Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-09-094.

     Title of Rule: Adopt new chapter 132Q-02 WAC.

     Purpose: New sections WAC 132Q-02-010 Definitions, 132Q-02-020 Purpose for adoption of student rules, 132Q-02-030 Jurisdiction, 132Q-02-040 Student misconduct, 132Q-02-050 Academic dishonesty, 132Q-02-060 Classroom conduct/learning environment, 132Q-02-070 Authority to suspend, 132Q-02-080 Conduct at college functions, 132Q-02-090 Other punishable acts, 132Q-02-100 Hazing, 132Q-02-110 Disciplinary actions, 132Q-02-120 Delegation of disciplinary authority, 132Q-02-130 Due process, 132Q-02-140 Initiation of disciplinary action, 132Q-02-150 Composition of college disciplinary committee, 132Q-02-160 Evidence admissible in proceedings, 132Q-02-170 Appeal of disciplinary actions, 132Q-02-180 Reporting, recording and maintenance of disciplinary records, 132Q-02-190 College disciplinary committee proceedings, 132Q-02-200 Brief disciplinary proceedings, 132Q-02-210 Conduct at disciplinary proceedings, 132Q-02-220 Decision of the college disciplinary committee, 132Q-02-230 Final decision regarding appeal of disciplinary committee action, 132Q-02-240 Readmission after suspension, 132Q-02-250 Emergency authority of campus president, 132Q-02-260 Purpose of immediate summary suspension rules, 132Q-02-270 Initiation of immediate summary suspension proceedings, 132Q-02-280 Notice of immediate summary suspension proceedings, 132Q-02-290 Procedures of immediate summary suspension proceedings, 132Q-02-300 Decision by vice president, 132Q-02-310 Notice of immediate summary suspension, 132Q-02-320 Failure to appear, 132Q-02-330 Appeal of immediate summary suspension, 132Q-02-340 Immediate summary suspension proceedings not duplicative, 132Q-02-350 Confidentiality of student records, 132Q-02-360 Education records, 132Q-02-370 Records requests and appeals, 132Q-02-380 Release of personally-identifiable records, 132Q-02-390 College records, 132Q-02-400 Records committee, 132Q-02-410 Eligibility for clinical programs, 132Q-02-420 Grounds for athletic ineligibility, 132Q-02-430 Right to brief adjudicative procedure -- Athletics, 132Q-02-440 Brief adjudicative procedure -- Athletics, and 132Q-02-450 Brief adjudicative decision -- Athletics, to consolidate student rules into one chapter.

     Statutory Authority for Adoption: RCW 28B.50.140.

     Statute Being Implemented: None.

     Summary: To update district rules regulating student conduct, suspension and dismissal procedures.

     Reasons Supporting Proposal: To improve district efficiency.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Connie Stafford Sherman, 501 North Riverpoint Boulevard, P.O. Box 6000, (509) 434-5060.

     Name of Proponent: Community Colleges of Spokane, public.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes primarily are for housekeeping purposes and district efficiency. Rules repealed are now consolidated in student rights and responsibilities and general campus conduct chapters to create ease of reading and understanding. Various other changes include updating terminology and procedural changes.

     Proposal does not change existing rules. The proposal changes do not affect any current rule in substantive manner. Changes are primarily for housekeeping purposes and clarification.

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

     RCW 34.05.328 does not apply to this rule adoption. Rules are primarily for internal district operation and are not subject to violation by a nongovernment party.

     Hearing Location: 2000 North Greene Street, Spokane, WA 99217, on August 19, 2003, at 8:30 a.m.

     Assistance for Persons with Disabilities: Contact Connie Stafford Sherman by August 8, 2003.

     Submit Written Comments to: Connie Stafford Sherman, 501 North Riverpoint Boulevard, P.O. Box 6000, Mailstop 1002, Spokane, WA 99217-6000, fax (509) 434-5025, by August 8, 2003.

     Date of Intended Adoption: August 19, 2003.

June 12, 2003

Connie Stafford Sherman

Vice Chancellor

Systems Administration

     (1) Appropriate Vice President - The chief administrative officer over student services regardless of position title.

     (2) Assembly - 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 - The board of trustees of Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).

     (4) Chancellor - Chief Executive officer over Community Colleges of Spokane.

     (5) College - Any community college or center, which may be created by the board of trustees of Community Colleges of Spokane.

     (6) College facilities - Any or all real property owned, operated, or maintained by the board of trustees of Community Colleges of Spokane, and shall include all buildings and appurtenances affixed thereon or attached thereto.

     (7) College personnel - Any person employed or representing, on a full-time or part-time basis Community Colleges of Spokane.

     (8) Disciplinary action - The expulsion, suspension or admonition of any student by the appropriate college president or vice president for the violation of any designated rule of student conduct for which a student is subject to disciplinary action.

     (9) District - Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).

     (10) Hazing - Any method of initiation into a student organization, group or pastime or amusement engaged in with respect to such an organization or group that causes or is likely to cause bodily harm or serious mental or emotional harm to any student or other person attending any institution of higher education or post-secondary institution. Excluded from this definition are "customary athletic events or other similar contests or competitions."

     (11) Immediate Summary Suspension - Immediate suspension from the college due to student presenting imminent danger to himself/herself or other persons on college facilities or to the educational process of the college.

     (12) Instructional Day - Any regularly scheduled instructional day designated in the academic year calendar, including summer quarter, as a day when classes are held or during final examination week. Saturdays and Sundays are not regularly scheduled instructional days.

     (13) Others - Any person other than a student or college personnel visiting, attending or speaking within the college community.

     (14) Personally-Identifiable Information - Information which includes either (a) the name of the student, the student's parent, or other family member(s), (b) the address of the student's or student's family, (c) a personal identifier such as the student's social security number or student identification number, (d) a list of personal characteristics which would make it possible to identify the student with reasonable certainty, or (e) other information which would make it possible to identify the student with reasonable certainty.

     (15) President - Unless otherwise designated shall mean the duly appointed president, chief executive of any college, instructional unit of Community Colleges of Spokane.

     (16) RCW - The Revised Code of Washington.

     (17) Student - Any person who is or has been officially registered at any college or instructional unit with Community Colleges of Spokane and with respect to whom the college maintains educational records or personally-identifiable information.

     (18) Student Rights and Responsibilities - Rules regulating student conduct as adopted in this chapter.

     (19) WAC - The Washington Administrative Code.

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     (2) Admission to a college within the district carries with it the presumption that students will conduct themselves as responsible members of the academic community. This includes an expectation that students will obey the law, comply with rules and regulations of the college and its departments, maintain a high standard of integrity and honesty and respect the rights, privileges and property of other members of the college community.

     (3) It is assumed that students are and wish to be treated as adults. As such, students will accept responsibility for their conduct. In order to accomplish educational purposes of the college and also to provide students a full understanding of the rules that will enable the college to maintain conditions conducive to the effective performance of the college's functions, the following rules regarding the conduct of students are hereby adopted. Sanctions for violations of the rules of student conduct herein adopted will be administered by the college in the manner provided by said rules. When violations of laws of the state of Washington and/or the United States are also involved, the college may refer such matters to proper civil authorities. In case of minors, this conduct may be referred to parents or legal guardians.

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     (1) The intentional or repeated obstruction or disruption of teaching, research, administration, disciplinary proceedings or other campus activities, including public service function and other authorized activities on campus premises;

     (2) Academic dishonesty, as described in WAC 132Q-02-050, to include cheating, plagiarism, or knowingly furnishing false information to any campus or district employee;

     (3) Failure to comply with the direction of campus officials acting in the legitimate performance of their duties or failure to properly identify oneself to those persons when requested to do so;

     (4) Intentional physical or verbal abuse, threats, intimidation, harassment, coercion and/or other conduct, including disorderly, lewd or indecent behavior directed at another person which has the purpose or effect of creating a hostile, intimidating or disruptive learning or working environment at any campus-sponsored or campus-supervised function;

     (5) Violating any of the computer and electronic information, including internet access systems use policies, rules, regulations, guidelines and laws applicable to the district, college or department of the college which include prohibitions against use for commercial benefit or gain and department restrictions prohibiting access into sexually explicit internet sites;

     (6) Engaging in any behavior which threatens and/or endangers the health or safety of any person on campus premises, presents an imminent danger to him or herself, another or the college community, disrupts the normal operations of the college and/or infringes on the rights of other members of the college community;

     (7) Aiding, abetting or procuring another person in behavior that is prohibited by any section of the Student Misconduct;

     (8) Engaging in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where such behavior offends a reasonable, orderly, prudent person under these circumstances;

     (9) Smoking and/or the use of chewing tobacco inside campus buildings and campus vehicles or in other unauthorized campus areas;

     (10) Using, possessing, selling or being under the influence of any narcotic drug or controlled substance as defined in RCW 69.50.101, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist. For the purpose of the regulation, "sale" shall include the statutory meaning defined in RCW 69.50.410 and RCW 69.04.005;

     (11) Using, possessing, consuming or being demonstrably under the influence of, or selling any alcoholic beverage, except as a participant of legal age in a student program, banquet or educational program which has the special written authorization of the college president or his/her designee;

     (12) The intentional making of false statements and/or filing of false charges against the colleges and/or members of the district community;

     (13) Forgery, alteration or misuse of district documents, records, funds or instruments of identification, including electronic hardware, software and information systems and applications with the intent to defraud;

     (14) Theft of or attempted or actual damage to property of the college, a member of the college community, other personal or public property, or possession of property stolen from college premises and/or a member of the college community while on college premises;

     (15) Unauthorized use of, access to, or entry of college facilities or property, tangible or intangible, or any violation of college rules regarding such use, access or entry;

     (16) Engaging in any prohibited discriminatory or harassing behavior as defined by applicable law and/or district policies including stalking or hate activity as defined by law;

     (17) Conducting or participating in an assembly, which violates the guidelines of assembly as defined in WAC 132Q-07-020 of this administrative code;

     (18) Hazing in any form as described in RCW 28B.10.901. No student, or other person in attendance at any public or private institution of higher education, or any other postsecondary educational institution, may conspire to engage in hazing or participate in hazing of another. Any method of initiation into a student organization, pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause bodily or serious mental or emotional harm to any student or other person. Excluded from this definition are "customary athletic events or other similar contests or competitions."

     (19) 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;

     (20) Possessing, transporting, or storing any weapons, explosives, dangerous chemicals or other weapons, including knives. Illegal possession of weapons or unauthorized use or possession of any device or substance that can be used to inflict bodily harm or to damage real or personal property. This does not apply to commissioned police officers as prescribed by law;

     (21) Violating any other provision of the Student Rights and Responsibilities Handbook.

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     (1) Any student who commits or aids and abets the accomplishment of an act of academic dishonesty shall be subject to disciplinary action;

     (2) The class instructor is responsible for handling each case of dishonesty in the classroom except where a major or repeated offense is involved. In cases of academic dishonesty, the instructor may or may not dismiss the student from class and/or adjust the student's grade and/or determine appropriate action. If the instructor and the department chair concur that a case should be referred for further college action (which could include suspension or expulsion from the college), the matter is referred to the appropriate vice president, who may convene the college Disciplinary Committee. Any action relating to academic dishonesty, including action adjusting the student's grade, is subject to appeal by the student as in any other case of academic grievance.

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     An instructor has the authority to exclude a student from any single class/program session during which the student is so disorderly or disruptive that it is difficult or impossible to maintain classroom decorum. The instructor shall report any such exclusion from class/program to the appropriate vice president or designee. The appropriate vice president or designee may initiate disciplinary action as provided in this procedure.

     Bringing any person, thing or object to a teaching and learning environment, that may disrupt the environment or cause a safety or health hazard, without the express approval of the faculty member or other authorized official, is expressly prohibited.

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     Other sections of the Student Rights and Responsibilities Handbook may be applicable to hazing violations. Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021

     Penalties for Hazing: Any organization, association or student group that knowingly permits hazing shall:

     a) Be liable for harm caused to persons or property resulting from hazing; and

     b) Be denied recognition by Community Colleges of Spokane as an official organization, association or student group on any campus of CCS. If the organization, association or student group is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

     A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for one calendar year.

     Forfeiture of state-funded grants, scholarships or awards may continue for an additional calendar year up to and including permanent forfeiture, based upon the seriousness of the violations.

     Impermissible conduct not amounting to hazing is subject to sanctions available under the Student Rights and Responsibilities Handbook depending upon the seriousness of the violation.

     Impermissible conduct associated with initiation into a student organization or group or any pastime or amusement engaged in, with respect to the organization or group, will not be tolerated.

     Impermissible conduct, which does not amount to hazing, may include conduct, that causes embarrassment, sleep deprivation, personal humiliation, ridicule or unprotected speech amounting to verbal abuse.

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     Any of the following disciplinary actions may be imposed upon violators of the Student Rights and Responsibilities' rules and regulations established herein: The appropriate vice president at the remaining college/instructional unit reserves the right to enforce the disciplinary action on his/her campus.

     (1) Disciplinary Warning: Notice to a student, either verbally or in writing that he/she has violated the rules of student conduct or failed to satisfy the college's expectations regarding conduct. Such warnings imply that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section.

     (2) Fines: The office of the appropriate vice president may assess monetary fines against individual students for violation of the rules of student conduct. Failure to pay such fines promptly will result in the cancellation of the student's registration and will prevent the student from reregistering. Appeal of this action may be made to the president of the college. The decision of the president is final.

     (3) Disciplinary Reprimand: Formal actions against a student for violation of the rules of student conduct. Reprimands are always made in writing to the student by the officer or agency taking action, with copies to the appropriate vice president. A reprimand informs the student that continuation or repetition of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described in this section.

     (4) Disciplinary Probation: Formal action placing conditions upon the student's continued attendance for violation of rules of student conduct. The office placing the student on disciplinary probation will specify, in writing, the period of probation and the conditions, such as limiting the student's participation in extracurricular activities. 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. Violation of disciplinary probation shall be cause for further disciplinary action.

     (5) Suspension: Formal but limited dismissal from the college. Termination of student status for violation of the rules of student conduct. The notification dismissing a student will indicate, in writing, the term of the dismissal and any special conditions that must be met before readmission.

     (6) Expulsion: This shall result in permanent termination of a student's eligibility for enrollment. Notice of the expulsion and its cause shall be presented in writing.

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     (1) The recognized faculty-negotiating unit shall appoint two members and one alternate who are teaching on the appropriate campus or college; such members shall serve a two-year term.

     (2) The college president shall appoint two members from the college administration who shall serve a term as determined by the president.

     (3) The respective student governments on each college campus shall appoint student membership. Student membership must include a male and female student and two alternates who shall serve for no more than one year.

     (4) The presiding officer of the college disciplinary committee shall be the appropriate vice president or designee. No person who personally participates in any disciplinary action that is reviewed by the disciplinary committee may serve as presiding officer, nor cast a vote on the merits of the case decided upon by the disciplinary committee pursuant to WAC 132Q-02-180.

     (5) No member of the disciplinary committee shall participate in a case in which he/she is witness to or have acted in an advisory capacity.

     (6) The chair and members of the committee shall continue in their offices beyond the expiration of their terms until such time as those cases initiated and convened during their term shall be concluded. In no instance shall a new case be presented to a chair whose term has expired.

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     In determining whether sufficient cause, as stated above, does exist, members of the disciplinary committee shall give consideration to all evidence that serves as proof and is commonly accepted by reasonable, prudent persons in the conduct of their affairs.

     The presiding officer of the college disciplinary committee shall consider the rules of privilege recognized by law and exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.

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     The office of the appropriate vice president shall keep accurate records of all disciplinary actions taken by or reported to that office. All disciplinary action will be entered on the student's record and may be removed at the time of graduation or earlier, at the discretion of the office or individual initiating the action, if special terms and conditions have been met or if other circumstances warrant the removal. A student may petition to that office or individual for removal of such a notation at any time. Otherwise the record of disciplinary action shall be part of that student's record.

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     (2) After considering the evidence in the case and interviewing the student or students accused of violating the rules of student conduct, the appropriate vice president or designee, may take any of the following actions:

     (a) Terminate the proceeding, exonerating the accused student(s);

     (b) Dismiss the case after appropriate counseling and/or advice;

     (c) Impose minor sanctions directly (warning, reprimand, disciplinary probation or fine) or such sanctions the student may agree to in writing. These sanctions are subject to the student's rights of appeal as described below;

     (d) Refer the matter to the college disciplinary committee for appropriate action. The student shall be notified in writing, within three instructional days, when such a referral is made.

     (e) Issue an order of dismissal pursuant to the conditions of WAC 132Q-02-110(4).

     (f) Issue an order of expulsion pursuant to the conditions of WAC 132Q-02-110(6).

     (3) A student accused of violating any of the rules of student conduct shall be given written notification of any disciplinary action taken by the appropriate vice president or designee. In the case of an unmarried student under eighteen years of age, written notification of the disciplinary action taken by the appropriate vice president or designee, shall also be sent to the student's parent(s) or legal guardian(s) under the provisions of the Family Education Rights and Privacy Act (FERPA).

     No disciplinary action recommended by the appropriate vice president or designee, is final unless the student fails to exercise his right of appeal as provided in WAC 132Q-02-200.

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     (2) The student shall be given written notice of the time and place of the proceeding before the college disciplinary committee by registered or certified mail to the student's last known address or presented to the student in person by an appropriate campus official, or any other reasonable means of communication and be afforded not less than twenty days notice. The notice shall contain:

     (a) The time and place of the proceeding.

     (b) An outline of the charges, a list of witnesses who will appear, a description of any documentary, or other evidence that will be presented at the hearing.

     (c) The notice may be amended at any time prior to the hearing but if such amendment is prejudicial to the student's case, the hearing date shall be rescheduled to a later date.

     In no case shall efforts to avoid receipt of notice be allowed to interrupt the process of the proceeding.

     (3) The student shall be entitled to hear and examine the evidence brought forth and be informed of the identity of its source and shall be entitled to present evidence and witnesses on their own behalf and to cross-examine witnesses appearing as to factual matters. The student shall have the opportunity to request the presence of witnesses or production of other evidence relevant to the issues of the proceedings.

     (4) A college representative shall present the evidence and witnesses alleging that the student engaged in misconduct. Only those matters presented at the hearing will be considered in the decision of the committee, but the student's past record of conduct may be taken into account in formulating the committee's recommendations for disciplinary action

     (5) The student may choose to be represented or accompanied by legal counsel and/or accompanied by an advisor, however, counsel cannot speak at the proceeding. Should the student elect representation by legal counsel, the campus official initiating the charges may also be represented by legal counsel. If the student elects to choose a duly licensed attorney admitted to practice in the United States as counsel, the student must provide three days' notice excluding weekends and holidays to the appropriate vice president.

     (6) No one will be required to give self-incriminating evidence.

     (7) In all disciplinary proceedings the college may be represented by a designee appointed by the appropriate vice president; 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 have a licensed attorney present, the appropriate vice president may elect to have an assistant attorney general attend as well.

     (8) An adequate summary of all the evidence and facts presented to the disciplinary committee during the course of the proceedings will be taken. A student's disciplinary record is subject to FERPA and WAC 132Q-06-035.

     (9) The presiding officer of the college disciplinary committee shall preside at the disciplinary proceeding and make rulings on all evidentiary procedural matters heard in the course of the disciplinary proceeding.

     (10) The student will be provided with a copy of the findings, conclusions and sanctions if any imposed. The student will also be advised of the right to appeal the committee's decision in a written statement to the president within five instructional days.

     (11) If there is no appeal to the president, the sanction shall be in effect at the end of the five instructional day appeal period or at such other time as may be indicated by the committee.

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     Any student attending the disciplinary committee proceeding as an invited guest who continues to disrupt said proceedings after the presiding officer of the committee has asked him/her to cease and desist such activity, shall be subject to disciplinary action.

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     (a) Terminate the proceedings and exonerate the student(s);

     (b) Impose disciplinary actions as provided in WAC 132Q-02-110.

     The campus shall in no case proceed with a sanction that, in fact or appearance, duplicates punishment for the same offense unless the interests of the campus are implicated in some separate way by the violation of law.

     If a violation of civil law occurs on campus and is also a violation of a published campus regulation, the campus may institute its own proceedings against the offender if the campus interest involved is clearly distinct from that of the outside community.

     If a student is charged with an off-campus violation of law, the matter shall be of no disciplinary concern to the campus unless the student is incarcerated and unable to comply with academic requirements.

     The student will be provided with a copy of the committee's findings and conclusions regarding whether the student did violate any rule or rules of the code of student conduct. The committee shall also advise the student of the right to present, within five instructional days, a written statement to the president of the college appealing the decision of the college disciplinary committee.

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     (2) The college disciplinary committee shall hear appeals of initial disciplinary decisions.

     (3) The college president or designee shall hear appeals of the college disciplinary committee's decisions.

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     (2) It is to be understood, however, that nothing within the rules adopted in this chapter shall be construed to replace the provisions of the rules of student conduct and procedures of enforcement included in chapter 132Q-02 WAC and the student disciplinary system created therein. Rather, the provisions of the rules of this chapter shall be deemed to be supplementary to the rules of student conduct by providing a method of suspension during the pending investigation and prosecution for student violations that will be subsequently heard on their merits pursuant to the system included in the rules of student conduct.

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     (2) The notice shall be entitled "notice of summary suspension proceeding" and shall include the charges against the student, including reference to the law and/or rules of student conduct involved and that the student charged must appear before the appropriate vice president or designee, at a time to be set by the vice president.

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     (2) The student may offer oral testimony of himself/herself or another person, submit any statement or affidavit on his/her own behalf, examine any affidavit and cross-examine any witness who may appear against him/her.

     (3) The appropriate vice president shall, at the time of the immediate summary suspension proceeding, determine whether there is probable cause to believe that a violation of law or of the rules of student conduct has occurred, pursuant to WAC 132Q-02-220 (1) or (2). In the course of making such a decision, the vice president may only consider the sworn affidavit or oral testimony of persons who have made the allegation and the oral testimony and affidavits submitted by the student charged.

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     (1) The accused student has committed one or more violations of law or rules of student conduct upon any person or college facility, and

     (2) That immediate summary suspension of the accused student is necessary to attain peace and order on the campus; and

     (3) Such violation(s) of the rules of student conduct constitutes grounds for disciplinary probation or dismissal pursuant to WAC 132Q-02-110.

     The appropriate vice president may then, with the written approval of the president, suspend the student from college pending any subsequent disciplinary proceeding initiated under WAC 132Q-02 or reinstate the student with or without conditions.

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     (2) The student suspended in accordance to this rule shall be served a written copy of the notice of suspension by personal service or by registered mail. Notice by mail shall be sent to the student's last known address. The suspension shall be effective for the period dating from the day the notice of suspension is mailed or personal service accomplished.

     (3) During the period of immediate summary suspension, the suspended student shall not enter the campus other than to meet with the appropriate vice president or to attend the summary suspension proceeding. However, the appropriate vice president may grant the student special permission to enter for the express purpose of meeting with faculty, college personnel, or students in preparation for the proceeding.

     (4) The appropriate vice president at the remaining college reserves the right to enforce the immediate suspension on their campus.

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     (2) The board shall, as soon as reasonably possible, examine the allegations contained within the notice of appeal, along with the findings of the vice president and president, the record of the immediate summary suspension proceeding, and determine whether the immediate summary suspension order is justified. Following such examination, the board of trustees may, at its discretion, uphold the decision or overturn the immediate summary suspension pending determination of the merits of the disciplinary proceeding pursuant to the rules of student conduct.

     (3) The board shall notify, by registered or certified mail, the appealing student within forty-eight hours following its consideration of the notice of appeal, as to whether the immediate summary suspension shall be upheld or stayed pending disposition of the disciplinary proceeding pursuant to the rules of student conduct.

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     (2) Any disciplinary proceeding initiated against the student because of violations alleged against another student in the course of the immediate summary suspension proceeding provided for herein, shall be reexamined; provided, that the records made and evidence presented during the course of any aspect of an immediate summary suspension proceeding brought against the student shall be available for the use of the accused student and of the college in a disciplinary proceeding initiated under the rules of student conduct.

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     (a) For purposes of this section the term "education records" means those records, files, documents, and other materials which contain information directly related to a student, including records regarding the employment of a student when such employment is a result of, and directly related to, student status.

     (b) The term "education records" does not include:

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

     (ii) Records of the campus security department, which are kept apart from those records described in subsection (a) and which are maintained solely for law enforcement purposes are not made available to persons other than law enforcement officials of the same jurisdiction.

     (iii) In the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business, which relate exclusively to such person's employment, are not available for use for any other purpose.

     (iv) Student records containing medical/psychological information are not available to anyone other than the individual(s) providing treatment; however, such records may be personally reviewed by a physician or other appropriate professional upon the student's written consent.

     (2)(a) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (b), (c) and (d) of this subsection.

     (b) The student may specifically release his or her right to review where the information consists only of confidential recommendations respecting:

     (i) Admission to any educational institution; or

     (ii) An application for employment: or

     (iii) Receipt of an honor or honorary recognition.

     (c) A student's waiver of his or her right to access confidential statements shall apply only if:

     (i) The student is, upon request, notified of the names of person(s) making confidential statements concerning him or her; and

     (ii) Such confidential statements are used solely for the purpose for which they were originally intended; and

     (iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the college/instructional unit.

     (d) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under (a) of this subsection. Such records shall remain confidential and shall be released only with the consent of the author. The institution shall use these records only for the purpose for which they were originally intended.

     (3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to himself/herself.

     (4) The office of the appropriate vice president is the official custodian of academic records; and, therefore, is the only office who may issue an official transcript of the student's academic record.

     (5) Student educational records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with this section and WAC 132Q-02-270 be removed or destroyed prior to providing the student access.

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     (2) An individual(s) or office(s) must respond to a request for education records within a reasonable period of time, but in no case more than forty-five days after the request has been made. A college individual(s) or office(s) which is unable to comply with a student's request within the above-stated time period shall inform the student of that fact and the reason(s) in writing.

     (3)(a) A student who feels that his/her request has not been properly answered by a particular individual(s) or office(s) should contact the appropriate vice president, associate dean, director, assistant dean, or individual(s) or office(s) responsible for mediation.

     (b) In cases where a student remains dissatisfied after consulting with the appropriate vice president, director, assistant dean or associate dean, the student may then request a proceeding by the college records committee. Following the proceeding, the college's records committee shall render its decision within a reasonable period of time. In all cases, the decision of the college's records committee shall be final.

     (c) In no case shall any request for review by a student be considered by the college's records committee, which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.

     (d) The college's records committee shall not review any matter regarding the appropriateness of official academic grades.

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     (a) College personnel and students when officially appointed to a faculty council or administrative committee, when the information is required for a legitimate educational interest within the performance of their responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those responsibilities.

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

     (c) Agencies or individual's requesting information in connection with a student's application for or receipt of financial aid.

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

     (e) Accrediting organizations in order to carry out their accrediting functions.

     (f) Any person or entity designated by judicial order or lawfully-issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of the compliance unless the court or other issuing agency orders the college not to notify the student before compliance with the subpoena. The college president, the president's designee, or office(s) receiving a subpoena or judicial order for education records should immediately notify the attorney general.

     (g) Parents transfer their rights under FERPA to their child when he/she reaches 18 years of age or attends an institution of postsecondary education. Parents of college students, who request to review their "adult child's" record, must provide documented "dependency status" under Internal Revenue Service (IRS) regulations or have written consent from the student. The final decision whether or not to disclose information about students to their parents is a matter of the institution's policy.

     (2) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the person giving such consent, and shall include:

     (a) A specification of the records to be released;

     (b) The reasons for such release; and

     (c) The names of the parties to whom such records will be released.

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

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

     (5) The term "directory information" used in subsection (1) is defined as information contained in an educational record of a student that would not be generally considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate; full-time or part-time), participation in officially-recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended by the student.

     (3) Students may request in writing that the college not release directory information through written notice to the appropriate vice president.

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

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     (1) Disciplinary records shall be kept separate from academic records, and transcripts of a student's academic record shall contain no notation of any disciplinary action. Special precautions shall be exercised to insure that information from disciplinary or counseling files is not revealed to unauthorized persons. Provisions shall be made for periodic review and routine destruction of inactive disciplinary records by offices maintaining such records.

     (2) No records shall be kept that reflect a student's political or ideological beliefs or associations.

     (3) Entities within Community Colleges of Spokane share education records.

     (4) Students requesting an official copy of their educational transcripts must provide a written request including name, address, student identification number and where the transcript is to be sent.

     (5) A processing fee will be assessed for any official transcript sent to institutions outside the jurisdiction of Community Colleges of Spokane.

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