WSR 99-08-030

PROPOSED RULES

THE EVERGREEN STATE COLLEGE


[ Filed March 30, 1999, 4:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-05-056.

Title of Rule: WAC 174-280-015 and 174-280-030, Student Conduct Code--Disciplinary records of students.

Purpose: To amend some sections and allow revision on others related to release of student disciplinary hearing records.

Other Identifying Information: This rule is regulated by the Department of Education and their rules.

Statutory Authority for Adoption: RCW 28B.40.120(12).

Summary: Amendment to WAC 174-280-015, add definition for "crime of violence" and/or "sex offense(s)"; and amendment to WAC 174-280-030, add paragraph stating that results of campus disciplinary action(s) involving a crime of violence and/or sex offense(s) will be disclosed only after a finding has been made and appeal options have been exhausted.

Reasons Supporting Proposal: To be consistent with regulatory language of the Department of Education.

Name of Agency Personnel Responsible for Drafting: Lee Lambert, TESC Library Building, Room 3103, 866-6000, ext. 6386; Implementation and Enforcement: Art Costantino, TESC Library Building, Room 3236, 866-6000, ext. 6296.

Name of Proponent: The Evergreen State College, governmental.

Rule is necessary because of federal law, Vol. 18 USC Sec. 16 and Vol. 20 USC Sec. 1232g (6) Campus Security Act Regulations 34 CFR part 668.47(B) w/index.

Explanation of Rule, its Purpose, and Anticipated Effects: The student conduct code has existed at the college in various forms since 1971. The purpose of these rules is to establish minimum standards of behavior and provide processes to govern violations. It is anticipated that the changes in these sections will be consistent with the Department of Education statutes and regulations and will clarify under what conditions disciplinary records of students involved in "crimes of violence" and/or "sex offenses" will be released.

Proposal Changes the Following Existing Rules: The amendments to the rules will define "crime of violence" and "sex offenses" and clarify that the results of campus disciplinary action(s) involving a crime of violence and/or sex offense(s) will be disclosed only after a finding has been made and appeal options have been exhausted.

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

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Evergreen is not a listed agency in section 201.

Hearing Location: The Evergreen State College Campus, 2700 Evergreen Parkway, College Activities Building, Room 108, Olympia, WA 98505, on May 12, 1999, at 4 - 5 p.m.

Assistance for Persons with Disabilities: Lind Pickering by 5 p.m. on May 7, 1999, TDD (360) 866-6834.

Submit Written Comments to: Lee Lambert, Assistant for Civil Rights and Legal Affairs, The Evergreen State College, Library Building, Room 3103, Olympia, Washington 98505, fax (360) 866-6000, ext. 6386, by May 7, 1999, at 5 p.m.

Date of Intended Adoption: May 17, 1999, filing.

March 30, 1999

D. Lee Hoemann, Rules Coordinator

Executive Associate to the President

OTS-2965.1


AMENDATORY SECTION(Amending WSR 90-04-011, filed 1/26/90, effective 2/26/90)

WAC 174-280-015
Definitions.

For the purposes of WAC 174-280-010 through 174-280-045, the following terms shall have the definitions shown:

(1) A "student" is any person who is or has been registered at Evergreen, with respect to whom Evergreen maintains educational records or other information personally-identifiable by name, identification number, or other names of recognition.

(2) The term "educational records" means those records, files, documents and other materials maintained by Evergreen which contain information directly related to the individual student.

(3) The term "directory information" means the student's name, address, telephone number, dates of attendance, date and place of birth, major field of study, participation in officially recognized activities and sports, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) The term "crime of violence" means:

(a) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

(b) Any other offense that is a felony and that, by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(5) "Sex offense" is any sexual act directed against another individual, forcibly and/or against their will; or nonforcibly and/or against their will where the individual is incapable of giving consent.

[Statutory Authority: Chapter 34.05 RCW.  90-04-011, 174-280-015, filed 1/26/90, effective 2/26/90.]


AMENDATORY SECTION(Amending WSR 90-04-011, filed 1/26/90, effective 2/26/90)

WAC 174-280-030
Release of personally identifiable records.

(1) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the following:

(a) Evergreen staff, faculty, and student employees when the information is specifically required for a legitimate educational interest within the performance of their assigned responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those assigned responsibilities;

(b) Federal and state officials requiring access to educational records in connection with the audit and evaluation of a federally- or state-supported education program or in connection with the enforcement of the federal or state legal requirements which relate to such programs.  In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students to other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation or enforcement of legal requirements;

(c) Agencies or organizations requesting information specifically required as a part of a student's application for, or receipt of, financial aid, with the understanding that its use will be strictly limited to that purpose;

(d) Organizations conducting studies for or on behalf of the college for purposes of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it was provided;

(e) Accrediting organizations in order to carry out their accrediting functions, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it was provided;

(f) Any person or entity designated by judicial order or lawfully-issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith.  Any college individual(s) or office(s) receiving a subpoena or judicial order for educational records should also immediately notify the assistant attorney general assigned to Evergreen;

(g) A collection agency under contract to Evergreen when necessary to collect past due accounts the student owes to Evergreen upon the condition that the student is forwarded a notice at least ten days in advance of the date the account is transferred;

(h) Results of campus disciplinary action(s) involving a crime of violence and/or sex offense(s) will be disclosed to the accuser upon request. Results will be disclosed only after a finding has been made and appeal options have been exhausted under The Evergreen State College's student conduct code.

(2) Where the consent of a student is obtained for the issuance of education records, it shall be in writing, signed and dated by the student giving the release, and the names of the parties to whom such records will be released, and may include the reasons for such release, except that transcripts may be issued to other colleges or universities for admission as a result of telephone requests from the student.

(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e), (f), and (g) of this section, the appropriate Evergreen official shall maintain a record, which will be made available to the student upon request kept with the education record, which will indicate the parties which have requested or obtained access to a student's records maintained by the college and which will indicate the legitimate interest of the investigating party.  Releases in accordance with subsection (1)(a) of this section need not be recorded.

(4) Personally identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally identifiable form to any other parties without obtaining consent of the student.

(5) Students may request that the college not release directory information by written notice to the registrar.

(6) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is clearly necessary to protect the health or safety of a student or other person(s).

(7) Student information in computer files may be released only by the Evergreen individual or office which maintains the respective files.

[Statutory Authority: Chapter 34.05 RCW.  90-04-011, 174-280-030, filed 1/26/90, effective 2/26/90.]

Washington State Code Reviser's Office