. This decision is final ((absent appeal to the college president)). The complainant or student respondent may, however, appeal concerns to the student rights and responsibilities hearing committee.

(((v) The affirmative action officer and Title IX office are to be informed of any sex discrimination/harassment complaint or 504 complaint lodged, as well as the resolutions of such complaints.

(b) Step 2: Presidential appeal.

(i) Either the complainant or the person to whom the complaint is directed has a right to present a statement to the college president appealing the findings of the designated college officer.

(ii) The request must be made in writing within ten days of written notification of the results of the official hearing.

(iii) Within ten instructional days of receiving the appeal request, the college president or the president's designee will review the record of the hearing and the appeal and report the findings in writing to both the complainant and the person to whom the complaint is directed.

(iv) The written findings of the presidential appeal will be considered final. No further intra-institutional appeal exists.

(v) If the findings indicate that the person against whom the complaint is lodged engaged in sexual harassment or other discriminatory acts, disciplinary proceedings may be commenced against the person pursuant to appropriate procedures, depending on whether the person is a student, a member of classified staff, administrative exempt, or faculty.

If desired, inquiries or appeals beyond the institutional level may be directed to:

(a) United States Department of Education, Office of Civil Rights, 1915 2nd Avenue, Room 3310, Seattle, Washington 98174-1099.

(b) United States Equal Opportunity Commission, 2815 2nd Avenue, Suite 500, Seattle, Washington 98121.

(c) The Washington State Human Rights Commission, 711 South Capitol Way, Suite 402, PO Box 42490, FJ-41, Olympia, Washington 98504-2490.

(d) City of Tacoma, Human Rights Department, 747 Market Street, Room 808, Tacoma, Washington 98402.))

[Statutory Authority: RCW 28B.50.140(13). 93-20-028, 132V-300-030, filed 9/27/93, effective 10/28/93; 93-03-078, 132V-300-030, filed 1/19/93, effective 2/19/93.]

(1) Step 1: The appeal must be submitted in writing through the office of the dean for student services within ten calendar days of written notification of the results of the investigation by the college official.

(2) Step 2: Within ten calendar days of receiving the appeal request, the student rights and responsibilities hearing committee will review the investigation process and report in writing a recommendation to the college official with a copy to both the complainant and the respondent.

(3) Step 3: Within ten calendar days the college official shall review the recommendation of the student rights and responsibilities hearing committee and make a final determination whether to uphold or reopen the investigation. The decision of the college officer shall be final.

If desired, inquiries or appeals beyond the institutional level may be directed to:

(a) United States Department of Education, Office of Civil Rights, 915 2nd Avenue, Room 3310, Seattle, Washington 98174-1099.

(b) United States Equal Employment Opportunity Commission, 909 First Avenue, Suite 404, Seattle, Washington 98104.

(c) The Washington State Human Rights Commission, 711 South Capitol Way, Suite 402, PO Box 42490, FJ-41, Olympia, Washington 98504-2490.

(d) City of Tacoma, Human Rights Department, 747 Market Street, Room 808, Tacoma, Washington 98402.

(e) Current telephone numbers for the above agencies are available in the office of the dean for student services.

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