Date of Adoption: May 23, 2001.

     Purpose: Adopt rules, chapter 132W-125 WAC, Withholding services for outstanding debt; chapter 132W-105 WAC, Board of trustees; chapter 132W-109 WAC, Practice and procedure; chapter 132W-112 WAC, Student rights and freedoms; chapter 132W-115 WAC, Student code of conduct and discipline procedure; chapter 132W-117 WAC, Parking and traffic; chapter 132W-277 WAC, Public records; and chapter 132W-325 WAC, Environmental protection.

     Statutory Authority for Adoption: Chapter 28B.50 RCW.

      Adopted under notice filed as WSR 01-07-058 on March 19, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 98, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 98, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 23, 2001

William Martin

Dean of Administrative Services

Rules Coordinator

Chapter 132W-109 WAC

PRACTICE AND PROCEDURE
NEW SECTION
WAC 132W-109-010   Formal hearing policy.   The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this college. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules now or previously adopted by this college, the model rules prevail.

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     Application forms are available at the following address:

     Wenatchee Valley College

     1300 5th Street

     Wenatchee, WA 98801

     Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

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     (1) Residency determinations;

     (2) Challenges to contents of education records;

     (3) Student conduct proceedings;

     (4) Parking violations;

     (5) Outstanding debts owed by students or employees;

     (6) Loss of eligibility for participation in college-sponsored events.

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Chapter 132W-112

STUDENTS RIGHTS AND FREEDOMS
NEW SECTION
WAC 132W-112-001   Policy.   Wenatchee Valley College shall admit all individuals who qualify according to current admission requirements. The College, in compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, The Americans with Disabilities Act, and other applicable laws and regulations, does not discriminate on the basis of race, creed, religion, color, national origin, sexual orientation, mental or physical handicaps, age, or gender in any of its policies, practices, or procedures. This includes, but is not limited to, admissions, employment, financial aid, and educational services, programs, and activities.

     Admissions under the Running Start program are subject to the rules and regulations of the Office of the Superintendent of Public Instruction, the State Board for Community and Technical Colleges, and the Higher Education Coordinating Board. Curriculum offerings shall be provided to meet the educational and training needs of the community. All students, regardless of their courses of study, shall be considered, known, and recognized equally as members of the student body.

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     (1) Student performance shall be evaluated solely on an academic basis (which may include attendance), not on the opinions or conduct in matters unrelated to academic standards.

     (2) Students are expected to attend classes for which they are registered. When absence occurs because of illness or other urgent reasons, including hazardous weather conditions, it is the obligation of the student to COMPLETE makeup work deemed necessary by the instructor

     (3) Students shall have the right to appeal their academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.

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     (1) Non-students may distribute legal and noncommercial materials on campus in open areas and outside entrances to building so long as such distribution does not interfere with college affairs, scheduled programs and activities, or the free flow of traffic. Material may not be placed on or in automobiles. Inside distribution of materials by non-students must have prior approval of the president or a designee.

     (2) The college reserves the right at all times to judge each event or activity separately and to regulate the distribution of materials in terms of time, place and manner by furnishing reasonable notice to interested parties.

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     (1) Students and members of the public are guaranteed the rights of free inquiry, expression, and assembly on the outdoor College facilities that are generally open and available to the public.

     (2) Any recognized ASWVC organization may utilize available college facilities for authorized activities as provided for in official ASWVC documents. Facilities will be provided free of charge to the organization except when such use necessitates staffing and services beyond regular college requirements. Standard college fees will be charged in these cases. Use of facilities for purposes other than those approved or in an irresponsible manner may result in withdrawal of this privilege for an organization. Student organizations should schedule the facility use request with the dean of student programs through the ASWVC activity council three (3) days in advance of an event whenever possible.

     (3) Modes of expression or assembly that are manifestly unreasonable or disruptive in terms of time, place, or manner may be restricted. Students and members of the public must ensure that assemblies are conducted in an orderly manner;

     a) Do not unreasonably interfere with classes, scheduled meetings or ceremonies, or regular functions of the College;

     b) Do not unreasonably interfere with pedestrian or vehicular traffic; or

     c) Do not cause destruction or damage to College property, including library materials, or private property on College facilities

     (4) Assemblies that violate these rules may be ordered to disperse by the College in accordance with Washington State statutes

     (5) A non-student who violates any provision of the rule may be required to leave the campus or section of campus or facility and/or be referred to civilian authorities for criminal prosecution.

     (6) A student, student group, or student organization that violates any provision of the rule may be subject to disciplinary action in accordance with this code. This may also include criminal prosecution.

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     (1) Faculty members may invite speakers to make presentations to classes on topics related to materials being studied.

     (2) Faculty organizations may schedule speakers for appearances before faculty groups subject to the normal constraints imposed by consideration of the laws of the United States and the state of Washington.

     (3) The appearance of an invited speaker on the campus does not involve an endorsement, either implicit or explicit, of his views by this college, its students, its faculty, its administration or its board of trustees.

     (4) The college may require and arrange to have views other than those of the invited speaker represented at the meeting, or at a subsequent meeting. The president may, at his discretion, assign a representative to preside over any meeting where a speaker has been invited.

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Chapter 132W-115 WAC

CODE OF STUDENT CONDUCT
NEW SECTION
WAC 132W-115-010   Purpose of the disciplinary system.   This Code of Student Conduct protects the unique, diverse community of Wenatchee Valley College. Admission to the college carries with it an expectation that the student will obey appropriate laws, will comply with the policies and procedures of the college, and will maintain a high standard of integrity and honesty. If a student does not accept these responsibilities, corrective action must be taken. The college will impose and carry out sanctions for conduct that interferes with the operation of college. The college may impose sanctions independently of any action taken by civil or criminal authorities. In the case of minors, misconduct may be referred to parents or legal guardians.

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     The board of trustees, acting pursuant to RCW 28B.50.140(14), has delegated by written order to the president of the college the authority to administer disciplinary action. Pursuant to this authority, the president, or designee, shall be responsible for the administration of the disciplinary procedures provided for herein. However, the president or acting president shall review all disciplinary action in which there is a recommendation that a student be suspended or dismissed.

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     Definitions. When used in the code:

     (1) The term "aggravated violation" means a violation that resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal college or college-sponsored activities.

     (2) The term "group" means persons who are associated with each other but who have not complied with college requirements for registration or organization.

     (3) The terms "institution" and "college" mean Wenatchee Valley College and all of its areas, elements, and programs.

     (4) The term "reckless" means conduct that one should reasonably be expected to know would create a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal college operations and/or college-sponsored activities.

     (5) The term "student" means any person who is enrolled at the college and for whom the college maintains current educational records, as defined by the Family Rights and Privacy Act of 1974, and related regulations.

     (6) The term "college facilities" means buildings or grounds owned, leased, operated, controlled, or supervised by the college, including all appurtenances affixed thereon or attached thereto.

     (7) "Board" means the board of trustees of Wenatchee Valley College.

     (8) "Liquor" means the definition of liquor as contained within RCW 66.04.010

     (9) "Drugs" means a narcotic drug as defined in RCW 69.50.101, a controlled substance as defined in RCW 69.50.201 through 69.50.212, or a legend drug as defined in RCW 69.41.010..

     (10) "President" means the chief executive officer of the college appointed by the board of trustees.

     (11) "Disciplinary action" means the warning, reprimand, summary suspension, suspension and/or expulsion, probation, of a student for the violation of a rule adopted under this policy.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-115-040   Student participation.   Students will participate in college matters pursuant to these procedures.

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     No person or persons may disrupt the ingress or egress of other persons from college facilities. The president or designee is authorized to prohibit or remove from college facilities any person who disrupts ingress or egress therein.

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     Where suspected violations of the academic honesty system occur, appropriate procedures are designed to protect academic integrity while ensuring due process.

     (1) Academic dishonesty: Honest assessment of student performance is crucial to all members of the academic community. Acts of dishonesty are serious breaches of honor and shall be dealt with in the following manner:

     (a) The college administration and teaching faculty will provide reasonable and prudent security measures designed to minimize opportunities for acts of academic dishonesty that occur at the college.

     (b) Any student who knowingly submits a fraudulent examination, assignment, or any other academic work product shall have committed an act of academic dishonesty. Acts of academic dishonesty shall be cause for disciplinary action.

     (c) Any student who aids or abets the accomplishment of an act of academic dishonesty, as described in (b) of this subsection, shall be subject to disciplinary action.

     (d) This section shall not be construed as preventing an instructor from taking immediate disciplinary action when the instructor is required to act upon such breach of academic dishonesty in order to preserve order and prevent disruptive conduct in the classroom. This action shall also not be construed as preventing an instructor from adjusting the student's grade on a particular project, paper, test, or class grade for academic dishonesty.

     (2) Classroom conduct: Instructors have the authority to take whatever summary actions may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

     (a) Any student who substantially disrupts any college class by engaging in conduct that renders it difficult or impossible to maintain class decorum shall be subject to disciplinary action.

     (b) Any college instructor is authorized to take steps necessary to preserve order and to maintain the effective cooperation of the class in fulfilling course objectives; provided that a student shall have the right to appeal such disciplinary action to the dean of student services.

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     (1) Intentionally or recklessly endangering, threatening, or causing physical harm to any person or oneself, or intentionally or recklessly causing reasonable apprehension of such harm.

     (2) Sexual harassment as defined in college policy under Policy 000.340 and 000.350

     (3) Intentionally or recklessly interfering with normal college or college-sponsored activities or any form of emergency services.

     (4) Unauthorized entry or use of college facilities.

     (5) Knowingly violating the term of any disciplinary sanction imposed in accordance with the code.

     (6) Theft of property or services; knowing possession of stolen property.

     (7) Violating college policies or procedures by any student or by the guest of any student.

     (8) Smoking or using tobacco products in classrooms or on the college premises except in designated smoking areas.

     (9) The possession, use, sale or distribution of any alcoholic beverage or illegal drug on the college campus; the use of illegal drugs by any student attending a college-sponsored event, even though the event does not take place at the college.

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

     (11) Forgery, alteration, or misuse of college documents, records, funds, or instruments of identification.

     (12) Refusal to comply with the direction of college officials acting in the legitimate performance of their duties.

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

     (14) Failure to comply with the college's Technology Acceptable Use Policy, and/or misuse of computing equipment and services and facilities, including use of electronic mail and the Internet.

     (15) 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.

     (16) 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 Wenatchee Valley 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.

     (17) 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.

     (18) Animals, with the exception of service animals, are not allowed on or in college facilities. All services animals on campus shall be under direct physical control, leashed by their owner or custodian.

     19. Gambling: Any form of gambling is prohibited.

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     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-115-090   Civil disturbances.   In accordance with provision contained in RCW 28B.10.571 and 28B.10.572:

     (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty member or student of the college who is in the peaceful discharge or conduct of his duties or studies.

     (2) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty member or student of the college who is in the peaceful discharge of his/her duties or studies.

     (3) The crimes described in RCW 28B.10.571 and 28B.10.572 shall not apply to any administrator or faculty member who is engaged in the reasonable exercise of their disciplinary authority.

     (4) Any person or persons who violate the provisions of subsections (1) and (2) of this section will be subject to disciplinary action and referred to the authorities for prosecution.

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     (2) The disciplinary official may take whatever action deemed appropriate within the framework of this code. If the student concludes that any sanctions imposed are inappropriate, the student may appeal to the academic regulations committee.

     (3) If a referral or an appeal is made to the academic regulations committee, the committee shall hold a hearing, reach conclusion, and recommend sanctions. The student may appeal all cases involving suspension or dismissal from the college to the president of the college. All other cases may be appealed to the administrator designated by the president.

     (4) The president of the college or his/her designee, after reviewing the case, may reverse, sustain or modify any sanctions. The decision of the president or designee is final.

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     (2) In order that any informality in disciplinary proceedings not mislead a student as to the seriousness of the matter under consideration, the student involved shall be informed at the initial conference or hearing of the sanctions that may be involved.

     (3) Upon initiation of formal disciplinary proceedings, the dean of student services or designee shall provide written notification to the student, either in person or by delivery via regular mail to the student's last known address, specifying the violations with which the student is charged. The dean of student services or designee shall set a time and place for meeting with the student to inform the student of the charges, the evidence supporting the charges, and to allow the student an opportunity to be heard regarding the charges and evidence.

     (4) After considering the evidence in a case and interviewing the student or students involved, the dean of student services or designee may take any of the following actions:

     (a) Terminate the proceeding, exonerating the student or students;

     (b) Dismiss the case after whatever counseling and advice may be appropriate; not subject to the appeal rights provided in this code;

     (c) Dismiss the case after verbally admonishing the student, not subject to the appeal rights provided in this code;

     (d) Direct the parties to make a reasonable attempt to achieve a mediated settlement;

     (e) Impose disciplinary sanctions directly, subject to the student's right of appeal as described in this chapter. The student shall be notified in writing of the action taken except that disciplinary warnings may be given verbally;

     (f) Refer the matter to the academic regulations committee requesting their recommendation for appropriate action. The student shall be notified in writing that the matter has been referred to the academic regulations committee.

     (5) This section shall not be construed as preventing the appropriate official from summarily suspending a student.

     (6) If the dean of student services or his or her designee(s) has cause to believe that any student:

     (a) Has committed a felony; or

     (b) Has violated any provision of this chapter; and

     (c) Presents an imminent danger either to himself or herself, other persons on the college campus or to the educational process; that student shall be summarily suspended and shall be notified by certified and regular mail at the student's last known address, or shall be personally served.

     Summary suspension is appropriate only where (c) of this subsection can be shown, either alone or in conjunction with (a) or (b) of this subsection.

     (7) During the summary suspension period, the suspended student shall not enter campus other than to meet with the dean of student services or to attend the hearing. However, the dean of student services or the college president may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for a probable cause hearing.

     (8) When the president or his/her designee exercises the authority to summarily suspend a student, he/she shall cause notice thereof to be served upon that student by registered or certified mail at the student's last known address, or by causing personal service of such notice upon that student. The notice shall be entitled "notice of summary suspension proceedings" and shall state:

     (a) The charges against the student including reference to the provisions of the student code or the law involved; and

     (b) That the student charged must appear before the designated disciplinary officer at a time specified in the notice for a hearing as to whether probable cause exists to continue the summary suspension. The hearing shall be held as soon as practicable after the summary suspension.

     (9) The summary suspension hearing shall be considered an emergency adjudicative proceeding. The proceeding must be conducted as soon as practicable with the dean of student services or designee presiding. At the summary suspension hearing, the dean of student services shall determine whether there is probable cause to believe that continued suspension is necessary and/or whether some other disciplinary action is appropriate.

     (10) If the dean of student services, following the conclusion of the summary suspension proceedings, finds that there is probable cause to believe that:

     (a) The student against whom specific violations of law or of provisions of this chapter are alleged has committed one or more of such violations; and

     (b) That summary suspension of said student is necessary for the protection of the student, other students or persons on college facilities, college property, the educational process, or to restore order to the campus; and

     (c) Such violation or violations of the law or of provisions of this chapter constitute grounds for disciplinary action, then the dean of student services may, with the written approval of the president, continue to suspend such student from the college and may impose any other disciplinary action as appropriate.

     (11) A student who is suspended or otherwise disciplined pursuant to the above rules shall be provided with a written copy of the dean of student services' findings of fact and conclusions, as expressly concurred in by the president, which constituted probable cause to believe that the conditions for summary suspension existed. The student suspended pursuant to the authority of this rule shall be served a copy of the notice of suspension by personal service or by registered mail to said student's last known address within three working days following the conclusion of the summary suspension hearing. The notice of suspension shall state the duration of the suspension or nature of other disciplinary action and the conditions under which the suspension may be terminated.

     (12) The dean of student services is authorized to enforce the suspension of the summarily suspended student in the event the student has been served pursuant to the notice requirement and fails to appear at the time designated for the summary suspension proceeding.

     (13) Any student aggrieved by an order issued at the summary suspension proceeding may appeal to the academic regulations committee. No such appeal shall be entertained, however, unless:

     (a) The student has first appeared at the student hearing in accordance with subsection (9) of this section;

     (b) The student has been officially notified of the outcome of the hearing;

     (c) Summary suspension or other disciplinary sanction has been upheld; and

     (d) The appeal conforms to the standards set forth in WAC 132W-109. The academic regulations committee shall, within five working days, conduct a formal hearing in the manner described in WAC 132W-109

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     (1) An ARC subcommittee, convened by the dean of student services or designee for serious disciplinary violations, will hear and make recommendations on all disciplinary cases referred to it or appealed to it by students. The hearing body will be composed of the following persons:

     (a) The committee chair will be a member of the ARC appointed by the president of the college;

     (b) The faculty representative will be a member of the ARC appointed by the ARC membership;

     (c) The student representative will be a member of the ARC appointed by the ARC membership.

     (2) None of the above-named persons shall sit on any case in which he or she has been or will be a complainant or witness, in which he or she has a direct or personal interest, or in which he or she has acted previously in an advisory or official capacity. The entire ARC membership shall make decisions regarding eligibility according to this section, including the selection of alternate committee members.

     (3) The committee may recommend to the dean of student services that the student involved:

     (a) Be exonerated with all proceedings terminated and with no sanctions imposed;

     (b) Be disqualified from participation in any school-sponsored athletic events or activities;

     (c) Be given a disciplinary warning;

     (d) Be given a reprimand;

     (e) Be placed on disciplinary probation;

     (f) Be responsible for restitution for damages resulting from the violation;

     (g) Be given a suspension;

     (h) Be expelled.

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     (2) All committee proceedings will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

     (3) The committee chair shall enforce general rules of procedures for conducting hearings consistent with these procedural guidelines.

     (4) The student shall be given notice of the date, time and place of the hearing, the charges, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare a defense.

     (5) The student or his/her representative shall be entitled to hear and examine the evidence against him or her and be informed of the identity of its sources; and shall be entitled to present evidence in his or her own behalf and question witnesses as to factual matters. The student shall be able to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

     (6) Committee hearings may be held in closed session at the discretion of the council, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of the hearing invited persons are disruptive of the proceedings, the committee chair may exclude such persons from the hearing room.

     (7) Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining whether the student is guilty of the misconduct charged, but the student's past record of conduct may be taken into account in formulating the committee's recommendation for disciplinary action.

     (8) The failure of a student to cooperate with the hearing procedures, however, shall not preclude the committee from making its findings of fact, reaching conclusions and imposing sanctions. Failure of the student to cooperate may be taken into consideration by the committee in recommending penalties.

     (9) The student may be represented by counsel and/or accompanied by an advisor of his/her choice. If counsel is present for the student, the college may also have counsel present to assist the council. If the student intends to use an attorney, he or she must notify the dean of student services 5 days in advance of the formal hearing.

     (10) An adequate summary of the proceedings will be kept. As a minimum, such summary would include a tape recording of testimony. Such record will be available for inspections and copying in the office of the dean of student services during regular business hours.

     (11) The student will be provided with a copy of the findings of fact and the conclusions of the committee.

     (12) If the council's proceedings were to hear a disciplinary matter pursuant to the request of the dean for student services, the council's recommendation shall be forwarded to the dean of student services for disposition of the matter.

     (13) The dean of student services or designee shall notify the student of his or her decision.

     (14) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.

     (15) The dean of student services or designee shall notify the student of his or her decision.

     (16) The student will also be advised of his/her right to present, within ten calendar days, a written statement of appeal to the president of the college before action is taken on the decision of the committee.

     (17) The president of the college or his/her designated representative shall, after reviewing the case, sustain the decision, give directions as to what other disciplinary action shall be taken by modifying its decision, or nullify previous sanctions imposed by reversing the decision. The president or designee shall then notify the dean of student services, the student, and the committee. The president's decision shall be final.

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     (1) Disciplinary warning means oral or written notice of violation of college rules.

     (2) Reprimand means formal action after censuring a student for violation of college rules for failure to satisfy the college's expectations regarding conduct. Reprimands are made in writing to the student by the disciplinary official. A reprimand indicates to the student that continuation or repetition of the specific conduct involved or other misconduct will result in one or more serious disciplinary actions described below.

     (3) Disciplinary probation means formal action placing conditions upon the student's continued attendance because of violation of college rules or failure to satisfy the college's expectations regarding conduct. The disciplinary official placing the student on probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. Disciplinary probation warns the student that any further misconduct will automatically raise the question of dismissal from the college. Disciplinary probation may be for a specified term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the college.

     (4) Summary suspension means temporary dismissal from the college and temporary termination of a student's status for a period of time not to exceed ten days which occurs prior to invocation of the formal hearing procedures specified in these rules due to a necessity to take immediate disciplinary action, where a student presents an imminent danger to the college property, or to himself or herself or other students or persons in college facilities on or off campus, or to the educational process of the college.

     (5) Suspension means temporary dismissal from the college and temporary termination of student status for violation of college rules or for failure to meet college standards of conduct.

     (6) Expulsion means dismissal from the college and termination of student status for violation of college rules or for failure to meet the college standards of conduct for an indefinite period of time or permanently.

     (7) Restitution means repayment to the college or to an affected party for damages resulting from a violation of this code.

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     A student group or organization and its officers may be held collectively and individually responsible when violations of this code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group's or organization's leaders or officers.

     The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by college officials to take appropriate action designed to prevent or end violations of this code by the group or organization. Failure to make reasonable efforts to comply with college officials' order shall be considered a violation of this code, by the officers, leaders or spokesperson for the group or organization and by the group or organization itself.

     Sanctions for group or organization misconduct may include revocation or denial of registration or recognition as well as other appropriate sanctions.

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     (1) Disciplinary action by a faculty member or other college staff member may be appealed to, and shall be reviewed by, the dean of student services.

     (2) Disciplinary action by the appropriate disciplinary official may be appealed to, and shall be reviewed by, the academic regulations committee.

     (3) Disciplinary recommendation by the academic regulations committee and subsequent action by the dean of student services, may be appealed to, and shall be reviewed by, the college president or his/her designee.

     (4) Disciplinary action by the president shall either indicate approval of the conclusions by sustaining the decision or shall give directions as to what other disciplinary action shall be taken by modifying the decision, or shall nullify previous sanctions imposed by reversing its decision. The president's decision shall be final.

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     (2) A student suspended on the basis of conduct which disrupted the orderly operation of the campus or any facility of the district, may be denied access to all or any part of the campus or other facility.

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Chapter 132W-117

PARKING AND TRAFFIC
NEW SECTION
WAC 132W-117-010   Purpose.   The parking and traffic rules and regulations contained herein provide a fair and uniform method of regulating College vehicular, non-vehicular, and pedestrian traffic and are based on the following objectives:

     To protect and control vehicular, non-vehicular, and pedestrian traffic.

     To assure access for emergency equipment at all times.

     To minimize traffic disturbances during class hours.

     To facilitate the work of the College by assuring access for College vehicles and by assigning the limited parking spaces to the most efficient use.

     To protect College facilities.

     Permission to park or operate a vehicle on College property is governed by these regulations. The purchase of a permit for designated parking does not ensure the regular availability of a parking space.

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     The enforcement of these rules and regulations shall be the responsibility of the Plant office..

     The security officer or designees are authorized to issue parking and traffic citations, impound and/or immobilize vehicles, and control and regulate facilities use, traffic, and parking as prescribed in these rules and regulations.

     Any person interfering with a College security officer or designees in the discharge of the provisions of these rules and regulations shall be in violation of RCW 9A.76.020, Obstructing Governmental Operation, and may be subject to arrest by a peace officer.

     Failure by students to abide by these rules and regulations may be considered to be a violation of the Code of Student Conduct.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-117-030   Definitions.   (1) College - Wenatchee Valley College, Community College District 15.

     (2) College Property - Campus property, parking lots, or land owned, leased, controlled or maintained by Wenatchee Valley College.

     (3) Immobilization - Rendering a vehicle inoperable by use of a wheel-lock device.

     (4) Security Officer - The college administrator designated as responsible for managing college security, parking and traffic control.

     (5) Impoundment - Removal of a vehicle to a storage facility.

     (6) Pedestrian - Any person afoot or who is using a wheelchair or a means of conveyance propelled by human power, other than a bicycle.

     (7) Student - Any individual currently registered for classes located on Wenatchee campus property.

     (8) Vehicular Traffic or Vehicles - Those devices defined as "vehicles" in RCW 46.04.670.

     (9) Non-vehicular Modes of Transportation - Non-vehicular transportation devices shall include, but not be limited to, skateboards, snowmobiles, roller skates and roller blades, snow sleds, and scooters.

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     (1) The motor vehicle and other traffic laws of the state of Washington shall be applicable upon all lands located within the state of Washington.

     (2) The traffic code of the city of Wenatchee, Washington, shall be applicable upon all lands located within the city of Wenatchee, Washington. The traffic code for the city of Omak shall be applicable upon all lands located within the city of Omak.

     (3) These regulations shall be applicable to all state lands which are or may hereafter be devoted mainly to educational, research, recreational, or parking activities of the college at the Wenatchee campus of district 15. Paragraphs A through K plus AA and AB shall apply equally to Wenatchee Valley College - North campus.

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     (2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass such a vehicle which has slowed or stopped to yield to pedestrian traffic.

     (3) Where a sidewalk is provided, pedestrians shall proceed upon such a sidewalk.

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     (2) Impoundment without notice: A vehicle may be impounded without notice to the owner or operator in the following circumstances:

     (a) When in the judgment of the security officer the vehicle is obstructing or may impede the flow of traffic; or

     (b) When in the judgment of the security officer the vehicle poses an immediate threat to public safety; or

     (c) When a non-handicapped operator parks the vehicle in a designated area reserved for the handicapped; or

     (d) When three (3) unpaid parking violations are on record for any one (1) vehicle.

     (3) Impounding may be implemented by mechanical restraints to vehicles or by towing to an approved impounding agency or to another designated area of the college's parking lot.

     (4) Towing companies and/or impounding agencies will be selected on the basis of criteria developed by the college.

     (5) Any vehicle impounded shall be at the owner's and/or the operator's risk and expense.

     (6) Neither the college nor its employees shall be liable for loss or damage of any kind resulting from impounding and storage.

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     Bicycles shall be parked in bicycle racks or other facilities provided for the purpose. Where such facilities are provided, at no time shall a bicycle be parked in a building, against a building, near a building exit, on a path or sidewalk, or chained or otherwise secured to trees, lamp standards, utilities, stairway railings, or signposts. Any bicycle found in violation of this section may be cited for illegal parking and impounded by the Plant Office without warning.

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     (2) The security officer or his or her designee(s) shall be responsible for the enforcement of the rules and regulations contained in this chapter.

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     (1) The dean of administrative services is authorized to issue parking permits to students upon the registration of their vehicle with the college at the beginning of each academic period.

     (2) Faculty, staff, and employees may be issued parking permits if they register their vehicle upon employment with the college.

     (3) Temporary visitor parking permits or special parking permits may be issued by the dean of administrative services or his or her designee(s) if issuance enhances the business or operation of the college.

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     A permanent permit.

     A temporary permit.

     A handicapped permit.

     A visitor's permit.

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     (2) Permits for motorcycles shall be affixed in visible locations.

     (3) A special or temporary parking permit shall be placed on the dashboard of the vehicle where it can be plainly observed.

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     (1) When the purpose for which the permit was issued changes or no longer exists;

     (2) When a permit is used by an unregistered vehicle or by an unauthorized individual;

     (3) Falsification on a parking permit application;

     (4) Continued violations of parking regulations; or

     (5) Counterfeiting or altering a parking permit.

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     (1) Faculty and staff reserved spaces will be so designated for their use; and

     (2) Student and staff spaces will be so designated for their use; provided, physically handicapped students may be granted special permits to park in close proximity to the classrooms used by such students; and

     (3) Parking space will be designated for use of visitors on campus.

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     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-117-230   Parking within designated spaces.   (1) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to this chapter.

     (2) Parking in designated areas will be strictly enforced between the hours of 7 a.m. and 8 p.m., Monday through Friday.

     (3) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

     (4) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in, with no part of the vehicle extending more than two feet beyond the yellow line or barrier.

     (5) No vehicle shall be parked so as to occupy any portion of more than one space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall will not constitute an excuse for a violation of this section.

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     (1) The following $5.00 citations will be issued for any of the following violations of the campus parking regulations. The fee will be reduced to $2.50 if paid within 24 hours.

     (a) No valid parking permit displayed.

     (b) Parking out of designated parking space.

     (c) Overtime parking.

     (d) Occupying more than one parking space.

     (e) Blocking traffic.

     (f) Parking in a reserved or restricted area.

     (g) Parking in a driveway or walkway.

     (h) Parking on grass or landscaped area.

     (i) Failure to display handicapped permit.

     (j) Use of forged, stolen, or transferred parking permits.

     (k) Parking in a loading zone.

     (l) Parked in any space designated as handicapped parking where the parked vehicle does not have a valid handicapped permit visible.

     (m) Parked at an area designated as a fire lane.

     (2) The dean of administrative services or his or her designee(s) shall be authorized to impound vehicles parked on college property.

     (a) Vehicles left abandoned on college property for an unreasonable duration are subject to impoundment by the college, pursuant to state law. An unreasonable duration is a period greater than five working days.

     (b) Vehicles involved in more than two violations of these regulations within a twelve-month period are subject to impoundment.

     (c) Impoundment and storage expenses shall be borne by the owner of the impounded vehicle.

     (d) The college shall not be liable for loss or damage of any kind resulting from such impoundment and storage.

     (e) Impoundment of a vehicle does not remove the obligation for any fines associated with the citation.

     (3) An accumulation of traffic violations by a student will be cause for disciplinary action, and the dean of administrative services shall initiate disciplinary proceedings against such student pursuant to WAC 132W-109-050.

     (4) Fines will be paid at the cashier's office.

     (5) Unpaid fines will be referred to the registration office for notation. When fines are unpaid, transcripts, quarterly grade reports, or permission to reregister may be withheld.

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Chapter 132W-125 WAC

WITHHOLDING SERVICES FOR OUTSTANDING DEBTS
NEW SECTION
WAC 132W-125-010   Statement of policy.   The college expects that students who receive services for which a financial obligation is incurred will exercise responsibility in meeting these obligations. Appropriate college staff is empowered to act in accordance with regularly adopted procedures to carry out the intent of this policy, and if necessary to initiate legal action to insure that collection matters are brought to a timely and satisfactory conclusion.

     Admission to or registration with the college, conferring of degrees and issuance of academic transcripts may be withheld for failure to meet financial obligations to the college.

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     (2) Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and, at that time, shall hold a brief adjudicative proceeding concerning whether the individual owes or owed any outstanding debts to the institution. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether the college is correct in withholding services and/or applying offset for the outstanding debt.

     (a) If the outstanding debt is found to be owed by the individual involved, no further services shall be provided.

     (b) Notice of the decision shall be sent to the individual within five days after the hearing.

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     (2) The appeal must be filed within twenty-one days from the date on which the appellant received notification of the order issued under WAC 132W-125-020 upholding the withholding of services for outstanding debts. The president's determination shall be final.

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Chapter 132W-277 WAC

ACCESS TO PUBLIC RECORDS
NEW SECTION
WAC 132W-277-010   Purpose.   The purpose of this chapter is to ensure that Wenatchee Valley College complies with the provisions of chapter 42.17 RCW and in particular with those sections of that chapter dealing with public records.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-020   Definitions.   (1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

     (2) "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, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

     (3) "Wenatchee Valley College" is an agency organized by statute pursuant to RCW 28B.50.040. Wenatchee Valley College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-030   Description of central and field organization of Wenatchee Valley College District No. 15.   (1) Wenatchee Valley College is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the college campus within the county of Chelan, Washington. The college campus likewise comprises the central headquarters for all operations of the district.

     (2) The district is operated under the supervision and control of a board of trustees. The board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 132W-105-010. The board of trustees employs a president, an administrative staff, instructors, and other employees. The board of trustees takes such actions and promulgates such rules, and policies in harmony with the rules established by the state board for community and technical colleges, as are necessary to the administration and operation of the district.

     (3) The president of the district is responsible to the board of trustees for the operation and administration of the district.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-040   Operations and procedures.   Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-050   Public records available.   All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 or other statutes.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-060   Public records officer.   The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. The public records officer shall be responsible for implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter 42.17 RCW.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-070   Office hours.   Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and holidays or days of closure established by the college calendar or by order of the college President.

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     (1) A request shall be made in writing upon a form prescribed by the district which shall be available at the district administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the district's staff at the district administrative office 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 information requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index'

     (e) If the requested information is not identifiable by reference to the 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, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-090   Copying.   No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records and such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district official. All charges must be paid by money order, cashier's check, or cash in advance.

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     (2) Pursuant to RCW 42.17.260, the district reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.

     (3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the college, within five business days, either:

     (a) Provides the record;

     (b) Acknowledges receipt of the request and provides a reasonable estimate of the time the college will require to respond to the request; or

     (c) Denies the request.

     (4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-110   Review of denials of public records requests.   (1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

     (2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the district or the president's designee.

     (3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.

     (4) During the course of the review the president or designee shall consider the obligations of the district to comply with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW 42.17.310 or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-120   Protection of public records.   Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 132W-277-090.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132W-277-130   Records index.   (1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after March 14, 2001:

     (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

     (b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

     (c) Administrative staff manuals and instructions to staff that affect a member of the public;

     (d) Planning policies and goals, and interim and final planning decisions;

     (e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and

     (f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

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

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WAC 132W-105

Board of Trustees
NEW SECTION
WAC 132W-105-010   Legal status of the board.   By authority contained in the Community College Act of 1967 and as appointed by the Governor of the State of Washington, the Wenatchee Valley College Board of Trustees shall serve the educational needs of Community College District 15 and shall be responsible for developing the policies of Community College District 15 under which Wenatchee Valley College operates. The Board will delegate certain responsibilities to the president or designee.

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     A regular meeting may be canceled by action of the Board or the Board chair. A special meeting may, however, be set for another date and time. When a special meeting is scheduled, notice thereof will be given in conformance with the notice requirements for special meetings contained in RCW 42.30.080.

     Board meetings shall be held in the Wells Hall Board Room, 1300 Fifth St., Wenatchee, WA, or at such other places as the Board shall determine.

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     Public votes and public records shall be open to the public for inspection and duplication.

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     The chair of the Board reserves the right to determine time limits on statements and presentations.

     The intent of the Board shall be to provide equal time for both pro and con presentations. The chair also maintains the right to regulate the subject matter of that which may be presented or discussed at the open meeting including, but not limited to, matters which are the subject of current or pending grievances or adjudicative or disciplinary proceedings. Matters for consideration, discussion, and/or debate will be limited to the extent allowed by the Open Public Meetings Act, Chapter 42.30 RCW.

     The president of the College shall be given an opportunity, whenever possible, to examine and evaluate each matter of business and to recommend a course of action prior to a decision by the Board.

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     This office shall be open during normal business hours.

     Correspondence or other business for the Board shall be sent to the secretary of the Board, who is located in this office.

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     (2) The President shall be the appointing authority for all administrative exempt, classified, faculty and other employees of the College; the President may delegate some or all of that authority in writing to Deans and/or other designees. The President shall carry out all rules, regulations, orders, directives and policies established by the Board and shall perform all other duties necessary or appropriate to the administration of the College. The essence of the relationship between the Board and the President shall be one of full mutual confidence and completely open communication.

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Chapter 132W-325-010 WAC

Environmental protection
NEW SECTION
WAC 132W-325-010   Environmental protection.   (1) It shall be the operational procedure of Community College District No. 15 that capital projects proposed and developed by the district shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-11 WAC, guidelines for SEPA implementation; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

     (2) In compliance with WAC 197-11-910, the district president, or an administrative officer designated by the district president, shall be the "responsible official" for carrying out this policy.

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