WSR 17-10-009

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 21, 2017, 8:40 a.m.]

Subject of Possible Rule Making: Amending chapter 132R-04 WAC, Student conduct code.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On December 1, 2016, the court of appeals of the state of Washington Division III filed an opinion regarding full adjudicative proceedings required by the Washington Administrative Procedure Act (APA), chapter 34.05 RCW in the Arishi v. Washington State University case (No. 33306-0-III). Big Bend Community College (BBCC) currently provides a full adjudicative process in situations where a student is alleged to have violated the standards of conduct for students and suspension of more than ten instructional days or dismissal/expulsion might be a result and also for all allegations of student sexual misconduct; however, BBCC will provide additional clarification regarding the adjudicative process and incorporate language from the APA and model rules of procedure (chapter 10-08 WAC) in its student conduct code WAC to ensure compliance with the court of appeals decision. Further clarification regarding the equal rights of a complainant in sexually violent conduct complaints will also be added for compliance with Title IX guidance from the United States Department of Education's Office for Civil Rights. Finally, clarification will be provided to the language throughout this chapter to improve readability and organization in general.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: All other Washington community and technical colleges under the jurisdiction of the Washington state board for community and technical colleges regulate student conduct through separate student codes of conduct. No coordination is necessary with other agencies since each student conduct code is specific to each college.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. BBCC welcomes employees, students, donors, and the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, BBCC will file with the office of the code reviser a notice of proposed rule making with the formal text. A copy of the proposal will be posted on the BBCC internet site www.bigbend.edu. Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dawna Haynes, 7662 Chanute Street N.E., Moses Lake, WA, dawnah@bigbend.edu.

April 21, 2017

Melinda Dourte

Executive Assistant

to the President