WSR 14-03-100
[Filed January 17, 2014, 2:37 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-21-120.
Title of Rule and Other Identifying Information: Olympic College nondiscrimination policy.
Hearing Location(s): Olympic College, President's Conference Room, College Service Center (CSC), Room 513, 1600 Chester Avenue, Bremerton, WA 98337, on February 27, 2014, at 2:00 p.m.
Date of Intended Adoption: February 28, 2014.
Submit Written Comments to: Thomas Oliver, Olympic College, CSC 210, 1600 Chester Avenue, Bremerton, WA 98337, e-mail, fax (360) 475-7505, by February 20, 2014.
Assistance for Persons with Disabilities: Contact access services by phone (360) 475-7540 or e-mail, by February 13, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the revisions is to bring the policy into compliance with federal legislation.
Reasons Supporting Proposal: Nondiscrimination policies are required for all colleges under the state board for community and technical colleges. This is an update of the existing policy providing current language.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Statute Being Implemented: Chapter 28B.50 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Linda Yerger, governmental.
Name of Agency Personnel Responsible for Drafting: Kelly Woodward, CSC 544, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7125; Implementation and Enforcement: Lynnette De Shaw, CSC 525, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7300.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There will be no impact on any entity other than Olympic College.
A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.
January 17, 2014
Thomas Oliver
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-08-034, filed 3/29/12, effective 4/29/12)
WAC 132C-10-160 Nondiscrimination policy.
(1) Intent. The Olympic College board of trustees herein affirms its policy of equal opportunity to all individuals and all the communities we serve. Olympic College is committed to the principle of equal opportunity in all matters relating to employment, ((college-sponsored)) college activities, and education programs and will comply with all applicable laws prohibiting discrimination including Title((s)) VII ((and IX)) of the Civil Rights Act of 1964, and amendments; Title IX of the Education Amendments of 1972; the Age Discrimination in Employment Act of 1967; section 504 of the Rehabilitation Act of 1974; the Americans with Disabilities Act of 1990; the Genetic Information Nondiscrimination Act of 2008; and the Washington state laws against discrimination, chapter 49.60 RCW.
(2) Policy. Olympic College is committed to the principle of equal opportunity in education and employment. Harassment and/or discrimination directed toward any individual or group on the basis of race((, creed,)); color((,)); national origin((,)); sex, including pregnancy; genetic information((,)); honorably discharged veteran or military status((,)); age((,)); religious preference((,)); creed; sexual orientation((,)); gender identity; or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability((,)); status as a disabled or Vietnam-era veteran((,)); or political opinions or affiliations((,)); or any other population designated by statute is a violation of the mission and purpose of Olympic College and will not be tolerated. The college is committed to preventing and stopping discrimination, including harassment, on any of these unlawful bases, and any associated retaliatory behavior. All employees and students shall be allowed to work and learn in an environment free from discrimination.
(a) This policy is based on the principle that all forms of harassment and/or discrimination are unacceptable and will be dealt with promptly and effectively. Students, faculty or staff who are determined to have violated this policy (following investigatory proceedings) are subject to disciplinary action up to and including termination of employment and permanent dismissal (students).
(b) Applicants for admission or employment or any employees, students, or participants in college activities or programs who believe that they have been discriminated against may pursue an institutional complaint and/or may pursue other remedies provided by law.
(c) Administrators, supervisors and faculty members shall assist in ensuring that no retaliation occurs against persons who make complaints, persons who are complained against or persons who are involved in the investigation of complaints.
(3) Responsibility.
(a) The president of the college, and all administrative employees shall have ultimate responsibility for overseeing compliance with this policy at his or her respective unit of the college.
(b) In addition, each vice-president, executive officer, administrative officer, faculty member or other person with supervisory responsibility shall be required to report any complaint of discrimination, sexual harassment, or any harassment that violates this policy.
(c) All members of the college community are required to cooperate in any investigation of the discrimination/harassment complaint.
(4) Complaint procedure. Persons who believe that they have been the subject of unlawful discrimination or harassment are encouraged to bring such issues to the attention of their supervisor, instructor, or human resource services, or follow the established complaint procedures.