PERMANENT RULES
Date of Adoption: June 18, 2003.
Purpose: Deletes the current discrimination complaint procedure codified in WAC 132H-152-135 and replaces it with chapter 132H-155 WAC which has a more streamlined process that is easier to use.
Citation of Existing Rules Affected by this Order: Repealing WAC 132H-152-135.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 03-08-020 on March 26, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 7, Amended 0, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 7,
Amended 0,
Repealed 1.
Effective Date of Rule:
Thirty-one days after filing.
June 18, 2003
Elise J. Erickson
Rules Coordinator
The following section of the Washington Administrative Code is repealed:
| WAC 132H-152-135 | Discrimination complaint procedure |
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132H-155-020
Purpose.
It is the policy of Bellevue
Community College to provide clear and accurate information,
provide accessible services, and offer excellent educational
programs and quality service.
Bellevue Community College, through its affirmative action policy and general policy on sexual harassment, and in accordance with state and federal regulations, prohibits discrimination against students and employees on the basis of race or ethnicity, creed, color, national origin, sex, marital status, sexual orientation, age, religion, the presence of sensory, mental or physical disability, or status as a disabled or Vietnam-era veteran.
BCC employees are responsible for ensuring that their conduct does not discriminate against anyone; they are expected to treat people conducting business at Bellevue Community College with respect and may expect the same consideration, in return.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132H-155-050
Formal discrimination complaint
procedure.
Discrimination complaints should be filed within
one year after the incident(s) occurred. The college will act
promptly to investigate the complaint and will attempt to
protect the rights of the individual bringing the complaint
(the complainant), the alleged discriminator, and any
witnesses involved. All parties involved have the right to
protection from any retaliating behavior by the alleged
discriminator or any college employee. All complaints shall
be kept as confidential as is reasonably possible during the
investigation/resolution process. However, complaints may be
subject to public disclosure under the state's Public
Disclosure Act, and therefore the college cannot assure
confidentiality to any participant in the process.
If administrators or supervisors become aware that discrimination is occurring, receive a complaint, or obtain other information indicating possible discrimination, they must notify the vice president of human resources as soon as reasonably possible, to ensure that the matter is addressed, even if the problem or alleged problem is not within their area of responsibility and authority.
Complainants, individuals charged, and any witnesses are entitled to representation of their selection throughout the complaint process. The individual charged will be informed that his/her bargaining unit representative will be notified that a complaint has been filed against him/her, unless he/she requests that no notification be made.
Within seven days after the formal complaint has been filed, the individual charged, his/her immediate supervisor and the area dean/vice president will be notified that a complaint has been filed.
The complainant may request an alternate dispute resolution process prior to or in lieu of the investigatory process outlined below. The vice president of human resources or designee (the investigator) will conduct interviews with the complainant, the alleged discriminator, and any witnesses to allegations identified by the complainant and the alleged discriminator. Reasonable efforts will be made to complete such interviews within ninety days.
The report summarizing the findings of the investigation and the determination as to whether or not discrimination has occurred shall be forwarded to the appropriate area dean/vice president.
The decision regarding what action to take on the complaint, including, but not limited to, appropriate corrective measures and/or disciplinary action shall be made by the area dean/vice president and reported to the complainant. Copies of the determination shall be sent to the complainant, alleged discriminator, the alleged discriminator's supervisor and the vice president of human resources. Reasonable efforts will be made to take action on the complaint within thirty days after receipt of the report. If a decision is made to take disciplinary action, such action shall be taken in accordance with appropriate college procedures and collective bargaining agreements.
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If the complainant is not satisfied with the disposition of the complaint, she/he may file a written appeal to the president within ten days after notification of the disposition of the complaint. This request should include any and all additional information s/he wants the president to consider. The decision regarding the appeal, including appropriate corrective measures, shall be made in writing by the president within fifteen days after receipt of an appeal.
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| Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104-1061 |
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| Human Rights Commission 1511 Third Avenue, Suite 921 Seattle, WA 98101 |
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| U.S. Office of Civil Rights Department of Education 915 Second Avenue Seattle, WA 98174-1099 |
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