WSR 01-24-006

PERMANENT RULES

TACOMA COMMUNITY COLLEGE


[ Filed November 21, 2001, 3:24 p.m. ]

     Date of Adoption: November 15, 2001.

     Purpose: Revise existing chapter 132V-400 WAC, Loss of eligibility -- Student athletic participation.

     BACKGROUND: Chapter 132V-400 WAC establishes grounds for ineligibility of students to participate in intercollegiate sports based on misuse of prescription, or "legend" drugs. It also sets forth the process for ineligibility proceedings and final decision-making authority.

     The current WAC provides for the college president to designate a presiding officer for the ineligibility proceedings. It also designates that the president will hear any appeal by the student of the decision by the presiding officer and will be the final decision of the college in the matter.

     The proposed changes to the WAC will provide for the chief student services officer to designate a presiding officer over the ineligibility proceedings and will designate the chief student services officer to hear any appeal by the student of the decision by the presiding officer and to be the final decision of the college in the matter.

     The proposed changes will also set a timeline of "within ten calendar days" of receiving a request for ineligibility proceedings for the presiding officer to conduct the ineligibility hearing.

     STATUS: The revised language to chapter 132V-400 WAC is shown below for your review. A public hearing for final approval of this revision would be made at the November 15, 2001, board of trustees meeting.

     RECOMMENDATION: The president recommends that the board approve for study the revision of chapter 132V-400 WAC, Loss of eligibility -- Student athletic participation, to reflect changes described above and as noted below.

     Citation of Existing Rules Affected by this Order: Amending chapter 132V-400 WAC.

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

      Adopted under notice filed as WSR 01-20-084 on October 2, 2001.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

November 15, 2001

Laurie Jinkins, Chair

Board of Trustees

OTS-3376.1


AMENDATORY SECTION(Amending WSR 90-07-038, filed 3/16/90, effective 4/16/90)

WAC 132V-400-010   Grounds for ineligibility.   Any student found to have violated chapter 69.41 RCW, legend drugs, by virtue of a criminal conviction or by decision of the college's designated presiding officer, shall be disqualified from participation in any school-sponsored athletic events or activities.

[Statutory Authority: RCW 28B.50.140(13). 90-07-038, § 132V-400-010, filed 3/16/90, effective 4/16/90.]


AMENDATORY SECTION(Amending WSR 90-07-038, filed 3/16/90, effective 4/16/90)

WAC 132V-400-020   Initiation of ineligibility proceedings.   Any officer of the college or college staff shall have authority to request the commencement of athletic ineligibility hearing proceedings whenever he or she has reasonable cause to believe that the student has violated chapter 69.41 RCW or upon receipt of notice from any source that the student has been convicted of violating chapter 69.41 RCW. Requests to initiate athletic ineligibility hearing proceedings should be submitted to the dean ((of)) for student services within ten instructional days of the date the person ((became)) becomes aware of the alleged violation or conviction of chapter 69.41 RCW.

[Statutory Authority: RCW 28B.50.140(13). 90-07-038, § 132V-400-020, filed 3/16/90, effective 4/16/90.]


AMENDATORY SECTION(Amending WSR 90-07-038, filed 3/16/90, effective 4/16/90)

WAC 132V-400-030   Ineligibility proceedings.   The ((president of the college)) dean for student services shall designate a presiding officer who shall be a college officer who is not involved with the athletic program to conduct ((the)) a brief adjudicative hearing. Within ten calendar days the presiding officer shall ((promptly)) conduct the hearing and permit the 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 34.05.482-34.05.494.

[Statutory Authority: RCW 28B.50.140(13). 90-07-038, § 132V-400-030, filed 3/16/90, effective 4/16/90.]


AMENDATORY SECTION(Amending WSR 90-07-038, filed 3/16/90, effective 4/16/90)

WAC 132V-400-040   Decision.   Within ten calendar days of the conclusion of the brief adjudicative proceedings, the presiding officer shall give each party a written decision which shall include a brief statement of the reasons for the decision and, in the event of a decision adverse to the student, the period of loss of eligibility to participate in college-supervised athletic events or activities. Any party shall have the right to present, within five calendar days of notification of the presiding officer's decision, a written request for review directed to the ((president of the college)) dean for student services appealing the decision or the period of loss of eligibility. The request for review shall explain the party's view of the matter. The ((president's)) dean's decision on the appeal will be in writing, including a brief statement of the reasons for the decision((, and a notice that judicial review may be available)) and will be the final decision of the college.

[Statutory Authority: RCW 28B.50.140(13). 90-07-038, § 132V-400-040, filed 3/16/90, effective 4/16/90.]

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