Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Title 132R WAC, Community colleges -- Big Bend Community College.

     Purpose: To update and revise existing code to reflect the current college policies and procedures concerning the organization, practice and procedure, student conduct code, student athletic participation, designation of authority, policies and procedures, general conduct code, traffic and parking regulations, use of college facilities, bookstore operating procedures, library policies, residence housing policies, public records, Family Educational Rights and Privacy Act of 1974, and policy of personnel files.

     Statutory Authority for Adoption: RCW 28B.50.140 and chapter 34.05 RCW.

     Summary: Update the college's outdated Title 132R WAC so it is consistent with current federal law, current college policies, and the current needs of students, administrators, faculty and staff.

     Reasons Supporting Proposal: Update the code so it is consistent with current federal law and college policy as suggested by Attorney General's Office.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Lang, 7662 Chanute Street, Moses Lake, WA 98837, (509) 762-6240.

     Name of Proponent: Big Bend Community College, public.

     Rule is necessary because of federal law, 34 C.F.R § 99, Family Educational Rights and Privacy [Act].

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules and rule amendments to Title 132R WAC will update provisions related to the college's rules regarding the organization, practice and procedure, student conduct code, student athletic participation, designation of authority, policies and procedures, general conduct code, traffic and parking regulations, use of college facilities, bookstore operating procedures, library policies, residence housing policies, public records, Family Educational Rights and Privacy Act of 1974, and policy on personnel files. The proposed rules and amendments will help make the code consistent with current college policy and current federal law.

     Proposal Changes the Following Existing Rules:

•     New section of definitions pertaining to college operations.

•     New section explaining jurisdiction.

•     New section concerning the right to demand identification.

•     Amended section defining freedom of expression.

•     New section explaining student's freedom of access.

•     New section defining student's freedom of association and organization.

•     New section defining student's responsibility for observing laws, standards, rules, regulations, and procedures.

•     Revision of student code of conduct.

•     New section defining possible disciplinary sanctions for code of conduct violations.

•     New section defining interim discipline.

•     New section defining student petitions for readmission.

•     New section defining the role of the faculty, division chairs, deans, and the vice-president of students in administering student discipline.

•     New section describing disciplinary action procedures.

•     New section reducing the size of the disciplinary committee from four students and four faculty to two student members and two faculty members.

•     Amended sections defining disciplinary committee decisions and student appeals.

•     New section governing the maintenance of disciplinary records.

•     Amended the section providing directions for referring students for criminal prosecution.

•     Amended the section defining the Big Bend Community College (BBCC) appointing authority and delegation of that authority.

•     Amended the section defining exempt employees (changes to reflect current position titles).

•     Amended traffic and parking violations to ban parking on the lawns and the use of skateboards, skates, and in-line skates.

•     New and amended sections defining the uses of college facilities, commercial activities, guest speakers, distribution of materials, and posting of materials.

•     New section to better define violations of trespass.

•     Amended sections defining bookstore operations and the bookstore return and refund policy.

•     Amended smoking restrictions to include all college owned buildings.

•     Amended sections dealing with public records.

•     Amended sections defining educational records and directory information to coincide with current federal laws and to better define the authority to distribute those records.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A statement was not prepared because the proposed rules and amendments appear to meet the exemption provided in RCW 34.05.310.

     RCW 34.05.328 does not apply to this rule adoption. BBCC codes do not apply to significant legislative rules as defined in RCW 34.05.328. BBCC administrative code provisions are intended as policies and procedures for governing the use of facilities and participation in activities on campus or at college sponsored events.

     Hearing Location: Big Bend Community College, Lobby of the Wallenstien Theater, Building 1100, 7662 Chanute Street, Moses Lake, WA 98837, on July 8, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Ken Turner by June 25, 2003, at (509) 762-6201, TDD (509) 762-6335.

     Submit Written Comments to: Ken Turner, Vice-President, Administrative Services, Big Bend Community College, 7662 Chanute Street, Moses Lake, WA 98837, fax (509) 762-6201, by June 25, 2003.

     Date of Intended Adoption: July 8, 2003.

May 7, 2003

K. W. Turner

Vice-President

Administrative Services

OTS-6062.1

AMENDATORY SECTION(Amending WSR 90-02-016, filed 12/26/89, effective 1/26/90)

WAC 132R-01-010   Organization -- Operation -- Information.   (1) Organization. Big Bend Community College is established in Title 28B RCW as a public institution of higher education. The institution is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

     (2) Rules coordinator. The designated rules coordinator for Big Bend Community College is the vice-president, administrative services, located at the following address:

          Vice-President, Administrative Services

          Big Bend Community College

          Building 1400

          ((28th &)) 7662 Chanute Street

          Moses Lake, WA 98837-3299

     (3) Operation. The administrative office is located at the following address:

          Big Bend Community College

          Building 1400

          ((28th &)) 7662 Chanute Street

          Moses Lake, WA 98837-3299

     The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

     (4) Information. Additional and detailed information concerning the educational offerings may be obtained from the catalog, copies of which are available at the following address:

          Big Bend Community College - Admissions

          Building 1400

          ((28th &)) 7662 Chanute Street

          Moses Lake, WA 98837-3299

[Statutory Authority: RCW 28B.50.140. 90-02-016, § 132R-01-010, filed 12/26/89, effective 1/26/90.]

OTS-6063.1

AMENDATORY SECTION(Amending WSR 90-02-016, filed 12/26/89, effective 1/26/90)

WAC 132R-02-040   Application for adjudicative proceeding.   An application for adjudicative proceeding shall be in writing. Application forms are available at the following address:

          President's Office

          Big Bend Community College

          Building 1400

          ((28th &)) 7662 Chanute Street

          Moses Lake, WA 98837-3299

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

[Statutory Authority: RCW 28B.50.140. 90-02-016, § 132R-02-040, filed 12/26/89, effective 1/26/90.]

[Statutory Authority: RCW 28B.50.140. 90-02-016, § 132R-02-080, filed 12/26/89, effective 1/26/90.]

OTS-6061.1

     The rights and responsibilities of students are further defined and listed in the "student rights and responsibilities" policy adopted by the board of trustees of Big Bend Community College. Policies and procedures are fully explained in the student handbook which is on file in the office of the ((dean,)) vice-president of student services.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-04-010, filed 12/26/89, effective 1/26/90; Order 69-4, § 132R-04-010, filed 12/5/69.]

     (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 disseminate information to any person, persons or group of persons.

     (3) "Board" means the board of trustees of Community College District 18, state of Washington.

     (4) "College president" or "president" means the duly appointed chief executive officer of Big Bend Community College, Community College District 18, state of Washington, or in his/her absence, the acting chief executive officer.

     (5) "College" means Big Bend Community College located within Community College District 18, state of Washington.

     (6) "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.

     (7) "College personnel" refers to any person employed by Community College District 18 on a full-time or part-time basis, except those who are faculty members.

     (8) "Disciplinary action" means and includes suspension or any lesser sanction of any student by the vice-president of student services, student disciplinary council, college president, or the board of trustees for the violation of any of the provisions of the code of student conduct or any of the provisions of the code of student rights and responsibilities for which such sanctions may be imposed.

     (9) "District" means Community College 18, state of Washington.

     (10) "Faculty member(s)" means any employee of Big Bend 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 responsibility are comparable as determined by the appointing authority, except administrative appointments.

     (11) "Hazing" means any method of initiation into a student organization, association, or living group or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending any institution of higher education or post-secondary institution.

     (12) "Recognized student organization" means and includes any group or organization composed of students, which is affirmed by the student government of the college.

     (13) "A sponsored event or activity" means any activity that is scheduled by the college and is supervised and controlled by college faculty members or personnel. Such sponsorship shall continue only as long as the event is supervised and controlled by the college faculty member or 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 faculty member(s) or personnel, shall be deemed to be a nonsponsored activity.

     (14) "Student" means a person who is enrolled for courses at the college.

     (15) "Working days" means Monday through Friday, excluding holidays.

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     Refusal by a student to produce identification as required shall subject the student to disciplinary action.

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     (3) To insure the reconciliation of such rights and responsibilities, while respecting the private rights of all individuals, campus demonstrations may be conducted only in areas which are generally available to the public provided such demonstrations:

     (a) Are conducted in an orderly manner; and

     (b) Do not unreasonably interfere with classes, scheduled meetings or ceremonies, or with the general educational processes of the college; or

     (c) Do not unreasonably interfere with vehicular or pedestrian traffic; or

     (d) Do not unreasonably interfere with regular college functions.

     (((2))) (4) A student who conducts or participates in a demonstration which violates any provision of this rule shall be subject to disciplinary action. A nonstudent who violates any provision of the rule will be referred to civilian authorities for criminal prosecution.

[Order 69-4, § 132R-04-040, filed 12/5/69.]

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     Student organizations must be granted a charter by the college student government before they may be officially recognized. Prior to becoming chartered, a student organization must submit to the student government a statement of purpose, criteria for membership, a statement of operating rules or procedures, and the name of a faculty member who has agreed to serve as an advisor. All student organizations must also submit to the student government 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, national origin, or religion. Membership in all student organizations shall be open to any member of the college community who is willing to subscribe to the stated aims of the student organization. Affiliation with a noncampus organization shall not be grounds for denial of charter, provided that other conditions for charter issuance have been met.

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     The provisions of this section on student conduct and discipline do not apply to probation or suspension arising solely from low scholarship.

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     (1) Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college.

     (2) Violates any provisions of the code of student rights and responsibilities.

     (3) Commits any of the following acts which are hereby prohibited:

     (a) All forms of academic misconduct and dishonesty including cheating, plagiarism, knowingly furnishing false information to the college, and forgery, alteration or use of college documents or instruments of identification with intent to defraud.

     (b) Failure to comply with lawful directions of faculty, administrators and other regularly employed personnel acting in performance of their lawful duties.

     (c) Conduct which intentionally and substantially obstructs or disrupts freedom of movement, teaching, disciplinary proceedings or other lawful activities on the college campus. Said conduct may be defined as:

     (i) Behavior that involves an expressed or an implied threat to interfere with an individual's personal safety, academic efforts, employment, or participation in college activities and causes the person to have a reasonable apprehension that such interference is about to occur;

     (ii) Threat to cause bodily harm at present or in the future to any person, or to cause physical damage to another's property, or to maliciously do any act which is intended to substantially harm another person's physical or mental health or safety;

     (iii) Intentional and repeated following or contacting another person in a manner that intimidates, harasses or places another in fear for his or her personal safety or the safety of his or her property.

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

     (e) All forms of sexual misconduct which includes sexual harassment, sexual intimidation, sexual coercion, sexual assault, and rape.

     (f) All forms of hazing which endangers, or is likely to endanger, the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of admission into, affiliation with, or as a condition for continued membership in a group or college organization.

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

     (h) Refusal to comply with any lawful order to leave the college campus or any portion thereof.

     (i) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the college campus, except for authorized college purposes; unless prior written approval has been obtained from the vice-president of student services, or any other person designated by the college president.

     (j) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is that advocacy which prepares the group addressed for imminent action and steers it to the conduct prohibited herein.)

     (k) Possessing, consuming, being demonstrably under the influence of, or furnishing any form of alcoholic beverages on college-owned or controlled property or at college-sponsored or supervised functions where prohibited by the college's current alcohol policy.

     (l) Disorderly conduct, including disorderly conduct resulting from drunkenness.

     (m) Engaging in lewd, indecent or obscene behavior on college-owned or controlled property or at college-sponsored or supervised functions.

     (n) Using, possessing, furnishing or selling any narcotic or dangerous drug as defined in Washington statutes, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist.

     (o) Falsely setting off or otherwise tampering with any emergency safety equipment, alarm or other device established for the safety of individuals and/or college facilities.

     (p) Theft or conversion of college property or private property.

     (q) Entering any administrative office or any locked or otherwise closed college facility in any manner, at any time, without permission of the college employee or agent in charge thereof.

     (r) Possession, making or causing to be made, any key to operate locks or locking mechanisms on campus without proper authorization or using or giving to another, a key for which there has been no proper authorization.

     (s) Interfering with college computing or communication functions or with the work of another student, faculty member, or college official; gaining unauthorized access, altering data, misusing computing facilities to send harassing messages, or misuse of the campus network and/or computing facilities as defined by the current college technology use policy and procedures.

     (t) Disruptive classroom conduct including abusive language toward a classroom instructor and/or student and other acts of misconduct.

     (4) Single or repeated violation of the above code is relevant in determining an applicant's or a student's membership in the college.

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     (1) Minor disciplinary sanction:

     (a) "Disciplinary warning." Formal action censoring a student for unacceptable conduct or violation of college rules or regulations. The student is notified in writing of this action. Warnings imply that further unacceptable conduct or violation of rules will result in one of the more serious actions described below.

     (b) "Disciplinary probation." Formal action placing condition on the student's continued attendance for violation of specified regulations. The disciplinary probation shall specify, in writing, the period of probation and the conditions which may include conditions such as limiting the student's participation in college-related privileges or extra-curricular activities or enforcing a "no contact" order which would prohibit direct or indirect physical and/or verbal contact with specific individuals or groups. Disciplinary probation further shall give the student notice that any further misconduct will automatically raise the question of suspension from the college. Disciplinary probation shall be for a specified period of time.

     (c) "Educational activities." Activities designed to foster student development may include, but are not limited to, community service, attendance at educational programs, or written assignments.

     (d) "Restitution." Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

     (e) "Assessment." Referral for drugs/alcohol or psychological assessment may be required. Results of the assessment may lead to the determination that conditions of treatment and further assessment apply to either continued attendance or return after a period of suspension.

     (2) Major disciplinary sanction:

     (a) "Disciplinary suspension." Formal action taken by authorized personnel (the president or anyone authorized to act in the absence of the president) dismissing a student temporarily from the college for unacceptable conduct or violation of college rules or regulations. Suspension may be for a stated or for an indefinite period, but the implication of the action is that the student may eventually return if evidence or other assurance is presented that the unacceptable conduct will not be repeated. The notification suspending the student must state the conditions to be met and whether the action is to be noted permanently on the student's record. The student and vice-president of student services are notified in writing of the action taken, the terms of the suspension and any conditions involved, and the dean of enrollment services is requested to enter the action on the student's academic record. No fees will be refunded for the quarter in which the action is taken.

     (b) "Disciplinary expulsion." Discretionary action by authorized personnel dismissing a student permanently for flagrantly unacceptable conduct or violation of college rules or regulations. Unlike suspension, no term is involved, the action always becomes effective on notice. Expulsion must have the prior approval of the president. The student is notified in writing of the action taken, and the dean of enrollment services is requested to enter the action permanently on the student's academic record.

     (c) "Hold" (administrative). Attachment of a student's record to assure compliance with college rules, procedures, or obligations. The "hold" may be placed on the student's record by the authorized college office responsible for enforcement of the rule, procedure, or obligation involved. The authorized office must request the dean of enrollment services in writing to place a "hold" on the student's record. The student will not be permitted to register for any subsequent quarter nor to obtain a transcript of his/her record except on the written release of the office which placed the "hold."

     (d) "Registration canceled" (administrative). Privileges of attendance withdrawn, effective immediately on notice.

     (i) By order of the business office for financial delinquencies. (Handled as a withdrawal for recording purposes.)

     (ii) By order of the vice-president of student services for failure to comply with rules, regulations or instructions.

     The order canceling a registration must be addressed to the student involved in writing. The registration office automatically will place a "hold" on the student's record to prevent registration for future quarters and the issuance of transcripts.

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     (a) Interim restrictions, including, but not limited to, assignment to alternate college housing or removal from college housing, limitation of access to college facilities, or restriction of communication with specific individuals or groups;

     (b) Interim suspension, including temporary total removal from the college or restriction of access to campus;

     (c) Mandatory medical/psychological assessment, including referral to outside, medical professionals and/or to the mental health advisory board for assessment of the student's capability to remain in the college.

     (2) Each instructor is authorized to implement interim suspension when necessary to preserve order and to maintain effective cooperation of the class in fulfilling the objective of the course. An instructor imposing an interim suspension shall report such action, in writing, to the division chair, vice-president of student services, and vice-president of instruction.

     (3) In all cases of interim discipline, the student or student organization is entitled to personally appeal before the vice-president of student services or designee as soon as is reasonably possible. The student disciplinary review request must be submitted in writing no later than ten working days from the date of said disciplinary action.

     (4) The vice-president of student services shall conduct a meeting with the student within five working days after receipt of the disciplinary review request. As a result of the meeting between the vice-president of student services and the student, the vice-president may recommend to the president or the president's designee either continuation or termination of the interim discipline and/or initiate disciplinary procedures in accordance with WAC 132R-04-112 through 132R-04-160.

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[Order 69-4, § 132R-04-100, filed 12/5/69.]

     (a) The division chair and faculty of each division are responsible for the administration of discipline for infraction of rules and regulations of the college or for unacceptable conduct by students in matters relating to their academic progress.

     (b) The instructor is responsible for the maintenance of order and proper conduct in the classroom. He/she is authorized to impose interim suspension as may be necessary to preserve order and to maintain the effective cooperation of the class in fulfilling the objectives of the course.

     (2) The instructor of each course shall be responsible for the maintenance of order and proper student conduct in a classroom. Each instructor is authorized to impose interim suspension in order to preserve order and to maintain effective cooperation of the class in fulfilling the objective of the course. In the event of disruptive classroom conduct, academic misconduct, and/or dishonesty, the instructor may take any and all reasonable action against any student. A course of action might include, but not be limited to:

     (a) Issuing a failing grade on a particular test, paper, assignment, or course.

     (b) Dismissing the student(s) from class pending a hearing with the vice-president of student services.

     (c) Dropping the student from the course.

     (d) Referring the case to local authorities for civil action.

     (3) An instructor taking action against any student for an act of disruptive classroom conduct, academic misconduct, and/or dishonesty, shall report such action in writing to the division chair, appropriate dean, vice-president of student services, and vice-president of instructional services as soon as possible. Any student subject to action of an instructor for a code of conduct violation may seek review of that action by the vice-president of student services. The student disciplinary review request must be submitted in writing to the vice-president of student services within ten working days from the date of said disciplinary action.

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     (a) When disciplinary action is initiated by a faculty member for disruptive classroom conduct, academic misconduct, and/or dishonesty, a written report of the occurrence shall be filed with the division chair, appropriate dean, vice-president of student services, and vice-president of instruction.

     (b) All other instances of misconduct shall be reported to the vice-president of student services.

     (c) Any student accused of violating any provisions of the rules of student conduct shall be called for an initial conference with the vice-president of student services or his/her designated representative, and shall be informed of what provision of the rules of student conduct have been violated, and the maximum penalties, if any, which might result from initiation of a disciplinary proceeding.

     (2) After considering the evidence in the case and interviewing the student or students accused of violating the rules of student conduct, the vice-president of student services or his/her designated representative may take any of the following actions:

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

     (b) Dismiss the case after whatever counseling and advice may be appropriate;

     (c) Impose minor sanctions directly (warning or reprimand);

     (d) Refer the case to the disciplinary committee.

     (3) Should a disciplinary committee hearing be necessary, the student shall be notified in writing as to the date, time, place of the hearing, and charge(s), including reference to the particular sections of the rules of student conduct involved. He/she shall be permitted to examine the evidence against him/her and where pertinent shall be given the names of those who will be witnesses against him/her. In the hearing he/she may present evidence, testimonial or documentary, in his/her behalf.

     (4) The president or vice-president of student services shall notify the student in writing of the final determination on any charge of unacceptable conduct. In the case of a student under eighteen years of age who is expelled, suspended or placed on disciplinary probation, the parents or guardian of the student shall also be notified in writing. (This does not apply to emancipated minors.)

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     (2) If any member of the committee is unable to consider a particular disciplinary proceeding for any reason including a conflict of interest, such member shall be temporarily replaced by a student or faculty member as appropriate pursuant to the procedure established in this section.

     (3) The disciplinary committee shall conduct such hearing within twenty working days after disciplinary action has been referred to such committee and shall give the student charged with violation of the rules of student conduct a minimum notice of five working days of said hearing as specified within the following section. With the mutual agreement of the parties, the hearing date may be continued beyond the twenty working day limit.

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     (2) The student has a right to a fair and impartial hearing before the disciplinary committee on any charge of violating the rules of student conduct. The student's failure to cooperate with the hearing procedures hereinafter outlined, however, shall not preclude the disciplinary committee from making its findings of fact, conclusions and recommendations as provided herein.

     (3) The student shall be given written notice of the time and place of the hearing before the disciplinary committee by personal service or registered mail and be afforded not less than ((20)) five working days notice thereof. Said notice shall contain:

     (a) A statement of the time, place and nature of the disciplinary proceeding.

     (b) A statement of the charges against him/her including reference to the particular sections of the rules of student conduct involved.

     (4) The student shall be entitled to hear and examine the evidence against him/her and be informed of the identity of its source; he/she shall be entitled to present evidence in his/her own behalf and cross examine witnesses testifying against him as to factual matters.

     (5) ((If the student elects to choose a duly licensed attorney admitted to practice in any state in the United States as his counsel, he must tender three days notice thereof to the dean of student personnel services.)) The student has the right to be assisted by any (one) advisor he/she may choose, at his/her own expense. The advisor may be an attorney. The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in a hearing. The accused student can, however, speak with his/her advisor during the hearing. If the student utilizes an attorney as an advisor, the student shall give the vice-president of student services three days' notice of intent to do so.

     (6) In all disciplinary proceedings, the college may be represented by a designee appointed by the ((dean)) vice-president of student ((personnel)) services; said designee may then present the college's case against the student accused of violating the rules of student conduct, provided that in those cases in which the student elects to ((be represented by)) have a licensed attorney act as his/her advisor, the ((dean)) vice-president of student ((personnel)) services may elect to have the college represented by an assistant attorney general.

     (7) If, at the conclusion of the hearing, the committee finds that the student has committed one or more violations, and that such violations are in fact violations of a rule or rules of student conduct, the committee shall make such a finding and recommend such disciplinary action as they shall deem appropriate against the student. Prior acts of misconduct may be considered in making the recommendation for disciplinary action.

     (8) ((An adequate summary of all the evidence and facts presented to the disciplinary committee during the course of the proceeding will be taken. A copy thereof shall be available at the office of the dean of student personnel services.)) During the course of the proceeding an adequate summary of all the evidence and facts will be taken. A copy shall be available at the office of the vice-president of student services.

[Order 69-4, § 132R-04-130, filed 12/5/69.]

     (((a))) (1) That the college terminate the proceedings and exonerate the student or students;

     (((b))) (2) That the president or his/her designee impose any of the disciplinary action as provided in WAC 132R-04-150.

     (((2) The student will be provided with a copy of the committee's findings of fact and conclusions regarding whether the student did violate any rules of student conduct, and such student shall also be provided with a copy of the recommendations of disciplinary action.))

[Order 69-4, § 132R-04-140, filed 12/5/69.]

     (2) In determining whether or not to impose disciplinary action against a student, the president shall review the summary of the evidence and facts presented to the disciplinary committee((, the findings and conclusions of the disciplinary committee,)) and the recommendation of the disciplinary committee ((and)), the college president shall then determine whether or not to impose disciplinary action in any form. Prior acts of misconduct may be considered in making a decision.

     (3) ((If the college president determines to impose disciplinary action for a violation of the rules of conduct for which disciplinary action has been recommended by the disciplinary committee unless the said student waives his right to such hearing, the college president shall have authority to:

     (a) Expel such student permanently from the college; or

     (b) Suspend the right of such student to attend the college for a maximum of three consecutive academic quarters; or

     (c) Reprimand such student in writing and forward a copy of such reprimand to the guardian or parents of such student.)) Discipline may be imposed by the college president or his/her designee for violations of the rules of conduct, not only in those instances where the disciplinary committee has made recommendations after a hearing, but also in cases where the student has waived his/her right to such a hearing. Sanctions available to the president are described in WAC 132R-04-056 and 132R-04-063.

[Order 69-4, § 132R-04-150, filed 12/5/69.]

[Order 69-4, § 132R-04-160, filed 12/5/69.]

     (2) The vice-president of student services shall notify the chair and the dean of the division in which the student is enrolled and the dean of enrollment services of any disciplinary action taken, which is to be recorded on the student's official record, and shall keep accurate records of all disciplinary cases handled by, or reported to, his/her office.

     (3) The vice-president of student services shall receive and maintain certain records of all disciplinary action taken by any college employee. These records should be consulted by disciplinary authorities for records of previous misconduct before taking disciplinary action in any case.

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[Order 69-4, § 132R-04-170, filed 12/5/69.]

     The following sections of the Washington Administrative Code are repealed:

WAC 132R-04-020	Liquor.
WAC 132R-04-030	Drugs.
WAC 132R-04-035	Damaging property.
WAC 132R-04-050	Criminal violations.
WAC 132R-04-055	Classroom conduct.
WAC 132R-04-060	Commercial activities.
WAC 132R-04-070	Outside speakers.
WAC 132R-04-080	Trespass.
WAC 132R-04-090	Distribution of materials.
WAC 132R-04-110	Disciplinary action.
WAC 132R-04-120	Disciplinary committee.

OTS-6064.1

AMENDATORY SECTION(Amending WSR 90-02-017, filed 12/26/89, effective 1/1/90)

WAC 132R-05-010   Immediate suspension.   Student athletes found to have violated chapter 69.41 RCW, Legend drugs -- Prescription drugs, shall, upon conviction, be immediately suspended from participation in school-sponsored athletic events by the athletic director ((of athletics)). The period of loss of eligibility to participate will be determined by the athletic director ((of athletics)) at the conclusion of a brief adjudicative hearing(s) as detailed in the Big Bend Community College athletic handbook, to be commenced within twenty days of the suspension.

[Statutory Authority: RCW 28B.50.140. 90-02-017, § 132R-05-010, filed 12/26/89, effective 1/1/90.]

OTS-6065.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-12-010   Designation of appointing authority.   Pursuant to WAC 251-04-020(2), the position of "appointing authority" at Big Bend Community College is designated:

     (1) The president or the person occupying the position of president at Big Bend Community College is designated as the "appointing authority" for purposes of RCW 28B.50.140(14).

     (2) The president of Big Bend Community College is delegated authority by written order of the board of trustees. ((The power and duties vested in the board may be transferred in accordance with this chapter. Such delegated powers and duties may be exercised in the name of the district board.))

     (3) Pursuant to RCW 28B.10.528, the board of trustees hereby delegates to the president executive responsibility of administering the policies adopted by the board of trustees and executing all decisions of the board of trustees requiring administrative action. Pursuant to RCW 28B.50.140(14), the board expressly delegates the appointing authority in matters concerning all Big Bend Community College District 18 personnel to the president. This delegation does not include a delegation of powers related to the position of president and also excludes a delegation of powers related to decisions regarding approval or denial of faculty tenure. This delegation includes a delegation of authority to hire, terminate, suspend, reassign, discipline, or demote personnel without prior approval of the board of trustees.

     (4) The board delegates the appointing authority of the college to the persons occupying the following positions in the president's absence: Vice-president of instruction, vice-president for administrative services and vice-president of student services (hereinafter collectively referred to as "senior administrators"). The appointing authority delegated to the senior administrators shall only be exercised if the following criteria are met: The president must be absent. Absent means that the individual has taken formal medical, vacation or personal leave; is not available in person, by telephone, by pager or other reasonable means; and/or has left prior written notice indicating an "absent" status. No administrator shall exercise any authority unless all administrators preceding them on the senior administrators' order of positions list are also absent as previously defined.

     (5) Senior administrators' order of positions list:

     (a) Vice-president for administrative services;

     (b) Vice-president of instruction;

     (c) Vice-president of student services;

     The senior administrators who are able to establish that the president and other administrators who precede them on the order of positions list are absent shall have the authority to hire, terminate, suspend, reassign, discipline or demote any Big Bend Community College District 18 personnel (with the exception of the president or other senior administrators as defined herein) without prior approval of the board of trustees. This delegation of power does not include the ability to render decisions related to the granting or denial of tenure.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-12-010, filed 12/26/89, effective 1/26/90; Order 70-4, § 132R-12-010, filed 3/5/70.]

     (1) Members of the board of trustees.

     (2) President.

     (3) Major administrative officers:

     (a) ((Dean)) Vice-president of instruction.

     (b) ((Associate dean for occupational education.)) Vice-president for administrative services.

     (c) ((Dean)) Vice-president of student ((personnel)) services.

     (((d) Administrative assistant for business or financial affairs.))

     (4) All employees of Community College District No. 18 who are either probationary faculty appointees or tenured faculty appointees pursuant to RCW 28.85.850 through 28.85.869 [RCW 28B.50.850 through 28B.50.869].

     (5) All deans, directors, coordinators, and assistants to the president and major administrative officers analogous to vice-presidents((:

     (a) Director of community services.

     (b) Director of the upward bound program.

     (c) Director of student activities.

     (d) Director of federal programs.

     (e) Executive secretary to the president.

     (f) All other heads of major administrative or academic divisions.

     (6) Positions involved in research, counselling of students, and graphic arts and publications:

     (a) Coordinator of financial aids and housing.

     (b) Public information officer.

     (7) Professional consultants under contract and all student employees)).

[Order 70-4, § 132R-12-020, filed 3/5/70.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

OTS-6066.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-116-070   Impounding of illegally parked vehicles.   The president or his/her designee(s) may order the impound and storage of any vehicle parked in areas where parking is not allowed, or parked in a space reserved for another vehicle, or illegally parked in a handicapped space. The impounding and storage shall be at the expense of either or both the owner and operator of the impounded vehicle. Neither the college nor its employees shall be liable for loss or damage of any kind resulting from such impounding and storage.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-116-070, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-116-070, filed 3/23/73.]

     (1) Vehicles parked in a space reserved for handicapped parking and not displaying a handicapped parking permit shall be subject to citation.

     (2) Vehicles parked in such a manner as to occupy more than one space shall be subject to citation.

     (3) Vehicles parked in an area not specifically posted for parking shall be subject to citation. Vehicles parked in service areas, driveways, loading zones, on lawns, or areas with yellow curb shall be subject to citation, impound, or both.

     (4) Vehicles parked in a posted area specifically prohibiting parking shall be subject to citation, impound, or both.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-116-090, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-116-090, filed 3/23/73.]

OTS-6067.1

     (2) Only such persons who are authorized to carry firearms or other weapons as duly appointed and commissioned law enforcement officers in the state of Washington, and persons or entities authorized by contract to carry firearms in the course of their employment, shall possess firearms or other weapons issued for their possession by their respective law enforcement agencies while on campus or other college controlled property, including residence halls.

     (3) Other than the persons referenced in subsection (2) of this section, members of the campus community and visitors who bring firearms or other weapons to campus must immediately place the firearms or weapons in the college-provided storage facility. The storage facility ((is controlled by the office of student life and is)) for students living at the residence halls is controlled by the residence halls coordinator. The storage facility for all other students is in the registration office and is controlled by the vice-president of student services. Both facilities are accessible during the hours of 8:00 a.m. through 4:30 p.m., Monday through Friday (excluding holidays).

     (4) Anyone seeking to bring a firearm or other weapon onto campus for display or demonstration purposes directly related to a class or other educational activity must obtain prior written authorization from the vice-president of ((educational services)) instruction or any other person designated by the president of the college. The vice-president of ((educational services)) instruction or other designee shall review any such request and may establish conditions to the authorization.

     (5) Firearms owned by the institution for use by special interest groups such as ASB gun clubs, ROTC, or intercollegiate shooting teams, must be stored in a location approved by the ((dean)) vice-president of student services or any other person designated by the president of the college. Said firearms must be checked out by the club advisor or coach and are to be used by legitimate members of the club or teams in the normal course of the club or team's activity.

     (6) Violators shall be subject to appropriate disciplinary or legal action.

[Statutory Authority: RCW 28B.50.140. 92-20-077, § 132R-117-010, filed 10/5/92, effective 11/5/92.]

     (a) Prohibit the entry of, or withdraw the license or privilege of any person or persons or any group of persons to enter onto or remain upon all or any portion of a college facility which is owned and/or operated by the college; or

     (b) Give notice against trespass by any manner specified in chapter 9A.52 RCW 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, which college facility is owned and/or operated by the college; or

     (c) Order any person, persons or group of persons to leave or vacate all or any portion of a college facility which is owned and/or operated by the college.

     (2) Any student who shall disobey a lawful order given by the president or his/her designee pursuant to the requirements of this rule, may be subject to criminal prosecution and may be subject to disciplinary action.

[]

OTS-6068.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-118-010   Purpose.   The primary objective of the rules and regulations set forth in this chapter is to provide safety, traffic, and parking controls for the use of bicycles, motorcycles, motorscooters, snowmobiles, skateboards, skates, in-line skates and all-terrain vehicles upon all state lands devoted to the educational, recreational, and living activities of Big Bend Community College.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-118-010, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-118-010, filed 3/23/73.]

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-118-020, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-118-020, filed 3/23/73.]

     (1) The motor vehicle and other traffic laws of the state of Washington;

     (2) Special regulations set forth in this chapter.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-118-030, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-118-030, filed 3/23/73.]

     (2) Bicycles, motorcycles, motorscooters, and all-terrain vehicles may be operated any place where automobiles or other motor vehicles are permitted.

     (3) Snowmobiles ((and)), skateboards, skates and in-line skates are prohibited as a means of transportation or recreation on campus property.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-118-040, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-118-040, filed 3/23/73.]

OTS-6069.1

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-136-010, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-136-010, filed 3/23/73.]

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-136-030, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-136-030, filed 3/23/73.]

     Use of facilities for purposes other than those approved or in an irresponsible manner may result in withdrawal of this privilege for an organization.

     Student organizations should schedule facility use requests with the appropriate office at least two weeks in advance of an event whenever possible.

[]

     (2) For the purpose of this section, the term "commercial activities" does not include handbills, leaflets, newspapers and similarly related materials as regulated in WAC 132R-136-070.

[]

     (1) Any recognized ASB campus student organization may invite speakers on campus subject to the legal restraints imposed by the laws of the United States and the state of Washington.

     (2) The appearance of an invited speaker on the campus does not represent an endorsement, either implicit or explicit, of his/her views by the college, its students, its faculty, its administration or its board.

     (3) The scheduling of facilities for guest lecturers or invited speakers shall be made through the office of the vice-president of instruction or the director of student programs, by the inviting instructor or campus student organization.

     (4) The vice-president of instruction or the director of student programs will be notified at least three days prior to the appearance of an invited speaker, at which time a proper form (available in the office of the vice-president of instruction or director of student programs) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring instructor or organization advisor, and filed with the office of the vice-president of instruction or the director of student programs. Exceptions to the three-day ruling may be made by either of the identified administrators.

     (5) The vice-president of instruction or the director of student programs may require a question period or arrange to have views other than those of the invited speakers represented at the meeting, or at a subsequent meeting. The president or his/her designee may assign faculty or staff to preside over any meeting where a speaker has been invited.

[]

     (2) Such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual.

     (3) All nonstudents shall be required to register with the vice-president of student services or with his/her designee prior to the distribution of any handbill, leaflet, newspaper or related matter. Nonstudents shall not be allowed to sell handbills, leaflets, newspapers or related matter on or in college facilities.

     (4) The dissemination or distribution of materials by persons on public streets, walks and hallways of the campus shall be subject to the laws of the city of Moses Lake, Grant County, state of Washington and the United States of America.

[]

     Permission for posting literature in the various restricted areas provided, therefore, shall be obtained from the vice-president of student services or his/her designee. Permission to post literature does not accord users immunity from legal action which may occur from posting said material.

     ASB campaign rules govern special poster and sign locations for ASB elections. Information on these special policies, restricted areas and regulations is available in the office of student programs.

     Posting of posters, signs and other publicity or promotional materials is permitted only in locations specified above. All materials sought to be posted in restricted posting areas must have the identity of its sponsorship appearing on its face.

[]

OTS-6070.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-144-010   Big Bend Community College bookstore operating procedures.   Big Bend Community College bookstore is operated for the support and use of students and staff of Big Bend Community College. Big Bend Community College bookstore may engage in the direct and on-line sale of goods and services to individuals, groups, or external agencies for fees only when those services or goods are directly and substantially related to the educational mission of the college as outlined in Big Bend Community College's business competition policy.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-144-010, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-144-010, filed 3/23/73.]

     (2) ((New books)) Course materials may be returned for refund on specified dates as established and posted by the bookstore manager. The proper (("drop-card" and)) sales slip must be presented.

     (3) Exceptions to the above are subject to the discretion of the bookstore manager.

[Order 73-4, § 132R-144-020, filed 3/23/73.]

OTS-6071.1

AMENDATORY SECTION(Amending Order 73-4, filed 3/23/73)

WAC 132R-150-050   Smoking.   Smoking is ((restricted to areas so designated by the head librarian or his or her designee)) prohibited in all college buildings.

[Order 73-4, § 132R-150-050, filed 3/23/73.]

     The following section of the Washington Administrative Code is repealed:

WAC 132R-150-030

Inspection.

OTS-6072.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-158-010   Resident housing policies.   In addition to the rules, regulations, and responsibilities as defined in the "Student Rights and Responsibilities" handbook, residence hall students are also subject to the rules and regulations as printed in both the residence hall handbook and the residence hall contract. Copies are available from the ((director of housing)) residence hall coordinator at Big Bend Community College.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-158-010, filed 12/26/89, effective 1/26/90; Order 73-4, § 132R-158-010, filed 3/23/73.]

OTS-6073.1

AMENDATORY SECTION(Amending Order 73-8, filed 5/4/73)

WAC 132R-175-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the Community College District No. 18 with the provisions of chapter ((1, Laws of 1973 (Initiative 276))) 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with ((sections 25-32 of that act, dealing)) RCW 42.17.250 through 42.17.348 that deal with public records.

[Order 73-8, § 132R-175-010, filed 5/4/73.]

     (2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

     (3) "Community College District No. 18" was established pursuant to the Community College Act of 1967. Community College District No. 18 shall hereinafter be referred to as the "district." Where appropriate, the term Community College District No. 18 also refers to the staff and employees of the Community College District No. 18.

[Order 73-8, § 132R-175-020, filed 5/4/73.]

[Order 73-8, § 132R-175-030, filed 5/4/73.]

[Order 73-8, § 132R-175-050, filed 5/4/73.]

[Order 73-8, § 132R-175-060, filed 5/4/73.]

     (1) A request shall be made in writing upon a form prescribed by the district which shall be available at its administrative office. The form shall be presented to the public records officer; or to any member of the district's staff, if the public records officer is not available, at the administrative office of the district 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 district'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 or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

[Order 73-8, § 132R-175-080, filed 5/4/73.]

[Statutory Authority: RCW 28B.50.140. 78-02-017 (Order 3), § 132R-175-090, filed 1/11/78; Order 74-22, § 132R-175-090, filed 12/23/74; Order 73-8, § 132R-175-090, filed 5/4/73.]

     (2) In addition, pursuant to ((section 26,)) chapter ((1, Laws of 1973)) 42.17 RCW, the district 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 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))/redact portions of documents. If deletions/redactions are made they will be accompanied by a written statement specifying the reason for the deletion/redaction, including a statement of the specific exemption authorizing the deletion/redaction and a brief explanation of how the exemption applies to the information which is deleted/redacted.

[Order 73-8, § 132R-175-100, filed 5/4/73.]

     (2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the president of the college. The president shall immediately consider the matter and either affirm or reverse such denial or call a special meeting of the ((district)) board of trustees as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision, within two business days following the original denial.

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

[Order 73-8, § 132R-175-110, filed 5/4/73.]

     (1) The office of the secretary to the board of trustees of the district (which is the office of the president of Big Bend Community College);

     (2) The office of the president of Big Bend Community College;

     (3) The office of the ((dean)) vice-president of instruction;

     (4) The office of the ((dean)) vice-president of student ((personnel)) services;

     (5) The ((business)) office of the vice-president for administrative services; and/or

     (6) ((Any subdivision of each major administrative area mutually agreed upon by the administrator of the area involved and the public records officer.

     That)) Upon receiving requests for public records in the manner prescribed in WAC 132R-175-080, it shall be the duty of the public records officer to immediately act upon the request. If it is determined the item requested is a public record as defined in WAC 132R-175-020 it shall be the duty of the public records officer to locate the public record in the office in which it is filed and make it available for inspection. ((That should)) If, in the judgment of the public records officer, there be a possibility of the destruction of the public record, then the public records officer shall make available a copy of the record. ((That)) Upon request the public records officer shall make available copies of public records in accordance with WAC 132R-175-090.

[Order 73-8, § 132R-175-120, filed 5/4/73.]

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

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

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

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

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

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

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

[Order 73-8, § 132R-175-130, filed 5/4/73.]

[Order 73-8, § 132R-175-140, filed 5/4/73.]

OTS-6074.1

AMENDATORY SECTION(Amending WSR 94-07-019, filed 3/8/94, effective 4/8/94)

WAC 132R-190-010   Purpose.   The purpose of this chapter is to implement 20 U.S.C. Sec. 1232g, the Family Educational Rights and Privacy Act of 1974 as amended, by establishing rules and procedures to ensure that information contained in student records is accurate and is handled in a responsible manner by the college and its employees. Further information on policies and procedures relative to student records is available in the student records section of the "Student Handbook."

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-010, filed 3/8/94, effective 4/8/94; 90-02-019, § 132R-190-010, filed 12/26/89, effective 1/26/90; Order 76-9, § 132R-190-010, filed 3/9/76.]

     (1) "Directory information" means information contained in a student's education record which is general in nature and does not constitute an invasion of privacy if disclosed. The college has designated directory information in WAC 132R-190-035.

     (2) "Education records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by the college((, except:

     (a) A personal record kept by educational, supervisor and administrative personnel which belongs solely to the maker of the records and which has never been disclosed or made available to any other person except the maker's temporary substitute.

     (b) An employment record used only in relation to an individual's employment.

     (c) Records made and maintained by a Big Bend Community College counselor acting in his or her professional capacity which are used only in connection with the treatment of the student are not available to anyone except that the records may be personally reviewed by a physician or other appropriate professional of the student's choice.

     (d) Alumni records which contain information about a student after he or she is no longer in attendance at the college and which do not relate to the person as a student)) or a person acting for the college. The term does not include:

     (a) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute.

     (b) If the personnel of a law enforcement unit do not have access to education records under this section, the records and documents of such law enforcement unit which are kept separate, are maintained solely for law enforcement purposes, and are not made available to persons other than law enforcement officials of the same jurisdiction.

     (c) In the case of persons who are employed by the college but who are not in attendance at the college, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose.

     (d) Records on a student attending the college, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and which are made or maintained, or used in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

     (3) "Student" means any individual who is or has been in attendance at Big Bend Community College and on whom educational records are maintained.

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-020, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-020, filed 3/9/76.]

     The college reserves the right to refuse to permit a student to inspect and review the following education records:

     (1) The financial statement of the student's parents.

     (2) ((Statements and)) Confidential letters and statements of recommendation ((prepared by college officials or submitted with the student's application for admission)) which were placed in the student's records before January 1, 1975, or for which the student has waived his or her right ((of access)) in writing to inspect and review and that are related to the student's admission, application for employment or job placement, or receipt of honors. Except that if these statements and letters have been used for any purpose other than that for which they were originally prepared, the student may inspect and review them. When a record contains personally identifiable information about more than one student, a student may inspect only that information which relates to him or her.

     (3) Records connected with ((an application to attend)) admission to the college ((if that application was denied)), application for employment, and receipt of an honor or honorary recognition.

     (4) Those records which are excluded from the definition of "education records" in WAC 132R-190-020(2).

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-030, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-030, filed 3/9/76.]

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-035, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-035, filed 3/9/76.]

     (a) College officials, including administrators, faculty, instructors and staff who have a legitimate educational interest within the performance of their responsibilities to the college;

     (b) Officials of other colleges, schools, or school systems, upon the condition that the student is notified of the transfer and receives a copy of the record if he or she desires it and has the opportunity to challenge the content of the record, per the procedures outlined in WAC 132R-190-100;

     (c) Authorized representatives of the Comptroller General of the United States, the Secretary, an administrative head of an education agency, or state and local educational authorities. State and local officials, organizations conducting studies for educational agencies or institutions provided, that except when collection of personally identifiable data is specifically authorized by federal law, any data collected by these representatives with respect to individual students shall not include information which permit the personal identification of such students;

     (d) Lending institutions receiving applications from students or granting to students financial aid, and individual organizations or institutions that provide scholarships to any applicant student when such organizations or individuals make requests for students' education records in connection with a student's application for, or receipt of, financial aid;

     (e) Accrediting organizations to carry out their accrediting functions;

     (f) Parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954;

     (g) ((Any person or entity authorized by judicial order or lawfully issued subpoena to receive such records or information, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith by the college;

     (h))) Appropriate parties in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

     (2) The college shall maintain a record, kept with the education records of each student, indicating all agencies or organizations which have requested or obtained access to the student's education records. The custodian of the records shall indicate specifically the legitimate interest each such agency or organization has in obtaining this information. The record may be reviewed by the student.

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-040, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-040, filed 3/9/76.]

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-050, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-050, filed 3/9/76.]

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-070, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-070, filed 3/9/76.]

     (2) If the informal proceedings required in subsection (1) of this section fail to resolve the student's challenge, the student may file with the public records officer provided for in chapter 132R-175 WAC a written request for a hearing (brief adjudicative proceeding pursuant to chapter 132R-02 WAC).

     (3) Within a reasonable time after submission of a request for hearing, the president or his or her designee will appoint a hearing officer. The hearing officer may not have a direct interest in the outcome of the hearing.

     (a) The hearing officer shall conduct a hearing concerning the student's request for corrective action within a reasonable time and shall reasonably in advance of the hearing notify the student of the date, time and place of the hearing.

     (b) The student may, at his or her expense, be represented by one or more individuals of his or her choice at the hearing.

     (c) The student and the college shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request for the hearing. A record shall be made of the hearing by means satisfactory to the college.

     (d) Within ten days of the completion of the hearing, the hearing officer shall provide the parties with a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision. The decision shall be binding upon the college and the student.

     (4) If the education records are held to be accurate, or not misleading or in violation of the student's right of privacy, the college will notify the student of his or her right to place in the record a statement commenting on the challenged information and/or a statement setting forth the reasons for disagreeing with the decision. Such statement will be maintained as part of the student's education records as long as the contested portion is maintained and must be disclosed if the college discloses the contested portion of the record.

     (5) If information in the education record is held to be inaccurate, misleading, or in violation of the student's right of privacy, the college will amend the record and so notify the student in writing.

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-100, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-100, filed 3/9/76.]

[Statutory Authority: RCW 28B.50.140. 94-07-019, § 132R-190-110, filed 3/8/94, effective 4/8/94; Order 76-9, § 132R-190-110, filed 3/9/76.]

OTS-6075.1

AMENDATORY SECTION(Amending WSR 90-02-019, filed 12/26/89, effective 1/26/90)

WAC 132R-200-010   Policy on personnel files.   Big Bend Community College shall maintain one personnel file for each employee. This file shall be in the college's ((personnel)) human resource office. No other personnel file shall be maintained by any other officer or administrator of the college. This shall not preclude the maintenance of all lawful payroll records by the ((business)) payroll office nor maintenance of other essential records by appropriate personnel for the operation of the institution.

[Statutory Authority: RCW 28B.50.140. 90-02-019, § 132R-200-010, filed 12/26/89, effective 1/26/90; Order 76-30, § 132R-200-010, filed 12/23/76.]

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