WSR 00-05-023

PERMANENT RULES

SOUTH PUGET SOUND

COMMUNITY COLLEGE

[ Filed February 8, 2000, 1:27 p.m. ]

Date of Adoption: January 13, 2000.

Purpose: Changes will bring clarity to existing rules, update recent title changes, broaden and clarify definitions, and designate authority to security officer.

Citation of Existing Rules Affected by this Order: Amending WAC 132X-10-010 through 132X-10-110, 132X-30-040, 132X-40-020, 132X-50-020 through 132X-50-280, and 132X-60-010 through 132X-60-178.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Adopted under notice filed as WSR 99-23-035 on November 10, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 8, Amended 46, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 8, Amended 46, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

February 7, 2000

Kenneth J. Minnaert

President

OTS-3041.2


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-010
Purpose.

The purpose of this chapter shall be to ensure compliance by the South Puget Sound Community College District 24 with the provisions of chapter 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with RCW 42.17.250 through ((42.17.320)) 42.17.340, dealing with public records.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-010, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-030
Description of central and field organization of South Puget Sound Community College District 24.

South Puget Sound is a community college district organized under RCW 28B.50.040. The district administrative office and its staff are located at South Puget Sound Community College, 2011 Mottman Road, S.W., Olympia, Washington ((98502)) 98512.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-030, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-050
Public records available.

All public records of the college, as defined in WAC 132X-10-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by ((section 31, chapter 1, Laws of 1973)) RCW 42.17.310, 42.17.315, 42.17.260(1) and WAC 132X-10-100.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-050, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-060
Public records officer.

The college's public records shall be in the charge of the public records officer designated by the president. The person so designated at the college is the vice-president for human resources. The public records officer shall be responsible for the following: The implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, and generally ensuring compliance by the staff with the public records disclosure requirements of ((chapter 1, Laws of 1973)) RCW 42.17.250 through 42.17.340.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-060, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-080
Requests for public records.

In accordance with requirements of ((chapter 1, Laws of 1973)) RCW 42.17.250 through 42.17.340 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request ((shall)) should be made in writing upon a form prescribed by the college which shall be available at its administrative office. The form shall be presented to the public records officer and/or his/her designees, at the 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 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 college'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/her designees, to assist the member of the public in appropriately identifying the public record requested.

(3) The public records officer and/or his/her designee to whom the request is presented shall, by the close of ((three)) five business days:

(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 WAC 132X-10-050.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-080, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-100
Exemptions.

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132X-10-080 is exempt under the provisions of ((section 31, chapter 1, Laws of 1973)) RCW 42.17.310, 42.17.315 and 42.17.260.

(2) In addition, pursuant to ((section 26, chapter 1, Laws of 1973)) RCW 42.17.260, the 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. The public records officer and/or his/her 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.

(4) The release or disclosure of student educational records is governed by federal regulation (FERPA). Separate and different procedures are established by the college for student educational records.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-100, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-110
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 by the public records officer and/or his/her designees which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his/her designee denying the request shall refer it to the president. The president or his/her designee shall ((immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial)) consider the college's obligation to comply with the intent of chapter 42.17 RCW, the exemptions provided in RCW 42.17.310 or other pertinent statutes, and the statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. In any case, the request shall be returned with a final decision, within ((three)) five business days following the original denial.

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

(4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial should be sent directly to the office of attorney general in Olympia, Washington. The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-110, filed 10/18/88.]

OTS-2892.1


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-30-040
Scheduling.

The administrative regulations and procedures, schedule of fees, and application forms for use may be obtained at the office of the ((dean of)) vice-president for administrative services or the college facilities rental coordinator. The scheduling of facilities by groups or organizations will be through these offices.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-30-040, filed 10/18/88.]

OTS-2891.1


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-40-020
Responsible officer.

In compliance with WAC 197-10-820, the ((dean of)) vice-president for administrative services is designated to be the "responsible official" for carrying out this policy.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-40-020, filed 10/18/88.]

OTS-2462.5


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-020
Applicable parking and traffic regulations.

(1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington shall apply on the campus.

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

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-020, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-030
Definitions.

As used in this chapter, the following words and phrases shall mean:

(((1) "Board": The board of trustees of South Puget Sound Community College, District 24.

(2) "Campus": All lands and buildings devoted to, operated by, or maintained by South Puget Sound Community College, District 24.

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

(4) "College": South Puget Sound Community College, District 24.

(5) "Dean of administrative services": The dean of administrative services for South Puget Sound Community College, District 24.

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

(7) "Employee": Any individual appointed to the faculty, staff, or administration of the college.

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

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

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

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

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

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

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

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

(16) "Security office": The college's campus security office.)) (1) "Annual permits": Permits which are valid from the date of issue until the first day of the following fall quarter. Annual permits are sold during fall quarter.

(2) "Board": The board of trustees of South Puget Sound Community College, District 24.

(3) "Campus": All lands and buildings devoted to, operated by, or maintained by South Puget Sound Community College, District 24.

(4) "Campus security officer": An employee of the college who is responsible for campus traffic control, parking, security, and safety.

(5) "College": South Puget Sound Community College, District 24.

(6) "Employee": Any individual appointed to the faculty, staff, or administration of the college. Student employment positions or college work study positions are not considered employees of the college in these definitions.

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

(8) "Full-time student": Any person who is enrolled at this college and is taking ten credit hours or more on the main campus.

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

(10) "Main campus": All lands and buildings located at 2011 Mottman Road S.W., Olympia, WA.

(11) "Part-time employee": An employee of the college employed less than twenty hours per week. Student employees or college work study employees are not classified as part-time employees under these definitions.

(12) "Part-time student": Any person who is enrolled at this college and is taking nine credit hours or less on the main campus.

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

(14) "Security office": The college's campus security office.

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

(16) "Vehicle": Automobile, truck, motor-driven cycle, scooter or any vehicle otherwise powered.

(17) "Vice-president for administrative services": The vice-president for administrative services for South Puget Sound Community College, District 24.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-030, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-040
Authorization for issuance of permits.

The safety and security supervisor, or designee, is authorized to issue parking permits to students, administrators, ((faulty)) exempt employees, faculty, staff, guests and visitors to the college, pursuant to the following regulations:

(1) A person may be issued a parking permit upon the proper registration of his/her vehicle with the college.

(2) The safety and security supervisor, or a designee, may issue temporary, permanent or special parking permits when such permits are necessary to enhance the business or operation of the college.

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

(4) Persons who pay the current fee for parking permits and who later request a refund shall receive refunds according to the refund policy published in the college catalogues and bulletins. The person must first turn in the current quarter/annual permit to the cashier's office, before a refund will be issued.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-040, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-050
Parking fees for vehicle permits.

((All part-time and full-time employees and students of the college shall obtain and display a currently valid parking permit on all vehicles parked or left standing unattended upon the college campus for both day and night classes, in accordance with WAC 132X-50-040.

All persons parking on the campus shall secure and display a currently valid parking permit within five academic days from date of registration or from the first day of employment.)) All students and employees of the college wanting to park on campus shall obtain and properly display a valid parking permit as issued by the college on all vehicles parked or left standing unattended upon the college campus for both day and night classes, in accordance with WAC 132X-50-040. A valid temporary, daily, quarterly, or annual parking permit must be visibly displayed on the vehicle by the first day of the quarter. Day permits can be purchased at the pay station.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-050, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-060
Parking fee exceptions.

((All guests/visitors (including salespersons, maintenance or service personnel) will park in appropriate parking areas without paying a fee after obtaining a temporary permit from the security office.)) All guests/visitors (including salespersons, contractors or service personnel) will park in appropriate parking areas without paying a fee after obtaining a temporary permit from the security office or they may park in metered parking (all users must pay) or purchase a daily permit at the pay station(s). These exceptions include, but are not limited to:

(1) Federal, state, county, city, school district and similar governmental personnel on official business in vehicles with tax exempt licenses.

(2) Vehicles owned by contractors and their employees working on campus construction may be parked within available construction sites or areas.

(3) Members of the press, television, radio and wire services, on official business.

(4) Taxis and commercial delivery vehicles for the pick up and delivery of passengers, supplies and equipment.

(5) Persons attending special college events.

(6) ((Guests/visitors invited to the campus for the purpose of rendering services to the college.

(7) Persons holding emeritus or similar appointments shall park in designated areas.

(8) Students and faculty participating in Friday evening (after 4:30 p.m.) and/or weekend classes only. Friday evening and weekend classes are not required to obtain temporary permits.)) Guests/visitors invited to the campus for the purpose of rendering services to the college. Visitors parking spaces are reserved for visitors/guests. These spaces are time restricted and vehicles with a valid permit are not permitted to park in these spaces.

(7) Students and faculty participating in Friday evening (after 4:30 p.m.) and/or weekend classes only. Friday evening and weekend classes are not required to obtain temporary permits.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-060, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-080
Display of permits.

The parking permit issued by the college shall be visibly ((affixed on the outside of the rear window of the vehicle, for which the permit is issued, on the lower left hand corner of the window as viewed from the rear of the vehicle. If the vehicle is a convertible or has no rear window, the permit shall be affixed to the driver side rear bumper or driver side windshield lower corner)) displayed according to the instructions on the permit on or before the first day of the quarter. Motorcycle permits must be affixed in a conspicuous place.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-080, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-110
Right to refuse permit.

The ((college dean of)) vice-president for administrative services, or designee, reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the ((rights or)) parking regulations or the safety of others.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-110, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-120
Right to appeal permit revocation/refusal.

When a parking permit has been recalled pursuant to WAC 132X-50-100 or has been refused in accordance with WAC 132X-50-110 or when a fine or penalty has been levied against a violator of the rules and regulations set forth in this chapter, such action by the ((dean of)) vice-president for administrative services, or designee, may be appealed in accordance with WAC 132X-50-180.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-120, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-130
Delegation of authority.

The authority and powers conferred upon the ((dean of)) vice-president for administrative services by these regulations shall be subject to delegation to that individual's subordinates.

Campus security or their designees have the authority in appropriate circumstances to demand and receive identification in appropriate circumstances from any person on owned or rented college property.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-130, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-140
Enforcement.

(1) Parking and traffic regulations will be enforced ((at all times)) twenty-four hours a day, seven days a week, with the exception of those sections that limit enforcement (WAC 132X-50-060(7)).

(2) The ((dean of)) vice-president for administrative services, or designee shall be responsible for the enforcement of the regulations contained in this chapter.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-140, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-150
Violation of parking and traffic regulations.

(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of these regulations. All fines are payable at the cashier's office.

(2) In instances where violations are repeated((, and in the judgment of the safety and security supervisor, with appropriate documented evidence, said vehicle(s) may be impounded)) (five or more unpaid/outstanding citations); or, vehicle is parked in such a manner as to endanger the college community; or, vehicle is parked in a fire lane or other posted tow-away, said vehicle(s) may be impounded and or immobilized.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-150, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-160
Issuance of traffic tickets or summons.

(1) Upon probable cause to believe that a violation of these regulations has occurred, the safety and security supervisor or designee(s), may issue a warning or citation ((setting forth the date, the approximate time, permit number, license information and nature of violation)).

(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/owner or by mailing the citation.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-160, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-170
Fines and penalties.

The safety and security supervisor, or designees, is authorized to impose the following fines and penalties for violation of the regulations contained in this chapter:

(1) Fines may be levied for all violations of the regulations contained in this chapter.

(2) 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)), immobilized or may be impounded and taken to such place for storage as the safety and security supervisor, or designee, selects. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.

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

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

(5) At the discretion of the dean of administrative services, 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.

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

(7) A schedule of fines shall be set by the board of trustees. The schedule shall be published by the college in the parking and traffic regulations and on the traffic parking citation form.

(8) 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 administrative services 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.

(9) The following violations will be assessed in accordance with the fees and fines schedules as established by the board of trustees:

(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

(h) Blocking or obstructing traffic (may be towed if creating a safety hazard)

(i) Parking adjacent to fire hydrant (may be towed if creating a safety hazard)

(j) Parking in fire lane (may be towed if creating a safety hazard)

(k) Parking in zone or area marked no parking

(l) Driving wrong way on a one-way roadway

(m) Failure to yield right-of-way

(n) Exceeding the posted speed limit or a condition warrant

(o) Failure to stop at sign or signal

(p) Improper lane change

(q) Reckless or negligent driving

(r) Other violations of college parking/traffic regulations and its objectives.)) The college shall not be liable for loss or damage of any kind resulting from immobilizing or impounding and storage of vehicles.

(4) Vehicles involved in violations of these regulations may be impounded or immobilized with a wheel lock as provided for in these regulations.

(5) A schedule of fines shall be set by the board of trustees.

(6) In the event a person fails or refuses to pay an uncontested fine which has been outstanding, the vice-president for administrative services or designee, shall initiate the following actions:

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

(b) Students will not receive a degree/diploma or grades until all fines are paid.

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

(d) Staff, administrator or faculty members with outstanding fines may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures, such as garnishing wages may be used.

(7) The following violations will be assessed in accordance with the fees and fine schedules as established by the board of trustees:

(a) No valid permit displayed.

(b) Metered parking violation.

(c) No parking zone/area (not designated for parking).

(d) Carpool violation.

(e) Blocking vehicles/roadway.

(f) Parked in a fire lane.

(g) Disabled parking violation.

(h) Visitor parking violation.

(i) Occupying more than one space.

(j) Other parking violations of the college's parking regulations and its objectives.

(k) Driving wrong way on a one-way roadway.

(l) Failure to yield right of way.

(m) Exceeding the posted speed limit or as conditions warrant.

(n) Failure to stop at sign or signal.

(o) Improper lane change.

(p) Reckless driving.

(q) Other violations of the college's traffic regulations and its objectives.

(r) Wheel lock removal fee.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-170, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-180
((Grievance)) Appeals proceedings -- Appeal of fines and penalties.

(1) The alleged violator must submit the ((grievance)) appeal in writing, giving full particulars, listing witnesses, evidence, etc.

(2) ((Grievance must be submitted to the dean of students within five days from date of citation.

(3) If grievance 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 to appeal to the parking advisory committee.)) The appeal must be submitted to the security office within five days from date of citation.

(3) If the appeal is not resolved to the satisfaction of the alleged violator, he or she shall have five additional days from receipt of the decision by the security office to appeal to the vice-president for administrative services.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-180, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-190
Parking advisory committee.

The parking advisory committee shall be structured and responsible for the following purposes:

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

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

(3) Membership shall consist of:

Four student representatives (two in student senate) appointed by the president of the associated students of South Puget Sound Community College

Two faculty representatives - appointed by faculty president of the college

One classified representative - elected by simple majority of voting classified staff

Dean of administrative services - ex officio.)) Membership shall consist of:

Four student representatives appointed by the president of the associated students of South Puget Sound Community College.

Two faculty representatives - appointed by faculty president of the college.

One classified representative - elected by simple majority of voting classified staff.

Vice-president for administrative services - ex officio.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-190, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-210
Designation of parking.

The parking spaces available on campus may be allocated and designated by the ((dean of)) vice-president for administrative services in such a manner as will best achieve the objectives of these rules and regulations.

(1) ((Special)) Provisions ((shall)) will be made for ((physically)) disabled employees, visitors, and students((, or their designee)). ((Physically)) The college will meet or exceed the Americans with Disabilities Act requirement as to the number of disabled spaces available. Disabled individuals utilizing ((handicapped)) disabled parking spaces must display in that vehicle a valid state issued disabled parking permit or license plate. ((Temporarily handicapped permits will be issued by the safety and security supervisor.)) In addition to the disabled permit, a valid college parking permit((s)) must be purchased and displayed on the vehicle.

(2) Visitors parking shall be limited to spaces so designated.

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

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-210, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-230
Regulatory signs, markings, barricades, etc.

The ((dean of)) vice-president for administrative services, or designee, is authorized to make and erect signs, barricades, and other structures and to paint marks and other directions upon the streets, entry/exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, or maintained by the college. Drivers ((or)) of vehicles shall observe and obey all the signs, barricades, structures, markings and directions given them by the campus security officer in the control and regulation of traffic and parking.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-230, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-240
Speed limit.

No vehicle, except for emergency vehicles, shall be operated on the campus at a speed in excess of twenty miles per hour, or such slower speed as is reasonable and prudent to the circumstances. No vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities. Exception((s)) may be granted by the ((dean of)) vice-president for administrative services.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-240, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-260
Two-wheeled motorbikes or bicycles.

(1) All two-wheeled vehicles powered by an engine shall park in areas designated for motorcycles only and will not use spaces assigned to automobiles or bicycles. All motorcycles parked on campus must purchase a parking permit.

(2) Bicycles and other nonengine powered cycles are to be parked in bicycle racks where provided. No person shall park a bicycle 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. Bicycles and motorcycles may be cited, immobilized or impounded if in violation of this section.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-260, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-270
Report of accidents.

(1) The operator of any vehicle involved in an accident on campus resulting in injury or death of any person or claimed damage to either or both vehicles exceeding five hundred dollars shall immediately report such accident to the security office. The operator shall within twenty-four hours after such ((accident file a state of Washington motor vehicle report.

(2) Other minor accidents may be reported to the security office for insurance record purposes)) an accident file all required state of Washington vehicle collision reports.

(2) Other minor accidents may be reported to the security office.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-270, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-280
Disabled and inoperative vehicles -- Impounding.

(((1) Disabled or inoperative vehicles shall not be parked on the campus for a period exceeding seventy-two hours, without authorization from the dean of administrative services, or designee.

(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.)) (1) Disabled or inoperative vehicles shall not be parked on the campus for a period exceeding twenty-four hours, without authorization from the vice-president for administrative services, or designee.

(2) Vehicles parked more than forty-eight hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

(3) The security office will attempt to contact the owners and/or operator and advise that vehicle will be impounded, if not removed.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-280, filed 10/18/88.]

OTS-2936.5


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-010
Preamble.

((Unless otherwise limited by this chapter, students have the same fundamental rights as all citizens. These rules shall be liberally construed to eliminate procedural impediments to discipline.)) South Puget Sound Community College is dedicated not only to learning and the advancement of knowledge but also the development of ethically sensitive and responsible persons. It seeks to achieve these goals through a sound educational program and policies concerning conduct that encourage independence and maturity while strengthening the spirit of mutual cooperation and responsibility shared by all members of the college community. Sharing goals held in common, the students, faculty, and staff of South Puget Sound Community College are joined in voluntary association in an educational community.

The student is, first of all, a member of the community at large, and as such, is entitled to the rights and responsibilities of any citizen of comparable age and maturity. In addition, students, as members of the college, are in the unique position of being citizens of two communities, subject to the regulations imposed by both and accountable to both. South Puget Sound Community College expects that students will respect the laws of the greater society. As an agency of the state of Washington, the college must respect and adhere to the regulations established by local, state, and federal authorities. As an educational institution, it has the added responsibility for assisting students in gaining an understanding of the law and its function, and the responsibilities imposed upon each individual in a democratic society to respect and support the legal structure which protects the individual and the society. As a functioning organization, it also has the responsibility to develop a set of regulations to assure the orderly conduct of the affairs of the college.

Admission to the college carries with it the expectation that students will conduct themselves as responsible members of the college community, that they will comply with the rules and regulations of the college, maintain high standards of integrity and honesty, respect the rights, privileges and property of other members of the college community and will not interfere with legitimate college affairs.

An atmosphere of learning and self-development is created by appropriate conditions in the college community. The rights and responsibilities in this document are critical ingredients in the free, creative, and spirited educational environment to which the students, faculty and staff at South Puget Sound Community College are committed.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-010, filed 10/18/88.]


NEW SECTION
WAC 132X-60-015
Definitions.

As used in this Code of Student Rights and Responsibilities the following words and phrases shall mean:

(1) SPSCC senate means the representative governing body for students at South Puget Sound Community College recognized by the board of trustees.

(2) Assembly means any overt activity engaged in by two or more persons, the object of which is to gain publicity, advocate a view, petition for a cause or disseminated information to any person, persons or group of persons.

(3) Board means the board of trustees of Community College District 24, state of Washington.

(4) College means South Puget Sound Community College located within Community College District 24, state of Washington.

(5) College facilities means and includes any or all real and personal property owned or operated by the college and shall include all buildings and appurtenances affixed thereon or attached thereto.

(6) College personnel refers to any person employed by Community College District 24 on a full-time or part-time basis, except those who are faculty members.

(7) Disciplinary action means and includes dismissal or any lesser sanction of any student by the vice-president for student services, the student hearing committee, college president, or the board of trustees for the violation of any of the provisions of the code of student rights and responsibilities for which such sanctions may be imposed.

(a) The college president or designee shall have the authority to take any disciplinary action including the authority to suspend any student of the college for a period not to exceed ten academic calendar days.

(b) The college president or designee shall have the authority to take any disciplinary action including the authority to dismiss any student of the college.

(8) District means Community College District 24, state of Washington.

(9) Faculty member(s) means any employee of South Puget Sound Community College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments.

(10) President means the duly appointed chief executive officer of South Puget Sound Community College, District 24, state of Washington, or in his/her absence, the designee.

(11) Recognized student organization means and includes any group or organization composed of students which is recognized formally by the student government of the college.

(12) A sponsored event or activity means any activity that is scheduled by the college and is supervised and controlled by the college's faculty members or college personnel. Such sponsorship shall continue only as long as the event is supervised and controlled by the college faculty member or college personnel. When the sponsored event or activity is of a prolonged nature, and free time periods are permitted to the students participating in the event, any activity taking place during such a free time period outside of the supervision and control of the college's faculty member or college personnel responsible for the event or activity shall be deemed to be a nonsponsored activity.

(13) Student, unless otherwise qualified, means and includes any person who is enrolled for classes or formally in the process of applying for admission to the college.

[]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-020
Jurisdiction.

((These rules apply to students engaged in or present at any on-campus or off-campus college-related activity. A student's off-campus conduct may be considered in determining discipline.)) All rules herein adopted shall apply to every student whenever said student is present upon or in any college facility and whenever said student is present at or engaged in any college sponsored activity or function which is held on or in noncollege facilities not open to attendance by the general public.

Persons aiding or abetting a student's breach of this code shall be subject to having their privilege removed as to remaining on college property or engaging in college-sponsored activities, and/or appropriate disciplinary action pursuant to HEPB rules or faculty and administrative rules and regulations of conduct. If the privilege to remain on campus is revoked, trespassers shall be subject to possible arrest and prosecution under the state criminal trespass law.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-020, filed 10/18/88.]


NEW SECTION
WAC 132X-60-035
Authority to prohibit trespass.

(1) The college president is authorized in the instance of any event that the college president deems impedes the movement of persons or vehicles or which the college president deems to disrupt or threatens to disrupt the ingress and/or egress of persons from college facilities, and the college president acting through the vice-president for student services, or such other designated person, shall have the authority and power to:

(a) Prohibit the entry of, withdraw the license or privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

(b) Give notice against trespass to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering onto or remaining upon all or any portion of a college facility; or

(c) Order any person, persons or group of persons to leave or vacate all or any portion of a college facility.

(2) Any student who shall disobey a lawful order given by the campus president or designee pursuant to the requirements of subsection (1) of this section shall be subject to disciplinary action.

[]


NEW SECTION
WAC 132X-60-037
Freedom of access to higher education.

Students are free to pursue their educational goals; appropriate opportunities for learning in the classroom and on the campus shall be provided by the district. The college shall maintain an open-door-policy, to the end that no student will be denied admission because of the location of the student's residence, or because of the student's educational background or ability; that, insofar as is practical in the judgment of the board, curriculum offerings shall be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing courses of study, will be considered, known and recognized equally as members of the student body: Provided, That the administrative officers of the college may deny admission to a prospective student or attendance to an enrolled student, if, in their judgment, the student would not be competent to profit from the curriculum offerings of the community college, or would, by the student's presence or conduct, create a disruptive atmosphere within the community college inconsistent with the purposes of the institution.

[]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-040
Freedom of association and organization.

Students are free to organize and join associations to promote any legal purpose. Student organizations must be granted a charter by the associated students of South Puget Sound Community College senate before they may be officially recognized. Prior to becoming chartered, a student organization must submit to the associated students of South Puget Sound Community College senate a statement of purpose, criteria for membership, a statement of operating rules or procedure, and the names of college personnel who have agreed to serve as an advisor. All chartered student organizations must also submit to the associated students of South Puget Sound Community College senate a list of officers and keep that list updated when changes occur. In order to qualify for issuance of a charter, a student organization must be open to all students without respect to race, ((sex, creed, or national origin)) gender, religion, age, nationality, or sexual orientation. Affiliation with a noncampus organization shall not be grounds for denial of charter provided that other conditions for charter issuance have been met.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-040, filed 10/18/88.]


NEW SECTION
WAC 132X-60-045
Freedom of expression.

Fundamental to the democratic process are the rights of free speech and peaceful assembly. Students and other members of the college community shall always be free to express their views or support causes by orderly means which do not disrupt the regular and essential operations of the college.

Concomitantly, while supporting the rights of students and other members of the college community, the college recognizes the responsibility to maintain an atmosphere on campus conducive to a sound educational endeavor.

Persons expressing their opinion may not interfere with vehicular or pedestrian traffic or interfere with or disrupt the processes of the college.

[]


NEW SECTION
WAC 132X-60-046
Student participation in college governance.

As members of the college community, students will be free, individually and collectively, to express their views on college policy, and on matters of general interest to the student body. The ASB-SPSCC constitution and the college's administrative procedures provide clear channels for student participation in the formulation and application of institutional policies regarding academic and student affairs. Individuals affected by a policy shall have a representative voice in the formulation of that policy.

[]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-050
Student records.

In compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and its implementing regulations, 45 CFR 99, this policy has been created to insure confidentiality of student records at the college and govern the release of personally identifiable information contained within.

(1) Education records. Education records are defined as those records, files, and documents containing information directly pertaining to a student. At South Puget Sound Community College these are:

(a) Records pertaining to admission, advisement, registration, grading and progress to a degree that are maintained by ((the registrar)) enrollment services.

(b) Testing information used for advisement purposes by the counseling center.

(c) Information concerning payment of fees as maintained by the treasurer.

(d) Financial aid information as collected by the financial aid office.

(e) Information regarding students participating in student government or athletics that is maintained by the student programs office.

(2) Access to education records. Students who are or have attended the college have the right to examine or review their personal records, as defined above, by submitting to the registrar a written request indicating education records to which access is desired.


((Note: Charges for reproduced copies of education records are found in the current catalog.))

(3) Directory information. The following information is considered "directory information" and thus may be disclosed without consent of the student, unless otherwise directed by the student, at any time, to the registrar in writing: The student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, ((honor roll)) academic honors, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) Disclosure from education records. In addition to directory information the college will, at its discretion, make disclosures from education records of students with the student's prior written consent or to the following listed parties:

(a) College officials including college administrative and clerical staff, faculty, and students where officially elected or appointed to the ((ASSPSCC)) ASB-SPSCC senate or employed by the college. Access or release of records to the above is permissible only when the information is required for the advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consonant with their specific duties and responsibilities.

(b) To officials of another school in which the student seeks or intends to enroll.

(c) To authorized federal, state, or local officials as required by law.

(d) In connection with financial aid for which the student has applied or received.

(e) To accrediting organizations, or organizations conducting studies for or on behalf of the institution.

(f) To appropriate parties in a health or safety emergency.

(g) To persons in compliance with a judicial order or a lawfully issued subpoena, provided that the college first makes a reasonable effort to notify the student.

(h) To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954, upon receipt of a written affidavit stating that the student is a dependent for income tax purposes. This, however, will not affect the other rights of the student.

In cases where consent of the student is required for release of education records, the student shall in writing, signed and dated by the student, specify: The records to be disclosed, the purpose or purposes of the disclosure, and the name of the party or parties to whom the disclosure can be made.

When personally identifiable information is released without prior consent of the student, other than directory information and information released to college officials or the student, the college official in charge of these records will record the names of the parties who have requested information from educational records and the nature of the interest in that information.

Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student. The college is not precluded from permitting third party disclosures to other parties listed in (a) through (h) of this subsection.

(5) Challenge of education records. Students who believe that information contained in their education records is inaccurate, misleading or violates the privacy or other rights of the student may request in writing to the appropriate college official that the college amend their record(s). The college official(s) will make every effort to settle disputes through informal meetings and discussion with the student.

In instances where disputes regarding contents of education records cannot be resolved by the parties concerned, the college official involved shall advise the student of the right to a hearing by the academic standards committee through a written request to the ((director of admissions and records)) administrator for enrollment services. Should the academic standards committee deem that the education records in question are inaccurate or misleading, the committee can ask that the records be amended by the appropriate college official. If the education records are held to be accurate, the student shall be granted the opportunity to place within those records a personal statement commenting upon the information contained within.

Each eligible student is afforded the right to file a complaint concerning alleged failures by the college to comply with the requirements of the act. The address of the office designated to investigate, process, and review violations and complaints which are filed is:


The Family Educational Rights and

Privacy Act Office (FERPA)

Department of Health, Education

and Welfare

330 Independence Avenue S.W.

Washington, D.C. 20201


Copies of the Federal Register pertaining to the Family Education Rights and Privacy Act may be obtained from:


Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-050, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-060
Student publications.

The college will establish a student publications policy relating to officially sponsored publications and create a student publications board charged with the enforcement of the policy. The publications board shall be composed of an administrator and three faculty appointed by the college president, ((two faculty,)) and three students appointed by the associated student body president. These students shall not, while serving on the board, hold any student publications position appointed by the student publications board and shall not serve on any superior budgetary body.

The student publications policy shall protect the students' freedom to deal with any ideas and to express any opinions in the student publications without fear of their censorship. Editors and managers of student publications are protected from arbitrary suspension and removal. Only for proper and stated causes, as outlined in the statement of purpose or philosophy adopted for each student publication, should editors and managers be subject to removal and then by orderly and prescribed procedures.

((At the same time, the student publications policy shall charge the student editors and managers with corollary responsibilities to be governed by the canons of responsible journalism.)) The student editors and managers must practice responsible journalism and have freedom of expression as outlined in the "South Puget Sound Community College Student Publications Code" June 1999, Article I, A and B.

The operational responsibilities of the publication board are outlined in the "South Puget Sound Community College Student Publications Code" June 1999, Article IX:

(1) Appointment of each publication's editor.

(2) Reviewing budget requests of each student publication, prior to the submittal of those requests, recommending action on funding.

(3) Review any complaints pertaining to student publications.

(4) Resolve complaints about student editors and managers.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-060, filed 10/18/88.]


NEW SECTION
WAC 132X-60-065
Distribution and posting of materials.

Permission for posting of literature on college property shall be obtained from the following officials:

(1) The associate dean of students-programs and activities for posting on restricted posting areas in the student center, hallways, within buildings and those areas located on the campus outside of college buildings.

(2) Posting on campus will be approved on campus by student programs. Exceptions to this are instruction announcements, cancellations, class changes, grade posting, etc., registration information, or construction posting by administrative services.

Permission for the dissemination or distribution of materials in other areas of the college campus, buildings, or facilities shall be obtained from the appropriate vice-president.

No posting will be allowed on railings unless paint protection devices are used.

Only nonprofit, nonreligious organizations will be allowed to advertise on campus. An exception is career days or hiring firms on campus.

No posting of commercial, secular, or obscene materials.

No notes on trees or tacked to the gazebo at Percival Creek.

Any item posted must have the identity of the local sponsor on its face. Posting on windows with the exception of instruction and administrative notices put up with nonadhesive tape is not to be allowed.

[]


NEW SECTION
WAC 132X-60-075
Commercial and promotional activities.

Commercial solicitations, advertising or promotional activities may operate only with provisional approval as granted under the guidelines below.

(1) Informal sales between employees are acceptable as long as care is taken to not interfere with college operations or employee work schedules.

(2) Vendor sales to students in classrooms as a part of a class are acceptable upon approval of the vice-president - instruction.

(3) Vendor sales to students as a part of a student activity or club function are acceptable upon approval of the vice-president - student services.

(4) Vendor sales other than the above may be approved by the vice-president - administrative services.

Remember, no college employee should ever, on his/her own behalf sell anything to a student that relates to any college activity.

[]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-080
Student complaints and grievances.

The purpose of these procedures is to establish a process where a student may express and resolve misunderstandings, complaints or grievances with any college employee in a fair and equitable manner. This procedure emphasizes an informal resolution.

A complaint is any expression of dissatisfaction with the performance of a college employee or procedure. The student((s)) who ((have)) has a complaint about an action of a college employee should use the following procedure:

(1) Initiating a nonacademic complaint:

(a) The student and the college employee should make a good faith effort to resolve the grievance on a one to one basis within fifteen instructional days from the date of the complaint. In the event of absence from campus by the employee, the student shall contact the organizational unit administrator for advice on how to proceed with the complaint. If the student feels that he/she cannot meet face-to-face with the employee he/she may directly contact the organizational unit administrator.

(b) If the student determines that a complaint cannot be resolved appropriately with the employee concerned, the student may contact the organizational unit administrator of the employee to facilitate a solution to the grievance.

(c) If a complaint filed with the appropriate organizational unit administrator has not been resolved, the student may proceed with a formal complaint.

(2) Proceeding with a formal complaint:

(a) Office to address: Complaints regarding an instructional employee or policy shall be addressed to the ((dean)) vice-president of instruction or designee. Complaints regarding an administrative services employee or policy shall be addressed to the ((dean)) vice-president of administrative services or designee. Complaints regarding student services employees or other college personnel shall be addressed to the ((dean)) vice-president of student((s)) services or designee.

(b) The ((dean)) vice-president/designee shall discuss with the student the concerns and options available to resolve the concern. If the student should elect to proceed with the formal complaint the student must outline in writing the complaint, identifying dates and persons involved as accurately as possible.

(c) The ((dean)) vice-president shall also inform the student that the student may ask the ((dean of)) vice-president for student((s)) services or another person the student chooses to act as an advocate in assisting the student in the completion of the complaint process.

(d) The student's written complaint shall be forwarded to the employee concerned who shall provide a written response within ten instructional days.

(e) If the written response does not resolve the complaint to the satisfaction of the student, the ((dean)) vice-president shall convene a conference of all the involved parties within ten instructional days to (i) attempt to resolve to the satisfaction of all parties the complaint and/or (ii) hear the issue(s) and take appropriate action(s) to resolve the complaint.

(f) Action taken by the ((dean)) vice-president, if any, may be appealed to the president, and must be done in writing within ten instructional days. The decision of the president is final.

(3) Discrimination grievances:

Students who believe they have been discriminated against as defined in Title VII and Title IX of the Higher Education Act or Section 504 of the Handicapped Assistance Act may file a grievance through the human resources office.

(4) Academic grievances:

Students with an academic grievance should first contact the instructor and attempt to resolve the issue(s). If unable to resolve the issue(s), the student should contact the appropriate division chair. If still unable to resolve the issue(s), the student should contact the vice-president for instruction. The decision of the vice-president shall be final.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-080, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-090
Violations.

Any student shall be subject to disciplinary action who, either as a principal actor or aider or abettor commits any of the following which are hereby prohibited:

(1) Abusive conduct: Physical and/or verbal abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on college-owned or controlled property or at college-sponsored or supervised functions.

(2) Destroying or damaging property: Malicious damage to or malicious misuse of college property, or the property of any person where such property is located on the college campus.

(3) Dishonesty: All forms of dishonesty including: Cheating; plagiarism; knowingly furnishing false information to the college; intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency, on college premises or at any college-sponsored activity; forgery; alteration or use of college documents or instruments of identification with intent to defraud.

(4) Disorderly conduct: Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college.

(5) Drugs: Using, possessing, furnishing, or selling any narcotic or dangerous drug as those terms are used in Washington statutes, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical ((doctor or dentist)) practitioner.

(6) Inciting others: Intentionally inciting others to engage in any prohibited conduct as defined herein, which incitement directly leads to such conduct. Inciting is the advocacy which prepares the group or individual addressed for immediate action and compels that individual or group to engage in the prohibited conduct.

(7) Insubordination: Failure to comply with lawful directions of college personnel acting in performance of their lawful duties.

(8) Liquor: Possessing, consuming, or furnishing of alcoholic beverages on college-owned or controlled property or at college-sponsored or supervised functions where prohibited by law.

(9) Theft: Theft or conversion of college property or private property.

(10) Trespass/unauthorized presence: Entering or remaining unlawfully, as defined by state law, or using college premises, facilities, or property, without authority.

(11) Sexual harassment: It is the policy of the college that employees and students must be allowed to work and learn in an environment free from sexual harassment. Sexual harassment is expressly prohibited and will not be tolerated.

Sexual harassment is unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of sexual favors, or other verbal or physical conduct of the sexual nature of employees toward students, supervisors toward supervisees, students toward students, or students toward employees.

Complaints of sexual harassment should be made orally or in writing to the vice-president for human resources (cases involving staff) or the vice-president for student services (cases involving students). Complaints should be reported promptly (within thirty days) in order to help ensure effective investigation and resolution. Complaints will be promptly investigated in a full and fair manner. The vice-president for human resources, serving as the college's affirmative action officer, is ultimately responsible for ensuring resolution of any sexual harassment complaints.

Anyone who is found to have violated this policy is subject to the normal and applicable disciplinary procedures of the college.

(12) Weapons: Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(((12))) (13) Computers - misuse of technology: Use of college computers and/or computer programs for any purpose other than legitimate college business.

(14) Other violations: Students may be accountable to both civil authorities and to the college for acts which constitute violations of federal, state, or local law as well as college rules and policy. The college may refer any such violation to civilian authorities for disposition.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-090, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-100
Initial disciplinary proceedings.

(1) Initiation of disciplinary action. Anyone may report, orally or in writing, violations to the ((dean of students)) vice-president for student services, or designee, who may initiate disciplinary action.

(2) Notice requirements. Any student charged with a violation shall receive written notice delivered to the student personally or by registered or certified mail to the student's last known address no later than two weeks after a reported violation. The notice shall not be ineffective if presented later due to student's absence. Such notice shall:

(a) Inform the student that a report has been filed alleging that the student violated specific provisions of college policy and the date of the violation; and

(b) Set forth those provisions allegedly violated; and

(c) Specify the exact time and date the student is required to meet with the ((dean of students)) vice-president for student services; and

(d) Specify the exact time, date, and location of the formal hearing with the student judicial board, if one is required; and

(e) Inform the student that he/she may question witnesses, that he/she may have anyone appear in his/her behalf to defend him/her, that he/she may have a maximum of three character witnesses appear in his/her behalf; and

(f) Inform the student that failure to appear at either of the appointed times at the ((dean of student's)) vice-president for student services' office or at the hearing may subject the student to suspension from the institution for a stated or indefinite period of time.

(3) Meeting with the ((dean of students)) vice-president for student services.

(a) At the meeting with the ((dean of students)) vice-president for student services the student shall be informed of the provision of the code of student rights and responsibilities that are involved, that the student may appeal any sanction imposed by the ((dean of students)) vice-president for student services and that if a hearing with the student judicial board is required the student may have that hearing open to the public.

(b) After considering the evidence in the case and interviewing the student or students involved, the ((dean of students)) vice-president for student services may take any of the following actions:

(i) Terminate the proceedings exonerating the student or students; or

(ii) Impose disciplinary sanctions as provided for in WAC 132X-60-120; or

(iii) Refer the matter to the student judicial board for appropriate action.

(c) A student accused of violating any provision of college policy shall be given immediate notification of any disciplinary action taken by the ((dean of students)) vice-president for student services.

(d) No disciplinary action taken by the ((dean of students)) vice-president for student services is final unless the student fails to exercise the right of appeal as provided for in these rules.

(4) Student judicial board.

(a) Composition. The college shall have a standing student judicial board composed of nine members, who shall be chosen and appointed to serve as a standing committee until their successors are appointed. The membership of the board shall consist of three members of the administration, excepting the ((dean of students)) vice-president for student services, appointed by the president; three faculty members appointed by the faculty organization; and three students appointed by the associated students of South Puget Sound Community College senate. Any student entitled to a hearing before the student judicial board shall choose, in writing, five members of the board to hear and decide the appeal or disciplinary case, provided, the student must choose at least one student, one faculty member and one member of the administration from the nine member board. In the event that unforeseen circumstances prevent a previously selected board member from attending the hearing, the student must choose a replacement from among the balance of the standing committee.

(b) Hearing procedures.

(i) The five members of the student judicial board will hear, de novo, all disciplinary cases appealed to the committee by the student or referred to it by the ((dean of students)) vice-president for student services.

(ii) The five members of the student judicial board shall elect from among themselves a chairperson for the purpose of presiding at the disciplinary hearing.

(iii) The student shall be given written notice of the time, date, and location of the hearing; the specific charges against him/her; and shall be accorded reasonable access to the case file, which will be retained by the ((dean of students)) vice-president for student services.

(iv) Hearings will be closed to the public except for the ((dean of students)) vice-president for student services and/or designee, immediate members of the student's family, and the student's representative. An open hearing may be held, in the discretion of the chairperson, if requested by the student. All parties, the witnesses, and the public shall be excluded during the student judicial board's deliberations.

(v) The chairperson shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson or committee advisor may be excluded from the proceedings and may be subject to disciplinary action as set forth in this policy.

(vi) The student may question witnesses, bring an advocate to defend him/her, and have a maximum of three character witnesses appear on his/her behalf.

(vii) The burden of proof shall be on the ((dean of students)) vice-president for student services who must establish the guilt of the student by a preponderance of the evidence.

(viii) Formal rules of evidence and procedure shall not be applicable in disciplinary proceedings conducted pursuant to this code. The chairperson shall admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.

(ix) The ((dean of students)) vice-president for student services may appoint a special presiding officer to the student judicial board in complex cases or in any case in which the respondent is represented by legal counsel. Special presiding officers may participate in committee deliberations but shall not vote.

(x) In order that a complete record of the proceeding, including all evidence presented, can be made, hearings may be tape-recorded or transcribed. If a recording or a transcription is not made, the decision of the student judicial board must include a summary of the testimony and shall be sufficiently detailed to permit appellate review.

(xi) After considering the evidence in the case and interviewing the student or students involved, the student judicial board shall decide by majority vote whether to:

(A) Terminate the proceedings exonerating the student(s); or

(B) Impose disciplinary sanctions as provided in WAC 132X-60-120.

(xii) Final decisions of the student judicial board, including findings of fact or reasons for the decision, shall be delivered to the student personally or by registered or certified mail to the student's last known address and a copy filed with the office of the ((dean of students)) vice-president for student services.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-100, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-110
Appeals of disciplinary action.

(1) Appeals of disciplinary action(s) shall be taken in the following order:

(a) Disciplinary action taken by or at the recommendation of the ((dean of students)) vice-president for student services or designated representative may be appealed to the student judicial board.

(b) Disciplinary decisions and action taken by the student judicial board may be appealed by the student to the president.

(2) All appeals by a student must be made in writing to the ((dean of students)) vice-president for student services within ten calendar days after the student has been notified of the action from which he/she has a right of appeal to the student judicial board or the president.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-110, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-120
Disciplinary sanctions.

(1) Warning. Notice to a student, either verbally or in writing, that the student has been in violation of college rules or regulations or has otherwise failed to meet the college's standards of conduct. Such warnings will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.

(2) Reprimand. Formal action censuring a student for violation of the college rules or regulations or has otherwise failed to meet the college's standards of conduct. Reprimands shall be made in writing to the student as appropriate by the ((dean of students)) vice-president for student services or the student judicial board with copies filed in the office of the dean of students. A reprimand will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.

(3) Fines. The ((dean of students)) vice-president for student services and/or the student judicial board may assess monetary fines up to a maximum of one hundred dollars per violation against individual students for violation of college rules and regulations or for the failure to meet the college's standards of conduct. Failure to pay such fines within thirty days will result in suspension for an indefinite period of time as set forth in subsection (6) of this section, provided that a student may be reinstated upon payment of the fine.

(4) Restitution. An individual student may be required to make restitution for damage or loss to college or other property and for injury to persons. Failure to make restitution within thirty days will result in suspension for an indefinite period of time as set forth in subsection (6) of this section, provided that a student may be reinstated upon payment.

(5) Disciplinary probation. Formal action placing conditions upon the student's continued attendance for violations of college rules or regulations or other failure to meet the college standards of conduct. Written notice of disciplinary probation will specify the period of probation and any condition, such as limiting the student's participation in extracurricular activities or access to specific areas of the college's facilities. Copies of the notice shall be kept on file in the office of the ((dean of students)) vice-president for student services and in the student's official educational records. 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.

(6) Suspension/dismissal. Temporary, indefinite, or permanent dismissal from the college of a student for violation of college rules and regulations. The notification suspending a student will indicate, in writing, the term of the suspension and any special conditions which must be met before readmission. Copies of the notification shall be kept on file in the office of the ((dean of students)) vice-president for student services and in the student's official education record.

Refund of fees for the quarter in which disciplinary action is taken shall be in accord with the college's refund policy.

Students who are suspended from the college may be denied access to all or any part of the campus or other facility during the duration of the period of suspension.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-120, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-130
Readmission after suspension.

If the student has been suspended for an indefinite period, or feels that circumstances warrant reconsideration of the temporary suspension prior to its expiration, the student may be readmitted following approval of a written petition submitted to the ((dean of students)) vice-president for student services. Such petitions must state reasons which support a reconsideration of the matter.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-130, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-140
Summary suspension procedures.

(1) Initiation of summary suspension procedures. The ((dean of students)) vice-president for student services, or designee, may suspend any student of the college for not more than ten academic calendar days pending investigation, action or prosecution on charges of alleged violation or violations of college policy, if the ((dean of students)) vice-president for student services has reason to believe the student's physical or emotional safety and well-being, or the safety and well-being of other college community members, or the safety and well-being of the college property requires such suspension.

(2) Permission to enter or remain on campus. During the period of summary suspension, the suspended student shall not enter the campus of the college or any facility under the operation of the college other than to meet with the ((dean of students)) vice-president for student services or to attend the hearing. However, the ((dean of students)) vice-president for student services may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for the hearing.

(3) Notice of summary suspension proceedings.

(a) If the ((dean of students)) vice-president for student services or designee finds it necessary to exercise the authority to summarily suspend a student, he/she shall give the student notice, orally or in writing, stating: The time, date, place, and nature of the alleged misconduct; the evidence in support of the charge(s); the corrective action or punishment which may be imposed against the student; that anything the student says to the ((dean)) vice-president may be used against the student; and that the student may either accept the disciplinary action or, within forty-eight hours or two work days following receipt of this notification, file at the office of the ((dean of students)) vice-president for student services, a written request for a hearing by the student judicial board. If the request is not filed within the prescribed time, it will be deemed as waived.

(b) Appeal and hearing. If oral notice is given, it shall be followed by written notice within forty-eight hours or two working days. The hearing shall be accomplished according to the procedures set forth in WAC 132X-60-100. Failure by the student to appear at the hearing with the student judicial board shall result in the ((dean of students)) vice-president for student services or designee suspending the student from the college.

(c) Nothing herein shall prevent faculty members from taking reasonable summary action as may be reasonably necessary to maintain order when they have reason to believe that such action is necessary for the physical safety and well-being of the student, or the safety and protection of other students or of college property or where the student's conduct materially and substantially disrupts the educational process.

Such summary action in the form of removal from the classroom shall be effective for a period not to exceed two scheduled classroom days. Any summary action may be appealed to the ((dean of students)) vice-president for student services for an informal hearing.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-140, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-150
Emergency procedures.

In the event of activities which interfere with the orderly operation of the college, the ((dean of students)) vice-president for student services or the president, or their designees shall determine the course of action which appears to offer the best possibility for resolution of the problem. The emergency procedures outlined below will be followed if deemed essential:

(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.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-150, filed 10/18/88.]


AMENDATORY SECTION(Amending 90-13-064, filed 6/18/90, effective 7/19/90)

WAC 132X-60-160
Grounds for ineligibility.

Any student found to have violated chapter 69.41 RCW, which prohibits the unlawful sale, delivery or possession of prescription drugs, shall, after hearing, be disqualified from participation in any ((school)) college-sponsored athletic events or activities.

[Statutory Authority: RCW 28B.50.140(13). 90-13-064, 132X-60-160, filed 6/18/90, effective 7/19/90.]


AMENDATORY SECTION(Amending WSR 90-13-064, filed 6/18/90, effective 7/19/90)

WAC 132X-60-170
Initiation of ineligibility proceedings.

The ((dean of students)) vice-president for student services or his or her designee shall have the authority to request commencement of athletic ineligibility proceedings whenever he or she has reasonable cause to believe that the student has violated chapter 69.41 RCW or has been advised that the student has been convicted of a crime involving the violation of chapter 69.41 RCW. The notice of the alleged violations and proposed suspension and the opportunity for a hearing shall be given the student at least ten days before the hearing. A student convicted of violating chapter 69.41 RCW in a separate criminal proceeding may be given by the ((dean of students)) vice-president for student services or his or her designee an interim suspension pending final determination of any administrative proceeding held under these rules. Should the student desire not to go forward with the hearing, the disqualification for participation in athletic events or activities shall be imposed as set forth in the notice of hearing to the student.

[Statutory Authority: RCW 28B.50.140(13). 90-13-064, 132X-60-170, filed 6/18/90, effective 7/19/90.]


AMENDATORY SECTION(Amending 90-13-064, filed 6/18/90, effective 7/19/90)

WAC 132X-60-180
Ineligibility proceedings.

The president of the college or his or her designee shall select a presiding officer who shall be a college officer, who is not involved with the athletic program, to conduct the brief adjudicative hearing. The presiding officer shall promptly conduct the hearing and permit the affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482((-)) through 34.05.494. A written decision shall be issued within ten calendar days of the conclusion of the brief adjudicative hearing.

[Statutory Authority: RCW 28B.50.140(13). 90-13-064, 132X-60-180, filed 6/18/90, effective 7/19/90.]


NEW SECTION
WAC 132X-60-178
Noncollege speaker policy.

The trustees, the administration, and the faculty of the college subscribe to the proposition that an important aspect of the education of college students is the opportunity to listen to speakers representing a wide variety of opinions and beliefs on important public issues. In conformity with the American tradition of free speech and free inquiry, the following policies are established governing the appearance on campus of speakers not themselves members of the college community:

(1) Any recognized ASB-SPSCC student organization with the written sanction of its advisor, may ask individuals to speak on the campus subject to normal restraints imposed by considerations of common decency and the state law.

(2) The appearance of a speaker on the campus does not involve an endorsement, either implicit or explicit, of the speaker's views by the college, its students, its faculty, its administration, or its board of trustees.

(3) The scheduling of facilities for hearing invited speakers shall be made through the office of the associate dean of students - programs and activities.

(4) The associate dean of students - programs and activities or designee will be notified at least three academic calendar days prior to the appearance of an invited speaker, at which time a form (available in the student programs office) must be completed with such particulars as name of speaker, speech or discussion topic, time of appearance(s) and sponsoring organization. The form must bear the signature of the sponsoring organization's advisor. Exceptions to the three-day ruling may be made by the associate dean of students - programs and activities with the approval of the vice-president for student services.

(5) The vice-president for student services may require views other than those of the invited speaker to be presented at the meeting, or at a subsequent meeting. The campus president may assign a faculty member to preside over any meeting where a speaker has been invited.

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Washington State Code Reviser's Office