Purpose: Centralia College is proposing to repeal and amend certain portions of Title 132L WAC, and adopt new sections consistent with changes in operating procedures or with legislative requirements.

     Citation of Existing Rules Affected by this Order: Repealing chapter 132L-280 WAC, Student records policy and chapter 132L-400 WAC, Loss of eligibility -- Student athletic participation; adopting chapter 132L-122 WAC, Withholding services for outstanding debt and chapter 132L-300 WAC, Discrimination complaint process; and amending chapter 132L-19 WAC, Disruption of operation, chapter 132L-26 WAC, Emergency procedures, chapter 132L-108 WAC, Practice and procedure, chapter 132L-117 WAC, Parking and traffic regulations -- Centralia College, chapter 132L-120 WAC, Student rights and responsibilities code, chapter 132L-133 WAC, Organizations, chapter 132L-136 WAC, Use of college facilities, chapter 132L-140 WAC, Environmental protection, and chapter 132L-276 WAC, Public records.

     Statutory Authority for Adoption: RCW 28B.50.140 and chapter 34.05 RCW.

      Adopted under notice filed as WSR 04-10-052 on April 30, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 9, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 9, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 18, 2004.

Dr. James M. Walton

President

OTS-6968.2

     (1) Inform those involved in such activities that they are in violation of college and/or civil regulations.

     (2) Inform them that they should cease and desist. Indicate an area on campus where they are able to conduct their activities without interfering with the operation of the college, if such an area is available.

     (3) If they do not respond within a reasonable time, call the civil authorities.

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OTS-6969.1

AMENDATORY SECTION(Amending Resolution No. 81-9, filed 6/12/81)

WAC 132L-26-010   Authority to suspend operations.   The president of ((District 12)) Centralia College is authorized to suspend the operation of any or all campuses ((in)) of the ((district)) college if, in his or her opinion, an emergency condition beyond his or her control makes this closure advisable, and the public health, or property, or safety is jeopardized.

     ((In accordance with WAC 251-22-240, as amended by the higher education personnel board, April 6, 1981, Community College District 12 adopts the following suspended operation rules.))

[Statutory Authority: Chapters 28B.10 and 28B.50 RCW. 81-13-021 (Resolution No. 81-9), § 132L-26-010, filed 6/12/81; Order 77-30, § 132L-26-010, filed 9/1/77.]

[Order 77-30, § 132L-26-025, filed 9/1/77.]

[Statutory Authority: Chapters 28B.10 and 28B.50 RCW. 81-03-036 (Resolution No. 81-2), § 132L-26-030, filed 1/14/81; Order 77-30, § 132L-26-030, filed 9/1/77.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132L-26-035	Return to work.
WAC 132L-26-040	Voluntary staffing.
WAC 132L-26-050	Mandatory staffing.
WAC 132L-26-055	Temporary duties.
WAC 132L-26-060	Suspended operation procedures after fifteen days.
WAC 132L-26-065	Layoffs -- Conditions.
WAC 132L-26-070	Closure notification plan -- Recall plan.
WAC 132L-26-075	Option to recover time loss.
WAC 132L-26-080	Suspended operations -- Not a lock-out.

OTS-6970.1

AMENDATORY SECTION(Amending WSR 90-05-005, filed 2/9/90, effective 3/12/90)

WAC 132L-108-050   Brief adjudicative procedures.   This rule is adopted in accordance with RCW 34.05.482-494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

     (1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;

     (2) Challenges to contents of education records;

     (3) Student conduct proceedings in accordance with chapter 132L-120 WAC;

     (4) Parking and traffic violations in accordance with chapter 132L-117 WAC;

     (5) Outstanding debts owed by students or employees;

     (6) Loss of eligibility for participation in institution sponsored athletic events((, pursuant to chapter 132L-400 WAC)) in accordance with chapter 132L-120 WAC;

     (7) Appeals of admission decisions;

     (8) Appeals of library fines;

     (9) Appeals of denial of records requests;

     (10) Federal financial aid appeals as provided for by federal law.

[Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. 90-05-005, § 132L-108-050, filed 2/9/90, effective 3/12/90.]

[]

[]

OTS-6971.1

AMENDATORY SECTION(Amending Order A-4(90), filed 8/14/90, effective 9/14/90)

WAC 132L-117-010   Purpose for adopting parking and traffic regulations.   Pursuant to the authority granted RCW 28B.50.140(10), the board of trustees of ((Community)) Centralia College ((District 12)) is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by or maintained by the college. The board delegates this authority to the president. The objectives of these regulations are:

     (1) To protect and control pedestrian and vehicular traffic.

     (2) To assure access at all times for emergency traffic.

     (3) To minimize traffic disturbances during class hours.

     (4) To facilitate the work of the college by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all.

     (5) To regulate the use of parking spaces.

     (6) To protect state owned property.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-010, filed 8/14/90, effective 9/14/90.]

     (2) The traffic code of the city of Centralia shall apply upon all lands located within the city of Centralia.

     (3) The traffic code of the municipality within which any Centralia College controlled property resides shall apply.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-020, filed 8/14/90, effective 9/14/90.]

     (1) "Board": The board of trustees of ((Community)) Centralia College ((District 12)).

     (2) "Campus": All lands and buildings devoted to, operated by, or maintained by Centralia College((, District 12)).

     (3) (("Campus security officer": Employee of the college who is responsible to the dean of administration for campus traffic control, parking, security, and safety.

     (4))) "College": Centralia College((, District 12)).

     (((5) "Safety and security supervisor": The college's safety and security supervisor.

     (6))) (4) "Employee": An individual appointed to the faculty, staff, or administration of the college.

     (((7))) (5) "Guests/visitors": Person or persons who come upon the campus as guests and person or persons who lawfully visit the campus.

     (((8))) (6) "Continuing permits": Permits issued to full-time employees for an indefinite period of time.

     (((9))) (7) "Annual permits": Permits ((which)) that are valid from the date of issue until the first day of the following fall quarter.

     (((10))) (8) "Temporary permits": Permits ((which)) that are valid for a specific period designated on the permit.

     (((11))) (9) "Vehicle": Automobile, truck, motor-driven cycle, scooter or and vehicle otherwise powered.

     (((12))) (10) "Full-time student": Any person who is enrolled on campus for ten credit hours or more at the college.

     (((13))) (11) "Part-time student": Any person who is enrolled on campus for nine credit hours or ((less)) fewer at the college.

     (((14))) (12) "Full-time employee": An employee of the college employed twenty hours or more per week on a permanent regular basis.

     (((15))) (13) "Part-time employee": An employee of the college employed less than twenty hours per week.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-030, filed 8/14/90, effective 9/14/90.]

     (1a) When the vehicle is properly registered with the college.

     (1b) When a permanent or special parking permit is necessary to enhance the business or operation of the college.

     (2) Additional permits are available at the current fee schedule to individuals who may be registered to drive any one of several vehicles. Only one vehicle registered to an individual under one permit fee shall be permitted to park on campus at any one time.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-040, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-060, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-080, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-090, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-110, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-130, filed 8/14/90, effective 9/14/90.]

     (2) The ((dean of administration)) chief administrative officer, or designee shall be responsible for the enforcement of the regulations contained in this chapter.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-140, filed 8/14/90, effective 9/14/90.]

     (2) Such warning or citation may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-160, filed 8/14/90, effective 9/14/90.]

     (1) ((A schedule of fines shall be set by the board of trustees.)) The president shall set a schedule of fines. The schedule shall be published by the college in the College Policy Manual, on the parking permit request form, and ((traffic regulations and)) on the traffic parking citation form. In addition, the schedule is available upon request.

     (2) Fines will be assessed in accordance with the fees and fines schedules as established by the ((board of trustees)) president for the following violations:

     (a) No valid permit displayed

     (b) Visitor parking violations

     (c) Occupying more than one parking space

     (d) Occupying space/area not designated for parking

     (e) Handicapped parking violation

     (f) Parking in area not authorized by permit

     (g) Parking in reserved staff space without authorization

     (h) Blocking or obstructing traffic (may be towed ((if creating a safety hazard)) at owner's expense)

     (i) Parking adjacent to fire hydrant (may be towed ((if creating a safety hazard)) at owner's expense)

     (j) Parking in fire lane (may be towed ((if creating a safety hazard)) at owner's expense)

     (k) Parking in zone or area marked no parking

     (l) Other violations of college parking traffic regulations ((and its objectives)).

     (3) At the discretion of the ((dean of administration)) chief administrative officer, or designee, an accumulation of citations by a staff, administrator, or faculty member may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

     (4) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine and may be impounded and taken to such place for storage as the ((safety and security supervisor)) chief administrative officer, or designee, selects. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.

     (5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.

     (6) The college shall not be liable for loss or damage of any kind resulting from impounding and storage of vehicles.

     (7) Vehicles involved in violations of these regulations may be impounded as provided for in these regulations.

     (8) Persons may appeal the issuance of a citation according to WAC 132L-117-180.

     (9) In the event a person fails or refuses to pay an uncontested fine which has been outstanding in excess of five days, the ((dean of administration)) chief administrative officer, or designee, may initiate the following actions:

     (a) Student may not be able to obtain transcript of credits until all fines are paid.

     (b) ((Student may not receive a degree/diploma until all fines are paid.

     (c))) Students will not be able to register for subsequent quarters until all fines are paid.

     (c) Students may be turned over to a private collection agency for the collection of past due fines.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-170, filed 8/14/90, effective 9/14/90.]

     (2) Appeals must be submitted to the ((dean of students)) chief administrative officer within five days from date of citation.

     (3) If an appeal is not resolved to the satisfaction of the alleged violator, he/she shall have five additional days from receipt of decision by the ((dean of students)) chief administrative officer to appeal to the parking advisory committee.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-180, filed 8/14/90, effective 9/14/90.]

     (1) ((To review and recommend necessary changes to the college parking and traffic regulations annually.

     (2))) To receive and hear appeals related to parking and traffic violations. All decisions made by the parking ((advisory)) appeals committee relative to parking/traffic appeals shall be final.

     (((3))) (2) Membership shall consist of at least: ((Three)) Two student representatives, one faculty representative, one classified representative, and one administrator((, and the dean of administration - ex officio)). The chair will be appointed by the president.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-190, filed 8/14/90, effective 9/14/90.]

     (1) Special provisions shall be made for physically disabled employees, visitors, students, or their designee. Physically disabled individuals utilizing handicapped parking spaces must display in that vehicle a valid state issued disabled parking permit or license plate. ((Temporarily)) Temporary handicapped permits will be issued ((by the safety and security supervisor)). In addition to the ((disabled)) handicapped permit, valid college parking permits must be purchased and displayed on the vehicle.

     (2) Spaces specifically designated as "visitor" are to be used only by visitors driving vehicles without continuing or annual permits, for a maximum time period of 30 minutes. A temporary permit is not required. Visitors requiring parking for longer than 30 minutes may obtain a temporary permit ((at Central Services,)) and will park in ((normal)) undesignated spaces.

     (3) Parking spaces may be designated for special purposes as deemed necessary.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-210, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-230, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-240, filed 8/14/90, effective 9/14/90.]

     (2) When a sidewalk or crosswalk is provided, pedestrians shall proceed upon the sidewalk or crosswalk.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-250, filed 8/14/90, effective 9/14/90.]

     (2) Bicycles and other nonengine-powered cycles are to be parked in bicycle racks where provided. No person shall park a bicycle or other nonengine-powered cycle inside a building, by a doorway, on a path, sidewalk, walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-260, filed 8/14/90, effective 9/14/90.]

     (2) Other minor accidents may be reported to ((central services)) the chief administrative officer, or designee, for insurance record purposes.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-270, filed 8/14/90, effective 9/14/90.]

     (2) Vehicles parked over seventy-two hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

     (3) Notice of intent to impound will be posted on the vehicle and sent by registered mail to the legal owner forty-eight hours prior to impound.

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-280, filed 8/14/90, effective 9/14/90.]

[Statutory Authority: RCW 28B.50.140(10). 90-17-060 (Order A-4(90)), § 132L-117-290, filed 8/14/90, effective 9/14/90.]

OTS-6972.1

AMENDATORY SECTION(Amending WSR 00-07-113, filed 3/20/00, effective 4/20/00)

WAC 132L-120-080   Student responsibilities.   (1) Students who choose to attend Centralia College also choose to participate actively in the adult learning process offered by the college. As a process, learning is not a product or commodity that is bought and sold, but rather, is a relationship between teachers who are willing and competent to teach and learners who are willing and competent to learn. Therefore, the responsibility for learning is shared equally between students and faculty.

     (2) The college is responsible for providing its students with an educational environment rich in the high quality resources needed by students to attain their individual educational goals. In return, students are responsible for making themselves aware of the full breadth of the resources available, for the timely choosing and appropriate use of those resources, and for the specific behavioral tasks necessary for attaining desired learning outcomes. Examples of specific student responsibilities are:

     (a) To know and adhere to the college's policies, practices, and procedures;

     (b) To participate actively in the learning process, both in and out of the classroom;

     (c) To seek timely assistance in meeting educational goals;

     (d) To attend all class sessions;

     (e) To participate in class activities;

     (f) To participate actively in the advising process;

     (g) To develop skills required for learning, e.g., basic skills, time management, motivation, study skills, and openness to the educational process;

     (h) To assume final responsibility for the selection of appropriate educational goals;

     (i) To assume final authority for the selection of courses appropriate for meeting chosen educational goals;

     (j) To seek out and use campus resources; and

     (k) To contribute towards improving the college.

     (3) Any student is subject to these rules, independent of any other status the individual may have with the college. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the college in addition to that of student.

     (4) The college recognizes a responsibility to resolve behavioral problems before they escalate into serious problems. Therefore, the chief judicial affairs officer shall seek the assistance of other college departments or offices in investigating student behavioral problems. The chief judicial affairs officer will be as proactive as is possible concerning the resolution of student behavioral problems and use reasonable arbitration and conflict resolution methods in order to prevent such problems from escalating. The chief judicial affairs officer may seek and authorize settlements involving disputes related to student conduct when such settlements will better serve the college's broader interests.

     (5) Students are expected to obey all college rules and regulations and obey the law. Any student shall be subject to disciplinary action as provided for in this code who, either as a principal actor, aider, abettor, or accomplice violates any local, state, or federal law, interferes with the personal rights or privileges of others or the educational process of the college; violates any provision of this code; or commits any of the following prohibited actions. The standard of conduct as listed below should be interpreted by students as general notice of prohibited conduct. They should be read broadly, and are not designed to define misconduct in exhaustive terms:

     (a) Assault, intimidation, or interference.

     (b) Disorderly, disruptive, or abusive conduct: Disorderly, disruptive, or abusive behavior that interferes with the rights of others or which obstructs or disrupts teaching, learning, research, or administrative functions. Such conduct includes, but is not limited to: Interference with any speaker or audience; blocking or impeding pedestrian or vehicular traffic; blocking access to or from campus buildings or offices; and activities of observers or participants that disrupt classes, meetings, office or business activities, or any other normal functions of the college.

     (c) Failure to follow instructions: Inattentiveness, inability, or failure of student to follow the reasonable instructions of any college employee acting within his or her professional responsibility; refusal to comply with any lawful order to leave the college campus or any portion thereof.

     (d) Illegal assembly, obstruction, or disruption: Any assembly or other act which 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.

     (e) False complaint: Filing a formal complaint falsely accusing another student with violating a provision of this code or falsely accusing a college employee of a misdeed. Also includes making any intentional false claim, charge, or statement against any member of the college community to harass, defame, or intimidate that individual.

     (f) False alarms: 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. This includes reporting any type of emergency known to be false.

     (g) Sexual harassment: Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or because of the sex of the recipient, where such behavior offends the recipient or a third party, causes discomfort or humiliation, creates an intimidating, offensive, or hostile work or classroom environment that interferes with job or school performance.

     (h) Racial harassment: Engaging in verbal, written, or physical conduct relating to a person's race or color when the harassing conduct is sufficiently severe, persistent, or pervasive that it affects a person's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening, abusive, or otherwise hostile educational or work environment; or the harassing conduct has the purpose or effect of substantially or unreasonably interfering with a person's academic or work performance; or the harassing conduct otherwise adversely affects an individual's learning opportunities or employment opportunities. A hostile environment may be created by behaviors such as, but not necessarily limited to:

     (i) Intimidation and implied or overt threats of physical violence motivated by race, color, or national origin;

     (ii) Physical acts of aggression or assault upon another, or damage to another's property that is motivated by the individual's race, color, or national origin;

     (iii) Depending on the circumstances and context, demeaning racial jokes, taunting, racial slurs, and derogatory racial "nicknames," innuendoes, or other negative or derogatory remarks of a racial nature or relating to national origin;

     (iv) Depending on the circumstances and context, graffiti and/or slogans or visual displays such as cartoons or posters depicting racial/ethnic slurs or racially/ethnically derogatory sentiments;

     (v) Criminal offenses directed at persons because of their race or national origin.

     (i) Furnishing false or incomplete information: The submission of information known to be false or incomplete to any college official. This includes, but is not limited to, providing false or incomplete information during an investigation, or before any student or employee disciplinary, grievance, or tenure process or hearing, or on any college document or form, or to any college employee or agent requesting information as part of their official duties and responsibilities.

     (j) Intimidation of witnesses: Threatening or otherwise placing undue emotional pressure on any witness or potential witness during an investigation or informal or formal college hearing.

     (k) Destruction of evidence: Knowingly destroying any evidence that could be used during an investigation or informal or formal college hearing for the purpose of denying its use as part of the investigation or hearing.

     (l) Sexual assault: Any type of sexual assault in any form, including acquaintance rape and other forced and/or nonconsensual sexual activity.

     (m) Physical or emotional abuse: Actual or attempted physical or emotional abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally or recklessly causes a reasonable apprehension of harm to any person.

     (n) Harassment: Behavior of any sort or any malicious act which serves no legitimate or legal purpose which causes harm to any person's physical or mental well-being. Includes intentionally and repeatedly following or contacting another person by any means in a manner that alarms, annoys, intimidates, harasses, causes substantial emotional distress, causes fear for personal safety or property, or is detrimental to that person or that would cause any of these reactions in a reasonable person. A warning that the behavior is unwanted is not required if a reasonable person would have known that the behavior in question was more likely than not to result in any of the above reactions in another reasonable person and no legitimate or legal purpose is evident.

     (o) Threat: Conduct intended to threaten bodily harm, damage to property, or to endanger the health or safety of any person on the college campus. Includes behavior that involves an expressed or implied threat to interfere with an individual's personal safety, academic efforts, employment, or participation in college activities and causes the person to have a reasonable apprehension that such interference is about to occur.

     (p) Reckless conduct: Recklessly engaging in conduct which creates a substantial risk of physical harm to either one's self or another person.

     (q) Incitement: Intentionally inciting others to engage immediately in any unlawful activity, which incitement leads directly to such conduct.

     (r) Undue noise: Unauthorized creation of noise in such a way as to interfere with college functions or using sound amplification equipment in a loud and raucous manner.

     (s) Aiding or abetting misconduct: Aiding, assisting, abetting, or serving as an accomplice in the commission of any illegal act or any act prohibited by this code.

     (t) Failure to cooperate with an investigation: Failure to cooperate with any lawful investigation of any conduct violation when such investigation is carried out by any college employee acting within the scope of their responsibilities; failure to cooperate with an investigation of any conduct violation, or interference with a proper investigation of any conduct violation by withholding evidence, encouraging or threatening another to withhold evidence.

     (u) Theft or robbery: Theft of the property of the district or of another; actual or attempted theft of property or services belonging to the college, any member of its community, or any campus visitor; includes knowingly possessing stolen property.

     (v) Malicious mischief: Intentional or negligent damage to or destruction of any college facility or other public or private real or personal property.

     (w) Unauthorized use of college equipment and supplies: Using college equipment or supplies for personal gain or use without proper authority.

     (x) Unauthorized entry, access, or presence: Unauthorized entry, access, or presence upon the property of the college or into a college facility or portion thereof which has been reserved, restricted in use, or placed off limits; unauthorized presence in any college facility or office at any time; or unauthorized possession or use of a key, access code, or password to any college facility or system. Unauthorized entry, access, or presence also applies to unauthorized access to any college, student, or staff data base, computer system, telephone system, or information system.

     (y) Computer, telephone, or electronic technology violation: Conduct that violates college published policies on computer, telephone, or electronic technology use. This includes the use of any college computer, computer system, telephone system, information system, or other electronic technology to violate any local, state, or federal law.

     (z) Cheating, fabrication, facilitating academic dishonesty, multiple submission, and plagiarism. Cheating is intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. The term academic exercise includes all form of work submitted for credit or hours. Fabrication is the intentional and unauthorized falsification or invention of any information or citation in an academic exercise. Facilitating academic dishonesty is intentionally or knowingly helping or attempting to help another to violate a provision of this section of the discipline code. Multiple submission includes submitting the same or substantially the same paper or oral report in more than one course without the instructor's permission in the later course(s). Plagiarism is the deliberate adoption or reproduction of ideas or words or statements of another person as one's own without acknowledgment.

     (aa) Forgery or alteration of records: Forging or tendering any forged records or instruments of any district record or instrument to an employee or agent of the college.

     (bb) Refusal to provide identification in appropriate circumstances: Refusal to provide positive identification (e.g., valid driver's license, student identification card, or state identification card) in appropriate circumstances to any college employee in the lawful discharge of said employee's duties.

     (cc) Smoking: Smoking in any classroom or laboratory, the library, or in any college facility or office posted "no smoking" or in any area of the campus posted "no smoking."

     (dd) Controlled substances: Using, possessing, being demonstrably under the influence of, or selling any narcotic or controlled substance or legend drugs including anabolic steroids, except when the use or possession of a drug is specifically prescribed as medication by an authorized health care provider licensed by law to prescribe the said medication.

     (ee) Alcoholic beverages: Being demonstrably under the influence of any form of alcoholic beverage. Possessing or consuming any form of alcoholic beverage on college property or any college-controlled facility or at any college activity, program, or event, with the exception of sanctioned events, approved by the president or his or her designee.

     (ff) Violation of college policy: Violation of clearly stated proscriptions in any published college policy, rule, or regulation.

     (gg) Ethics violation: The breech of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular trade, skill, craft, or profession for which the student is taking courses or is pursuing as their educational goal or major. These ethics codes must be distributed to students as part of an educational program, course, or sequence of courses and the student must be informed that a violation of such ethics codes may subject the student to disciplinary action by the college.

     (hh) Hazing: Conspiracy to engage in hazing or participation in hazing another. Hazing shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group, that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm to any student or other person attending Centralia College. Consent is no defense to hazing. The term does not include customary athletic events or other similar contests or competitions. Hazing is also a misdemeanor, punishable under state law.

     (ii) Initiation violation: Conduct associated with initiation into a student organization, association, or living group, or any pastime or amusement engaged in with respect to an organization, association, or living group not amounting to a violation of under the definition of hazing. Conduct covered by this definition may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation. Consent is no defense to initiation violation.

     (jj) Prohibition of animals: No student may bring into or allow any animal, with the exception of service animals, to enter any college owned or controlled facility. All dogs on campus shall be under direct physical control, leashed by their owner or custodian.

     (kk) Misuse of student identification: Includes, but is not limited to, alteration of validly issued identification in any manner; use of, or allowing use of, identification by a person other than the one for whom the identification was issued; or use of counterfeit student identification.

     (ll) Other misconduct: Any other conduct or action in which the college can demonstrate a clear and distinct interest and which threatens the educational process or any other legitimate function of the college or the health or safety of any member of the college community or visitor.

     (mm) Failure to comply with the following regulations governing firearms and weapons:

     (i) It shall be the policy of the college that carrying, exhibiting, displaying, or drawing any weapon or weapon facsimile, such as a gun or firearm, dagger, sword, knife, or any other cutting or stabbing instrument or club or any other weapons apparently capable of producing bodily harm and/or property damage is prohibited, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for safety of other persons is prohibited.

     (ii) Explosives, incendiary devices, or any similar device, object, or product is prohibited.

     (iii) The above regulations shall not apply to equipment or material owned, used, or maintained by the college; nor will they apply to law enforcement officers.

     (nn) Gambling: Any form of gambling is prohibited.

     (oo) Lewd conduct: Engaging in lewd, indecent, or obscene behavior as defined by applicable law is prohibited.

     (pp) Bicycling and skating: All persons using bicycles, skates or other similar nonpowered conveyances or vehicles shall do so in a manner that does not endanger the health, safety or welfare of themselves or others, and that does not unduly interfere with pedestrians, cause damage, block or impede access, create noise or distraction that interferes with the learning environment, or in any manner that interferes with the rights of others.

     (qq) Skateboarding: No skateboarding shall be allowed on or in any Centralia College owned or controlled campus or facility.

     (6) The college will consider as an aggravating factor in determining sanctions any violation of law or of this student code in which it can be shown that the accused intentionally selected the person or target of the violation based upon race, religion, color, disability, sexual orientation, national origin, or ancestry, and therefore may impose harsher or additional sanctions and penalties.

     (7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of various cities, municipalities, counties, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the college.

[Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-080, filed 3/20/00, effective 4/20/00.]

     (1) The college judicial board will be composed of the following nine members:

     (a) A chair will be designated by the president of the college and shall continue in office until the person resigns or is recalled by the president. It is the responsibility of the chair to ensure that all procedural guidelines specified in this code and the Administrative Procedure Act are followed, to call the judicial board into session, to preside at all meetings and hearings of the committee, to take whatever steps are necessary during the hearing itself to ensure that the hearing is conducted in a safe and orderly manner, to advise the members of the committee concerning precedents and guidelines affecting the individual case, and to inform the student in writing of the action taken by the college judicial board following the hearing.

     (b) Two full-time tenured faculty members appointed by the ((faculty representative)) vice-president, instruction. Two alternates shall be appointed to serve in the event that appointees are unable to serve or complete their term. The committee members shall serve for two-year terms. Terms shall begin with the first day of fall quarter and shall include summer quarter. One-year terms may be appointed to stagger experience on the judicial board.

     (c) Two student representatives enrolled in a minimum of six credits in good standing shall be chosen by the ASCC in such manner as the members thereof shall determine. Two alternates shall be appointed to serve in the event that members are unable to serve or complete their term. The committee members shall serve for two-year terms. Terms shall begin with the first day of fall quarter and shall include summer quarter. One-year terms may be appointed to stagger experience on the judicial board.

     (d) Two exempt members appointed by the exempt representative. Two alternates shall be appointed to serve in the event that appointees are unable to serve or complete their term. The committee members shall serve for two-year terms. Terms shall begin with the first day of fall quarter and shall include summer quarter. One-year terms may be appointed to stagger experience on the judicial board.

     (e) Two classified staff members appointed by the classified staff representative. Two alternates shall be appointed to serve in the event that appointees are unable to serve or complete their term. The committee members shall serve for two-year terms. Terms shall begin with the first day of fall quarter and shall include summer quarter. One-year terms may be appointed to stagger experience on the judicial board.

     (2) The judicial board shall be convened by the chief judicial affairs officer during the first four weeks of fall quarter to discuss these rules and receive training. Other meetings may be held as determined by the chairperson or requested by the committee members.

     (3) Faculty or student members may be excused from service for the entire year, for a particular period, or for a particular case. If any member of the judicial board is unable to consider the matters raised in a particular hearing for any reason, (including, but not limited to, conflict of interest and matters of conscience or related reasons), such member(s) shall abstain from participation. Replacement of excused members shall be made from respective alternate panels.

     (4) A quorum is required to conduct a disciplinary hearing. In addition to the chair, at least one faculty member, one student, one classified staff, and one exempt member are required for a quorum.

     (5) If a quorum cannot be formed because of the nonavailability of members, e.g., summer quarter, break, excused absence, or other reasons, the president may appoint an ad hoc judicial board with the same composition as the regular judicial board, including the temporary appointment of a chair.

[Statutory Authority: RCW 28B.50.140. 00-07-113, § 132L-120-130, filed 3/20/00, effective 4/20/00.]

OTS-6973.1

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     (2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before the administrator designated in the notice. The proceeding must be requested within ten business days of the date of mailing of the notification of refusal to provide services.

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OTS-6974.1

AMENDATORY SECTION(Amending Order A-1(93), filed 6/15/93, effective 7/16/93)

WAC 132L-133-020   Organization -- Operation -- Information.   (a) Organization. Centralia College is established in Title 28B RCW as a public institution of higher education. ((The institution is governed by a five-member board of trustees, appointed by the governor.)) A five-member board of trustees, appointed by the governor, governs the institution. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

     (b) Operation. The administrative office is located at the following address: (([Hanson])) Hanson Administration Building, Corner of Walnut and Rock Streets. The mailing address is 600 West Locust, Centralia, WA 98531-4099.

     The (([office] [operating])) operating hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays (([for fall, winter and spring quarters (approximately September 1 through June 15). Summer hours (approximately June 16 through August 31) are 7:30 a.m. to 5:00 p.m. Monday through Thursday, and 7:30 a.m. to 11:30 a.m. on Friday, except holidays])) for fall, winter and spring quarters (approximately September 1 through June 15). Summer hours (approximately June 16 through August 31) are 7:30 a.m. to 5:00 p.m. Monday through Thursday, and 7:30 a.m. to 11:30 a.m. on Friday, except holidays. Educational operations are (([also])) located at the following addresses: 600 West Locust, Centralia(([;] [and] East County Center)) and Centralia College East, 701 Airport Way, Morton(([; and Tenino])).

     (c) Additional and detailed information concerning the educational offerings may be obtained from the catalog, copies of which are available at the following address: Admissions Office, 600 West Locust, Centralia, WA 98531-4099.

[Statutory Authority: RCW 28B.50.090(10). 93-13-050 (Order A-1(93)), § 132L-133-020, filed 6/15/93, effective 7/16/93. Statutory Authority: RCW 28B.50.140(13), 34.05.220 and 34.05.250. 90-05-005, § 132L-133-020, filed 2/9/90, effective 3/12/90.]

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OTS-6975.1

AMENDATORY SECTION(Amending Order 74-18, filed 3/19/74)

WAC 132L-136-020   General policy.   ((Community)) Centralia College ((District #12)) is an educational institution provided and maintained by the people of the state. Its campuses, buildings, properties, and facilities shall be reserved at all times for those activities ((which)) that are related to its broad educational objectives and goals. ((However, the facilities, when not required for scheduled district use, are available for rental by the public in accordance with specified fee schedules and other regulations and procedures for such use.)) Access to college-owned or college-controlled buildings, offices, classrooms, and facilities is granted only to conduct official business. Attempting to enter, entering, or remaining in such buildings, offices, classrooms, or facilities without legitimate purpose is prohibited. The main thoroughfares of any of the college's campuses are open to the general public during normal business and class hours. After normal business and class hours, the campus shall be closed to the public. The general public, and all guests or visitors to any college-owned or college-controlled property shall conform to all municipal, state and federal laws and statutes. In addition, the public, guests, and visitors shall be subject to all of the applicable provisions of chapter 132L-120 WAC, Student rights and responsibilities code.

[Order 74-18, § 132L-136-020, filed 3/19/74.]

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[Order 74-18, § 132L-136-030, filed 3/19/74.]

     (2) Members of the ((district)) college community (students, faculty, or staff) who do not comply with these regulations will be reported to the appropriate ((district)) college office for action in ((accord)) accordance with established ((district)) college policies.

[Order 74-18, § 132L-136-040, filed 3/19/74.]

[Order 74-18, § 132L-136-050, filed 3/19/74.]

     ((1. Community)) (1) Centralia College ((District #12)) scheduled programs and activities.

     ((2. Community)) (2) Centralia College ((District #12)) related activities, recognized college organizations, and those public or private agencies, whose purpose relate to the advancement of ((District #12)) Centralia College programs, and/or sponsored activities.

     ((3.)) (3) Nonprofit organizations that are nonsectarian, nonpolitical, and noncommercial:

     ((a.)) (a) Public education groups that would be engaging in activities serving public education goals and objectives, and

     ((b.)) (b) Other than public education groups or organizations,

     (((1))) (i) That would be engaging in activities that serve governmentally supported objectives, or

     (((2))) (ii) That would be engaging in activities related to community improvement objectives, or

     (((3))) (iii) That would be engaging in activities related to the organization's goals and objectives.

     ((4. Private organizations and those organizations of a religious or sectarian, political or commercial nature requesting facilities on an emergency basis.

     5.)) (iv) Other organizations or groups.

[Order 74-18, § 132L-136-060, filed 3/19/74.]

     ((2. District)) (2) College facilities may not be used for commercial sales, advertising, or promotional activities except when such activities serve educational purposes of the ((district)) college and are conducted under the sponsorship of a ((district)) college department of office.

     ((3.)) (3) Each group or organization which uses ((district)) college facilities must abide by the ((regulations)) policies and procedures ((of)) for use as determined by the board of trustees and/or the ((district)) college president and shall be subject to revocation of their privilege to use the facilities for failing to do so.

     ((4.)) (4) The administration reserves the right to deny or cancel the use of facilities when such use or meeting may in any way be prejudicial to the best interests of the ((district)) college.

[Order 74-18, § 132L-136-070, filed 3/19/74.]

     ((1.)) (1) Direct charges: Will include charges for utilities (heat, light, etc.), security, and custodial services.

     ((2.)) (2) Special charges: Will include charges for use of audio-visual or television equipment and operator; for law enforcement services, and/or any other similar kind of expenses incurred.

     ((3.)) (3) Rental charges: Will include charges (depreciation, overhead costs, amortization, etc.) for use of facilities.

     ((4.)) (4) Damage charges: Will include charges to defray any expense for the repair or replacement of damaged property or equipment incurred as a result of a rental agreement.

[Order 74-18, § 132L-136-080, filed 3/19/74.]

     The following section of the Washington Administrative Code is recodified as follows:

Old WAC Number	New WAC Number
132L-136-020	132L-136-011

OTS-6976.1

AMENDATORY SECTION(Amending Order 77-3, filed 3/30/77)

WAC 132L-140-010   Environmental protection policy.   It shall be the policy of ((Community)) Centralia College ((District 12)) that capital projects proposed and developed by the ((district)) college shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter ((197-10)) 197-11 WAC, WAC guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

[Order 77-3, § 132L-140-010, filed 3/30/77.]

[Statutory Authority: Chapters 28B.50, 28B.19 and 28B.52 RCW. 85-18-056 (Order 85-1, Motion No. 85-56), § 132L-140-020, filed 9/3/85; 83-17-022 (Order 83-2, Motion No. 83-50), § 132L-140-020, filed 8/9/83; Order 77-3, § 132L-140-020, filed 3/30/77.]

     The following section of the Washington Administrative Code is repealed:

WAC 132L-140-030

SEPA information center.

OTS-6977.1

AMENDATORY SECTION(Amending Order 73-20, filed 5/18/73)

WAC 132L-276-010   Purpose.   The purpose of this chapter shall be to ensure compliance by ((the Community College District No. 12)) Centralia College with the provisions of chapter ((1, Laws of 1973 (Initiative 276), Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with sections 25-32 of that act, dealing with public records)) 42.17 RCW.

[Order 73-20, § 132L-276-010, filed 5/18/73.]

     (2) Writing. "Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents."

     (((3) Community College District No. 12. The Community College District No. 12 is an agency organized by statute pursuant to RCW 28B.50.040. The Community College District No. 12 shall hereinafter be referred to as the "district" and including the two institutions known as Centralia College and Olympia Vocational Technical Institute. Where appropriate, the term district also refers to the staff, the board of trustees, and the employees of the district on both campuses.))

[Order 73-20, § 132L-276-020, filed 5/18/73.]

[Order 73-20, § 132L-276-050, filed 5/18/73.]

[Order 73-20, § 132L-276-060, filed 5/18/73.]

[Order 73-20, § 132L-276-070, filed 5/18/73.]

     (1) A request shall be made in writing upon a form prescribed by the ((district)) college, which shall be available at ((its administrative)) the office ((on the appropriate campus)) outlined in WAC 132L-276-050. The form shall be presented to the public records officer and/or his designee((s)), at the ((administrative office on the appropriate campus)) Hanson Administrative Building during customary office hours. ((The request shall include the following information:

     (a) The name of the person requesting the record;

     (b) The time of day and calendar date on which the request was made;

     (c) The nature of the request;

     (d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;

     (e) If the requested matter is not identifiable by reference to the district's current index, an appropriate description of the record requested.))

     (2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer and/or his or her designee((s)), to assist the member of the public in appropriately identifying the public record requested.

     (3) The public records officer and/or his or her designee to whom the request is presented shall, ((by the close of that business day, if the request is presented before noon, or noon the following business day if the request is presented in the afternoon,)) within five business days after the day of request:

     (a) Make the requested document available, or

     (b) State that such a document does not exist, or

     (c) Ask for clarification of the document requested, or

     (d) Deny access because the document is exempt from public inspection under chapter 42.17 RCW, WAC 132L-276-050, and 132L-276-100.

     (4) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine if the information requested is exempt.

     (5) If the intent of the request is not clear, the public records officer may request clarification from the requestor. The public records officer does not need to respond to the request if the requestor fails to clarify the request.

[Order 73-20, § 132L-276-080, filed 5/18/73.]

     (2) Copies shall be made at Centralia College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132L-276-090. The public records officer or designee of Centralia College shall make the copies.

[Order 73-20, § 132L-276-090, filed 5/18/73.]

     (2) In addition, pursuant to ((section 26, chapter 1, Laws of 1973)) chapter 42.17 RCW, the ((district)) college reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter ((1, Laws of 1973)) 42.17 RCW. The college also reserves the right not to disclose records consistent with specific exemptions identified in chapter 42.17 RCW. The public records officer and/or his designee will fully justify such deletion in writing.

     (3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Order 73-20, § 132L-276-100, filed 5/18/73.]

     (2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his designee denying the request shall refer it to the district president. The ((district)) college president or his or her designee shall immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision, within ((two)) five business days following the original denial.

     (3) Administrative remedies shall not be considered exhausted until the ((district)) college has returned the petition with a decision or until the close of the ((second)) fifth business day following denial of inspection, whichever occurs first.

[Order 73-20, § 132L-276-110, filed 5/18/73.]

     (4) Boisterous or otherwise disruptive conduct by those requesting public records of Centralia College shall not be permitted.

[Order 73-20, § 132L-276-120, filed 5/18/73.]

     (h) Board of trustees' minutes and reports)) January 1, 1973, which are deemed by Centralia College to fall within the purview of RCW 42.17.260 and WAC 132L-276-020.

     (2) Availability. The current index promulgated by the ((district)) college shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

[Order 73-20, § 132L-276-130, filed 5/18/73.]

[Order 73-20, § 132L-276-140, filed 5/18/73.]

[Order 73-20, Appendix A (codified as WAC 132L-276-900), filed 5/18/73.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132L-276-030	Description of central and field organization of Community College District No. 12.
WAC 132L-276-040	Operations and procedures.

OTS-6978.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 132L-280-010	General policy.
WAC 132L-280-015	Definitions.
WAC 132L-280-020	Annual notification of rights.
WAC 132L-280-030	Procedure to inspect education records.
WAC 132L-280-040	Disclosure of education records.
WAC 132L-280-050	Limits on rights to review and inspect and obtain copies of education records.
WAC 132L-280-060	Record of request and disclosures.
WAC 132L-280-070	Disclosure of directory information.
WAC 132L-280-080	Requests for corrections, hearings, adding statements to education records.
WAC 132L-280-090	Fees for copies.
WAC 132L-280-100	Waiver.
WAC 132L-280-110	Type and location of education records.
WAC 132L-280-120	Remedy for students protected by this act.

OTS-6979.1

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     (1) All persons covered by this policy are encouraged to discuss the matter with the appropriate administrator. The complaint may be concluded by mutual consent at this point. The administrator must submit a brief description of the facts to the equal opportunity officer of the college for maintaining a confidential record.

     (2) As an alternative to subsection (1) of this section or, if subsection (1) of this section fails, the complainant may consult informally with the equal opportunity officer, if the complaint is about an employee, or with the chief student judicial affairs officer, if the complaint is about a student. The equal opportunity officer or chief student judicial affairs officer will provide advice and intervention in confidence, where appropriate.

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     (2) If the investigating officer determines that corrective action is needed, that officer will initiate discussions with the appropriate administrator to resolve the complaint. A formal investigation can be terminated at any time should a satisfactory resolution be reached before a written finding is made.

     (3) Upon completion of the investigation, the investigating officer will notify in writing the complainant and the appropriate administrator of the findings and recommendations.

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OTS-6980.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 132L-400-010	Grounds for ineligibility.
WAC 132L-400-020	Suspension procedure -- Right to informal hearing.
WAC 132L-400-030	Hearing.
WAC 132L-400-040	Decision.

© Washington State Code Reviser's Office