WSR 99-20-097

PROPOSED RULES

LAKE WASHINGTON

TECHNICAL COLLEGE

[ Filed October 5, 1999, 11:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-006.

Title of Rule: Student conduct and misconduct definition.

Purpose: To provide the college with adequately comprehensive definitions of student conduct and misconduct.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: Chapter 42.30 RCW.

Reasons Supporting Proposal: Limitations of present college's policies and procedures definitions of student conduct and misconduct.

Name of Agency Personnel Responsible for Drafting: Dennis Long, 11605 132nd Avenue N.E., Kirkland, (425) 739-8313; Implementation: Gary Cohn, 11605 132nd Avenue N.E., Kirkland, (425) 739-8201; and Enforcement: Mike Metke, 11605 132nd Avenue N.E., Kirkland, (425) 739-8200.

Name of Proponent: Lake Washington Technical College

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

Explanation of Rule, its Purpose, and Anticipated Effects: The college's definitions of student conduct and misconduct are too narrow and this change would allow for a more comprehensive set of definitions. This will assist students, staff, and faculty to more clearly understand the college's commitment to and responsibility for reasonable conduct by members of the campus community.

Proposal Changes the Following Existing Rules: It increases breadth of definitions of student misconduct.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not necessary

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Lake Washington Technical College, 11605 132nd Avenue N.E., Kirkland, WA 98034, on December 6, 1999, at 7:30 p.m.

Assistance for Persons with Disabilities: Contact Karla Preuett by November 27, 1999, TDD (425) 739-8109, or (425) 739-8100.

Submit Written Comments to: Karla Preuett, fax (425) 738-8299 by November 27, 1999.

Date of Intended Adoption: January 6, 2000.

September 30, 1999

L. Michael Metke, Ed.D

President


AMENDATORY SECTION(Amending WSR 92-15-081, filed 7/16/92, effective 8/16/92)

WAC 495D-120-040
Student misconduct.

Disciplinary action may be taken for a violation of any provision of this student code, for a violation of other college rules which may from time to time be properly adopted, or for any of the following types of misconduct:

(1) Smoking is prohibited in all enclosed college facilities and other areas so posted by college officials;

(2) The possession, use, sale, or distribution of any alcoholic beverage or illegal drug on the college campus is prohibited, except as specifically provided for by board policy.  The use of illegal drugs by any student attending a college-sponsored event is also prohibited, even though the event does not take place at the college.  The use of alcohol by any student attending such events on non-college property shall conform to state law;

(3) Engaging in lewd, indecent, or obscene behavior;

(4) Where the student presents an imminent danger to college property or to himself or herself or other students or persons in college facilities on or off campus, or to the education process of the college;

(5) Academic dishonesty, including cheating, plagiarism, or knowingly furnishing false information to the college;

(6) The intentional making of false statements or filing of false charges against the college and members of the college community;

(7) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification with the intent to defraud;

(8) Theft from or damage to college premises or property, or theft of or damage to property of a member of the college community or college premises;

(9) Failure to comply with the direction of college officials acting in the legitimate performance of their duties;

(10) Possession of firearms, licensed or unlicensed, except where possessed by commissioned police officers as prescribed by law;

(11) Failure to comply with a college rule or policy, as set forth in the Lake Washington Technical College Policies and Procedures Manual;

(12) Failure to comply with college attendance policy as published in the current edition of the Student Handbook;

(13) Retaliation upon witnesses or accusers under this chapter.

The Lake Washington Technical College Policies and Procedures Manual and Student Handbook are available during normal business hours for review in the college's library.

[Statutory Authority: RCW 28B.50.140.  92-15-081, § 495D-120-040, filed 7/16/92, effective 8/16/92.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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