Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-14-0878.

     Title of Rule and Other Identifying Information: WAC 106-72-005 Equal opportunity/affirmative action and 106-72-025 Equal opportunity for students, proposed changes will update list of protected groups.

     Hearing Location(s): Barge 304, on October 24, 2006, at 2:00 p.m.

     Date of Intended Adoption: October 25, 2006.

     Submit Written Comments to: Judy B. Miller, President's Office, 400 East University Way, Ellensburg, WA 98926-7501, e-mail miller@cwu.edu, fax (509) 963-3206, by October 23, 2006.

     Assistance for Persons with Disabilities: Contact Disability Support Services by October 17, 2006, TTY (509) 963-2143.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify existing protected groups as required by federal legislation.

     Reasons Supporting Proposal: Consistent with federal law.

     Statutory Authority for Adoption: RCW 28B.10.528 and 28B.35.120(12).

     Rule is necessary because of federal law, 41 C.F.R. 60-50.

     Name of Proponent: Judy B. Miller, public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy E. Howard, Office for Equal Opportunity, 400 East University Way, Ellensburg 98926-7497, (509) 963-2205.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes are in response to federal law.

     A cost-benefit analysis is not required under RCW 34.05.328. Specifically dictated by federal law (RCW 34.05.328 (5)(b)(iii)), rules incorporating federal statutes or regulations without material change.

September 15, 2006

Jerilyn S. McIntyre

President

OTS-9016.1

AMENDATORY SECTION(Amending WSR 05-05-057, filed 2/14/05, effective 3/17/05)

WAC 106-72-005   Equal opportunity/affirmative action in employment.   Central Washington University is an equal opportunity employer. The university will:

     (1) Recruit, hire, train, and promote persons in all job titles, without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a ((disabled or Vietnam-era)) protected veteran.

     (2) Ensure that all personnel actions such as compensation, benefits, transfers, terminations, layoffs, return from layoff, reductions in force (RIF), university-sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a ((disabled or Vietnam-era)) protected veteran.

     Central Washington University is committed to affirmative action for Asians, Blacks, Hispanics, Native Americans, women, persons forty years of age or older, persons of disability, ((disabled veterans and Vietnam-era)) and all protected veterans. This commitment is expressed through the university's efforts to eliminate barriers to equal employment opportunity and improve employment opportunities encountered by these protected groups.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 05-05-057, § 106-72-005, filed 2/14/05, effective 3/17/05; 96-02-013 § 106-72-005, filed 12/21/95, effective 1/21/96; 94-20-062 (Order CWU AO 73), § 106-72-005, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-005, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-005, filed 11/7/86.]

     No person will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the university including, but not limited to, admissions, academic programs, student employment, counseling and guidance services, financial aid, recreational activities, and intercollegiate athletics.

     Programs may be developed by the university, however, for special student populations as affirmative action measures to overcome the effects of past discrimination.

     No member of the university community shall treat students differently because of their race, color, creed, religion, national origin, sex, sexual orientation, gender identity and expression, age, marital status, disability (except to provide reasonable accommodation), or status as a ((disabled or Vietnam-era)) protected veteran. The university has established mechanisms to address complaints to discriminatory treatment, including harassing behaviors (e.g., physical, verbal, graphic, or written) which might lead to the creation of a hostile environment.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 05-05-057, § 106-72-025, filed 2/14/05, effective 3/17/05; 96-02-013 § 106-72-025, filed 12/21/95, effective 1/21/96; 94-20-062 (Order CWU AO 73), § 106-72-025, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-025, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-025, filed 11/7/86.]

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