WSR 04-09-016

PROPOSED RULES

TACOMA COMMUNITY COLLEGE


[ Filed April 12, 2004, 11:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-05-021.

Title of Rule: Chapter 132V-130 WAC, Hazing policy.

Purpose: Prohibits hazing at Tacoma Community College.

Statutory Authority for Adoption: SSB 5075 (1993).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dr. April Retherford, Tacoma Community College, (253) 566-6006.

Name of Proponent: Tacoma Community College, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Prohibits hazing at Tacoma Community College. Hazing means any method of initiation into a student group or any pastime or amusement engaged in with respect to such a group 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 education. Excluded from this definition are "customary athletic events or other similar contests or competitions."

Proposal Changes the Following Existing Rules: Minor corrections in wording which clarify the process.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Policy is relevant to Tacoma Community College students only.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Tacoma Community College, Baker Room, Building 7, 6501 South 19th Street, Tacoma, WA 98466, on June 3, 2004, at 4:00 p.m.

Assistance for Persons with Disabilities: Contact Cathie Bitz by May 28, 2004, (253) 566-5101.

Submit Written Comments to: Dr. April Retherford, Tacoma Community College, 6501 South 19th Street, Tacoma, WA 98466, fax (253) 566-6034, by May 28, 2004.

Date of Intended Adoption: June 3, 2004.

April 8, 2004

Dr. April Retherford

Acting Associate Vice President

for Student Services

OTS-7072.1


AMENDATORY SECTION(Amending WSR 96-16-036, filed 8/1/96, effective 9/1/96)

WAC 132V-130-020   Penalties.   (1) The Tacoma Community College code of student rights and responsibilities ((committee)) process is applicable to hazing violations.

(2) Hazing violations are also misdemeanors punishable under state criminal law according to RCW 9A.20.021.

(3) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships or awards for a period of time to be determined based upon the seriousness of the violation.

(4) Any 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 Tacoma Community College as an official student group on campus. If the student group is a corporation, whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages. All college funding shall be frozen for any official student group ((scheduled to appear before the Tacoma Community College student rights and responsibilities committee for an)) alleged to have committed a hazing violation.

(5) Forfeiture of college funding, state-funded grants, scholarships or awards shall continue for a minimum of one quarter up to and including permanent forfeiture as determined by the Tacoma Community College student rights and responsibilities ((committee)) process based upon the seriousness of the violations.

[Statutory Authority: SSB 5075 passed by the 1993 legislature. 96-16-036, 132V-130-020, filed 8/1/96, effective 9/1/96.]

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