Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Discrimination complaint procedure.
Purpose: Deletes the current discrimination complaint procedure and replaces it with a new one that is more streamlined and easier to use.
Other Identifying Information: Delete WAC 132H-152-135.
Statutory Authority for Adoption: RCW 28B.50.140.
Summary: The proposed deletion of the existing discrimination complaint procedure and creation of new sections for the procedure make it easier to read and use. Rather than having all segments of the procedure in one WAC section, it is now divided into new sections which will make it easier to follow. The procedure also removes confusing language and identifies only one place to go for anyone wishing to file a complaint rather than providing unclear choices.
Reasons Supporting Proposal: All of the college's complaint procedures were reviewed and clarified to eliminate confusion and make them easier to follow and administer.
Name of Agency Personnel Responsible for Drafting: Elise Erickson, 3000 Landerholm Circle S.E., A201, Bellevue, WA 98007, (425) 564-2302; Implementation and Enforcement: Tika Esler, 3000 Landerholm Circle S.E., B125, Bellevue, WA 98007, (425) 564-2206.
Name of Proponent: Bellevue Community College, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The college is required to provide information to the general public about how complaints alleging discrimination can be filed. The existing WAC 132H-152-135 was confusing and difficult to administer. The new proposed chapter 132H-155 WAC makes it much easier for both the complainant to file a discrimination complaint and for the college to administer it.
Proposal Changes the Following Existing Rules: The current discrimination complaint filed as WAC 132H-152-135 is deleted and replaced by WAC 132H-155-010 through 132H-155-070.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Bellevue Community College, 3000 Landerholm Circle S.E., A201, Bellevue, WA 98007-6484, on May 6, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Susan Gjomesli by May 6, 2003, TDD (425) 564-4110 or (425) 564-2498.
Submit Written Comments to: Elise Erickson, Bellevue Community College, 3000 Landerholm Circle S.E., A201, Bellevue, WA 98007-6484, fax (425) 564-5600, by May 6, 2002 .
Date of Intended Adoption: June 18, 2003.
March 21, 2003
Elise J. Erickson
The following section of the Washington Administrative Code is repealed:
|WAC 132H-152-135||Discrimination complaint procedure|
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
WAC 132H-155-020 Purpose. It is the policy of Bellevue Community College to provide clear and accurate information, provide accessible services, and offer excellent educational programs and quality service.
Bellevue Community College, through its affirmative action policy and general policy on sexual harassment, and in accordance with state and federal regulations, prohibits discrimination against students and employees on the basis of race or ethnicity, creed, color, national origin, sex, marital status, sexual orientation, age, religion, the presence of sensory, mental or physical disability, or status as a disabled or Vietnam-era veteran.
BCC employees are responsible for ensuring that their conduct does not discriminate against anyone; they are expected to treat people conducting business at Bellevue Community College with respect and may expect the same consideration, in return.
If administrators or supervisors become aware that discrimination is occurring, receive a complaint, or obtain other information indicating possible discrimination, they must notify the vice president of human resources as soon as reasonably possible, to ensure that the matter is addressed, even if the problem or alleged problem is not within their area of responsibility and authority.
Complainants, individuals charged, and any witnesses are entitled to representation of their selection throughout the complaint process. The individual charged will be informed that his/her bargaining unit representative will be notified that a complaint has been filed against him/her, unless he/she requests that no notification be made.
Within seven days after the formal complaint has been filed, the individual charged, his/her immediate supervisor and the area dean/vice president will be notified that a complaint has been filed.
The complainant may request an alternate dispute resolution process prior to or in lieu of the investigatory process outlined below. The vice president of human resources or designee (the investigator) will conduct interviews with the complainant, the alleged discriminator, and any witnesses to allegations identified by the complainant and the alleged discriminator. Reasonable efforts will be made to complete such interviews within ninety days.
The report summarizing the findings of the investigation and the determination as to whether or not discrimination has occurred shall be forwarded to the appropriate area dean/vice president. Copies of the report shall be provided to the complainant, the alleged discriminator, the alleged discriminator's supervisor and the dean of student services if the alleged discriminator is a student.
The decision regarding what action to take on the complaint, including, but not limited to, appropriate corrective measures and/or disciplinary action shall be made by the area dean/vice president and reported to the complainant. Copies of the determination shall be sent to the complainant, alleged discriminator, the alleged discriminator's supervisor and the vice president of human resources. Reasonable efforts will be made to take action on the complaint within thirty days after receipt of the report. If a decision is made to take disciplinary action, such action shall be taken in accordance with appropriate college procedures and collective bargaining agreements.
If the complainant is not satisfied with the disposition of the complaint, she/he may file a written appeal to the president within ten days after notification of the disposition of the complaint. This request should include any and all additional information s/he wants the president to consider. The decision regarding the appeal, including appropriate corrective measures, shall be made in writing by the president within fifteen days after receipt of an appeal.
|Equal Employment Opportunity Commission
909 First Avenue, Suite 400
Seattle, WA 98104-1061
|Human Rights Commission
1511 Third Avenue, Suite 921
Seattle, WA 98101
|U.S. Office of Civil Rights
Department of Education
915 Second Avenue
Seattle, WA 98174-1099