WSR 11-22-009

PROPOSED RULES

SOUTH PUGET SOUND

COMMUNITY COLLEGE

[ Filed October 21, 2011, 12:21 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-18-094.

Title of Rule and Other Identifying Information: Chapter 132X-10 WAC, Public records; chapter 132X-30 WAC, Use of college facilities; chapter 132X-40 WAC, Environmental protection; chapter 132X-50 WAC, Parking and traffic regulations -- South Puget Sound Community College; chapter 132X-60 WAC, South Puget Sound code of student rights and responsibilities; chapter 132X-70 WAC, Faculty tenure; chapter 132X-80 WAC, Course materials sales; and chapter 132X-90 WAC, Process for hearings.

Hearing Location(s): Boardroom, Student and Administrative Services Building #25, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, WA 98512-6292, on December 7, 2011, at 3:00 p.m.

Date of Intended Adoption: December 7, 2011.

Submit Written Comments to: Diana Toledo, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, WA 98512-6292, e-mail dtoledo@spscc.ctc.edu, fax (360) 586-3570, by November 30, 2011.

Assistance for Persons with Disabilities: Contact Diana Toledo by November 30, 2011, TTY (360) 596-5439.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 132X-10 WAC, to reflect updates to the RCW numbers, update college title/office changes and language for clarification; chapter 132X-30 WAC, for inclusion of new language to update and clarify guidelines and procedural changes; chapter 132X-40 WAC, to change terminology from "policy" to "rule"; chapter 132X-50 WAC, to update college title changes and definitions and to update and clarify language; chapter 132X-60 WAC, to update and add definitions of college terms and for inclusion of new language to update and clarify guidelines and procedural changes; chapter 132X-70 WAC, new, to specify the governing authority for faculty tenure and dismissal and to clarify purposes of granting professional leave to faculty; chapter 132X-80 WAC, new, to identify and provide guidelines for course materials sales and cost savings; and chapter 132X-90 WAC, new, to provide process for brief and full adjudicative hearing.

Reasons Supporting Proposal: The proposed changes are necessary to update the rules and help keep current with operational procedures.

Statutory Authority for Adoption: Chapter 28B.50 RCW and RCW 42.56.040.

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

Name of Proponent: South Puget Sound Community College, public.

Name of Agency Personnel Responsible for Drafting: President's staff (vice-presidents), Buildings 25 and 23, (360) 596-5206; Implementation and Enforcement: President's staff, Buildings 25 and 23, (360) 596-5206.

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

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

October 20, 2011

Gerald Pumphrey

College President

OTS-4354.1


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the South Puget Sound Community College District 24 with the provisions of chapter ((42.17)) 42.56 RCW, ((Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with RCW 42.17.250 through 42.17.340, dealing with)) Public Records Act.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-010, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-020   Definitions.   (1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) ((Writing.)) "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) South Puget Sound Community College District 24. The South Puget Sound Community College District 24 is an agency organized by statute pursuant to RCW 28B.50.040. Where appropriate, the term college also refers to the staff, the board of trustees, and the employees of the college.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-020, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-050   Public records available.   All public records of the college, as defined in WAC 132X-10-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310, 42.17.315, 42.17.260(1))) 42.56.210, 42.56.230, 42.56.070, 42.56.510 and WAC 132X-10-100.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-050, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-060   Public records officer.   The college's public records shall be in the charge of the public records officer designated by the president. The person so designated at the college is the ((vice-president for)) chief human resources officer. The public records officer shall be responsible for the following: The implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, ((and generally ensuring)) serving as a point of contact for members of the public in requesting disclosure of public records, and to oversee the college's compliance ((by the staff)) with the public records disclosure requirements of RCW ((42.17.250)) 42.56.001 through ((42.17.340)) 42.56.904.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-060, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-070   Office hours.   Public records shall be available for inspection and copying during the customary office hours of the college. For the purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through ((Friday)) Thursday, excluding legal holidays.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-070, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-080   Requests for public records.   In accordance with requirements of RCW ((42.17.250)) 42.56.001 through ((42.17.340)) 42.56.904 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request should be made in writing upon a form prescribed by the college which shall be available at its ((administrative)) human resources office. The form shall be presented to the public records officer and/or his/her designees, at the ((administrative)) human resources office during customary office hours referenced in WAC 132X-10-070. The request shall include the following information:

(a) The name, signature, mailing address, telephone and e-mail address (if any) of the person requesting the record;

(b) The time of day and calendar date on which the request was made; and

(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 college's current index, an appropriate description of the record requested)) and the specific identifiable record(s) being sought.

(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 and/or his/her designees, ((to)) should, whenever possible, assist the ((member of the public)) requestor in appropriately identifying the public record requested.

(3) The public records officer and/or his/her designee to whom the request is presented shall, by the close of five business days:

(a) Make the requested document available; or

(b) Advise the requestor as to the estimated date of availability of the requested record(s); or

(c) State that such a document does not exist; or

(((c))) (d) Ask for clarification of the document requested; or

(((d))) (e) Deny access because the document is exempt from public inspection under WAC 132X-10-050.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-080, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-080, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-090   Copying.   No fee shall be charged for the inspection of public records. The college shall charge a fee of 15 per page of copy for providing copies of public records and for use of the college's copy equipment. This charge is the amount necessary to reimburse the college for its actual costs incident to such copying. If a particular request for copies requires ((an unusually large amount of time, or)) the use of any equipment not readily available, the college will provide copies at a rate sufficient to cover any additional cost. All fees must be paid by money order, cashier's check or cash either in advance or at the time of tender of the records.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-090, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-100   Exemptions.   (1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132X-10-080 is exempt under the provisions of ((RCW 42.17.310, 42.17.315 and 42.17.260)) chapter 42.56 RCW including, but not limited to, RCW 42.56.510.

(2) In addition, pursuant to RCW ((42.17.260)) 42.56.070, the college reserves the right to ((delete identifying details when it makes available or publishes any public record)) lawfully strike out information in public records it discloses, 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)) constitute personal information as defined in RCW 42.56.230 or would constitute an invasion of privacy as defined in RCW 42.56.050 and referenced in RCW 42.56.230(2). The public records officer and/or his/her designee will ((fully justify such deletion in writing)) reflect the relevant RCWs supporting such strikeouts either on the document at the point of striking out or in a strikeout log enclosed with or part of the transmittal letter accompanying the records.

(3) All denials of requests for public records ((must)) will be accompanied by a written statement specifying the ((reason for the denial, including a statement of the specific exemption)) RCW exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(4) The release or disclosure of student educational records is governed by federal regulation (FERPA). Separate and different procedures are established by the college for student educational records.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-100, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-10-110   Review of denials of public records requests.   (1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer and/or his/her designees which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his/her designee denying the request shall refer it to the president. The president or his/her designee shall consider the college's obligation to comply with the intent of chapter ((42.17)) 42.56 RCW, the exemptions provided in ((RCW 42.17.310 or)) chapter 42.56 RCW including, but not limited to, RCW 42.56.070, 42.56.320, 42.56.510 and other pertinent statutes, ((and the)) along with statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. In any case, the request shall be returned with a final decision, within five business days following the original denial.

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

(4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial should be sent directly to the office of attorney general in Olympia, Washington. The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-10-110, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-110, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-120   Protection of public records.   Requests for public records shall be to the public records officer and/or his/her designees in the ((appropriate location)) human resources office. Public records and a facility for their inspection will be provided by the public records officer and/or his/her designees. Such records shall not be removed from the place designated for their inspection. Copies shall be made at South Puget Sound Community College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132X-10-090.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-120, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-10-130   Records index.   (1) Index. The public records officer and/or his/her designees have available to all persons a current index which provides identifying information as to those records adopted or promulgated and indexed since ((June 30, 1972)) January 2, 1973, in the following areas:

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

(b) Those statements of ((policy)) rules and interpretations of ((policy)) rules, statute 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;

(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;

(g) Financial records and budgets; and

(h) Board of trustees' minutes and reports.

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

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-10-130, filed 10/18/88.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132X-10-150 Request for public records to South Puget Sound Community College.

OTS-4355.1


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-30-010   General ((policy)) rule.   ((South Puget Sound Community College District 24 is an educational institution provided and maintained by the people of the state. Its campuses, buildings, properties and facilities shall be reserved at all times for those activities which are related to its broad educational objectives and goals. However, the facilities, when not required for scheduled college use, are available for rental by the public in accordance with specified fee schedules and other regulations and procedures for such use.)) The college allows but is not required to rent college facilities when they are not previously scheduled for college use to noncollege organizations or any individuals upon approval by the president or designee, and in accordance with administrative procedures.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-30-010, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-30-020   ((Administrative control.)) Use of designated public forums.   ((The board of trustees delegates to the president authority to establish procedures for proper review and approval of the use of the college's facilities; to establish, within the framework of these policies, regulations governing such use; and to establish and revise fee schedules consistent with WAC 132X-30-070.)) (1) In the interest of permitting persons to lawfully exercise their First Amendment right to free speech and embracing the college as a marketplace of ideas, the college has designated the following areas of its campus and facilities as open public forums:

(a) The outside area between Buildings 31, 32, and 33; and

(b) The outside area behind Buildings 27 and 28.

(2) Within these designated public forums, individuals may protest, assemble, and/or demonstrate so long as the individuals' words or conduct do not:

(a) Interfere with the free passage of students, faculty, staff, and/or vehicular traffic; or

(b) Interfere with the ingress or egress of any buildings; or

(c) Include any sound amplification such as, but not limited to, bullhorns, microphones, or loud speakers; or

(d) Constitute a substantial and material physical disruption of the college's interest in maintaining peaceful functioning of its campus and its students' ability to learn.

(3) Within these designated public forums, individuals may distribute handbills, leaflets, and similar materials so long as the material is not obscene, libelous, or unlawful.

(4) The designated public forums enumerated in subsection (1) of this section are not open as public forums during the following days of the year:

(a) The first week and the final exam week of each term; and

(b) Advising day; and

(c) Kickoff and convocation weeks, or in other words, the two weeks immediately preceding each quarter; and

(d) All campus event days.

(5) College facilities, including designated public forums, may not be used for commercial sales, solicitations, advertising or promotional activities unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department or office or officially chartered student club.

(6) A student, faculty member, or staff member who violates this regulation subjects himself or herself to discipline.

(7) A nonstudent, nonfaculty member, or nonstaff member who violates this regulation subjects himself or herself to discipline under WAC 132X-30-030 and may be subject to arrest for criminal trespass under RCW 9A.52.070 or 9A.52.080.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-30-020, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-30-030   Trespass regulations.   (((1) In order to safeguard the right of every citizen to criticize and to seek meaningful change, each individual has an obligation to respect the rights of all members of the college community.

(2) In order to assure those rights to all members of the college community and to maintain a peaceful atmosphere, the following types of conduct are hereby prohibited on or in college property:

(a) Conduct which intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the college campus;

(b) Physical abuse of any person or conduct which is intended unlawfully to threaten imminent bodily harm or to endanger the health or safety of any person on the college campus;

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

(d) Refusal to comply with any order of the president, the president's designee, or a law enforcement officer to leave the college campus or any portion thereof;

(e) 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 steels it to the conduct prohibited herein.)

(3) Guests and visitors on college property who willfully refuse to obey an order of the president, the president's designee, or a law enforcement officer to desist from conduct prohibited by the above rules and regulations may be ejected from the premises.

Refusal to obey such an order will subject the person to arrest under the provisions of the Criminal Trespass Act, in addition to such other sanctions as may be applicable.

(4) Persons who repeatedly engage in any conduct prohibited above may be barred permanently from college property. Before being barred permanently, a person will be given the following:

(a) Written notice sent to the person's last known address specifying the charges against the person; and

(b) The opportunity to request a hearing with the president or the president's designee within two weeks from the date notice is sent.

The written notice shall inform the person that he or she may produce and question witnesses, and that failure to request a hearing within the time specified constitutes a waiver of the person's right to such hearing. The college shall have the burden of proving that the person repeatedly engaged in conduct prohibited by subsection (2) of this section. After the hearing, if one is requested, the president or the president's designee may decide to bar the person from college property permanently, to grant the person a limited license to enter onto college property, or to grant the person full access to college property. A copy of the decision will be sent to the person's last known address within two weeks after the hearing.)) (1) The college president or designee, acting through campus security, shall have the authority and power to:

(a) Prohibit the entry of, or withdraw the license or privilege of, any individual to enter onto or remain upon any portion of a college facility; or

(b) Give notice against trespass to any individual 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; or

(c) Order any individual to leave or vacate all or any portion of a college facility.

(2) Authority under subsection (1) of this section may be exercised when:

(a) An individual who violates these regulations persists in the violation after notice of the specific nature of the violation has been given; or

(b) An individual or event is deemed to be substantial and material physical disruption of the peaceful functioning of the campus; or

(c) An individual or event threatens to disrupt the movement of persons within or to or from facilities owned and/or operated by the college; or

(d) An individual who threatens the safety or well-being of another person on campus or college activity.

Students, faculty, and staff of the college may be only ejected pursuant to this protocol where the duration of the ejection is for no more than a single day or where the ejection applies to a portion of the college facilities that the student or employee does not need to access in order to perform his or her studies or work.

(3) Students who violate WAC 132X-30-020 will be disciplined under chapter 132X-60 WAC.

(4) Faculty and staff members who violate WAC 132X-30-020 will be disciplined in accordance with established college policies.

(5) Individuals who are not students, faculty members, or college staff who violate WAC 132X-30-020 will be given notice of violation, and if the individuals persist in the violation, the college president or designee, acting through campus security, shall ask them to leave the college property.

This request to leave college property revokes any license or privilege the individuals may have had to enter onto or remain upon any portion of the college campus.

(6) Individuals who fail to leave campus after receiving notices of the violation shall be subject to arrest for criminal trespass under RCW 9A.52.070 or 9A.52.080.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-30-030, filed 10/18/88.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132X-30-040 Scheduling.
WAC 132X-30-050 Users.
WAC 132X-30-060 Limitations of use.
WAC 132X-30-070 Fees.

OTS-4356.1


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-40-010   Environmental protection ((policy)) rule.   It shall be the ((policy)) rule of South Puget Sound Community College District 24 that capital projects proposed and developed by the college shall comply with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA); chapter 197-11 WAC, SEPA rules; and WAC 131-24-030, SEPA implementation rules of the state board for community college education.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-40-010, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-40-020   Responsible officer.   In compliance with WAC ((197-10-820)) 197-11-910, the vice-president for administrative services is designated to be the "responsible official" for carrying out this ((policy)) rule.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-40-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-40-020, filed 10/18/88.]

OTS-4357.1


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-010   Purpose for adopting parking and traffic regulations.   Pursuant to the authority granted in RCW 28B.50.140(10), the board of trustees of South Puget Sound Community College District 24, on behalf of the college is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by or maintained by the college. The objectives of these regulations are:

(1) To protect and control pedestrian and vehicular traffic.

(2) To assure access at all times for emergency traffic.

(3) To minimize traffic disturbances ((during class hours)).

(4) To facilitate the work of the college ((by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all)).

(5) To regulate the use of parking spaces.

(6) To protect state-owned property.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-010, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-020   Applicable parking and traffic regulations.   (1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington shall apply on the campus.

(2) The traffic code of the city of Olympia shall apply upon all lands located within the city of Olympia. The traffic codes of the city of Tumwater shall apply upon all lands located within the city of Tumwater. The traffic code of the city of Lacey shall apply upon all lands located within the city of Lacey.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-020, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-030   Definitions.   As used in this chapter, the following words and phrases shall mean:

(1) "Annual permits": Permits which are valid from the date of issue until the first day of the following fall quarter. Annual permits are sold during fall quarter.

(2) "Board": The board of trustees of South Puget Sound Community College, District 24.

(3) "Campus": All lands and buildings devoted to, operated by, or maintained by South Puget Sound Community College, District 24.

(4) "Campus security officer": An employee of the college who is responsible for campus traffic control, parking, security, and safety.

(5) "College": South Puget Sound Community College, District 24.

(6) "Director of security": The college's safety and security supervisor.

(7) "Employee": Any individual appointed to the faculty, staff, or administration of the college. Student employment positions or college work study positions are not considered employees of the college in these definitions.

(((7))) (8) "Full-time employee": An employee of the college employed twenty hours or more per week on a permanent regular basis.

(((8))) (9) "Full-time student": Any person who is enrolled at this college and is taking ((ten)) twelve credit hours or more ((on the main campus)).

(((9))) (10) "Guests/visitors": ((A person or)) Persons who ((come upon the campus as guests and person or persons who lawfully)) visit the campus.

(((10) "Main campus": All lands and buildings located at 2011 Mottman Road S.W., Olympia, WA.))

(11) "Part-time employee": An employee of the college employed less than twenty hours per week. Student employees or college work study employees are not classified as part-time employees under these definitions.

(12) "Part-time student": Any person who is enrolled at this college and is taking ((nine)) eleven credits ((hours)) or less ((on the main campus)).

(13) (("Safety and security supervisor": The college's safety and security supervisor.

(14))) "Security office": The college's campus security office.

(((15))) (14) "Temporary permits": Permits which are valid for a specific period designated on the permit.

(((16))) (15) "Vehicle": Automobile, truck, motor-driven cycle, scooter or any vehicle otherwise powered.

(((17))) (16) "Vice-president for administrative services": The vice-president for administrative services for South Puget Sound Community College, District 24.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-030, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-030, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-040   Authorization for issuance of permits.   The ((safety and)) director of security ((supervisor)), or designee, is authorized to issue parking permits ((to students, administrators, exempt employees, faculty, staff, guests and visitors to the college,)) pursuant to the following regulations:

(1) ((A person may be issued a parking permit)) Upon the proper registration of his/her vehicle with the college.

(2) ((The safety and security supervisor, or a designee, may issue temporary, permanent or special parking permits)) When such permits are necessary to enhance the business or operation of the college.

(3) ((Additional permits are available at the current fee schedule to individuals who have registered other vehicles.)) Only one vehicle registered to an individual under one permit fee shall be permitted to park on campus at any one time.

(4) Persons who pay the current fee for parking permits and who later request a refund shall receive refunds according to the college's refund ((policy published in the college catalogues and bulletins)) rule. The person must first turn in the current quarter/annual permit to the cashier's office, before a refund will be issued.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-040, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-040, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-050   Parking fees for vehicle permits.   All students and employees of the college ((wanting to park on campus)) shall obtain and properly display a valid parking permit ((as issued by the college)) by the first day of the quarter on all vehicles ((parked or left standing unattended upon the college campus for both day and night classes,)) in accordance with WAC 132X-50-040. ((A valid temporary, daily, quarterly, or annual parking permit must be visibly displayed on the vehicle by the first day of the quarter.)) Day permits can be purchased at the pay station.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-050, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-060   Parking fee exceptions.   All guests/visitors (including, but not limited to, salespersons, contractors or service personnel) will park in appropriate parking areas without paying a fee after obtaining a temporary permit from the security office or ((they may park in metered parking (all users must pay) or)) purchase a daily permit at the pay station(s). ((These exceptions include, but are not limited to:

(1) Federal, state, county, city, school district and similar governmental personnel on official business in vehicles with tax exempt licenses.

(2) Vehicles owned by contractors and their employees working on campus construction may be parked within available construction sites or areas.

(3) Members of the press, television, radio and wire services, on official business.

(4) Taxis and commercial delivery vehicles for the pick up and delivery of passengers, supplies and equipment.

(5) Persons attending special college events.

(6) Guests/visitors invited to the campus for the purpose of rendering services to the college. Visitors parking spaces are reserved for visitors/guests. These spaces are time restricted and vehicles with a valid permit are not permitted to park in these spaces.

(7) Students and faculty participating in Friday evening (after 4:30 p.m.) and/or weekend classes only. Friday evening and weekend classes are not required to obtain temporary permits.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-060, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-090   Transfer of permits.   Parking permits are not transferable. If a vehicle is sold or traded, the new vehicle must be registered with the security office and the permit will be reissued ((or a new permit will be issued to the permit holder after paying the replacement cost)).

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-090, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-100   Permit revocation.   Permits are licenses and the property of the college, and may be ((recalled for any of the following)) revoked for reasons including, but not limited to:

(1) When the purpose for which the permit was issued changes or no longer exists.

(2) When a permit is used on an unregistered vehicle or by an unauthorized person.

(3) Falsification on a vehicle registration application.

(4) Continued violations of parking regulations.

(5) Counterfeiting or altering of permits.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-100, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-130   Delegation of authority.   The authority and powers conferred upon the vice-president for administrative services by these regulations shall be subject to delegation to that individual's subordinates.

((Campus)) The director of security or ((their)) designee((s)) have the authority ((in appropriate circumstances)) to demand and receive identification ((in appropriate circumstances)) from any person on owned or rented college property.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-130, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-130, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-150   Violation of parking and traffic regulations.   (1) Operators of illegally operated or parked vehicles shall be warned or cited ((through an appropriate means)) that they are in violation of these regulations. ((All fines are payable at the cashier's office.))

(2) In instances where violations are repeated (five or more ((unpaid/outstanding)) citations); or, vehicle is parked in such a manner as to endanger the college community; or, vehicle is parked in a fire lane or other posted tow-away, said vehicle(s) may be impounded and or immobilized.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-150, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-150, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-160   Issuance of traffic tickets or summons.   (1) Upon ((probable cause to believe)) reasonable belief that a violation of these regulations has occurred, the ((safety and)) director of security ((supervisor)) or designee(((s))), may issue a warning or citation.

(2) Such warning or citation may be served by attaching ((or affixing)) a copy ((thereof in some prominent place)) outside such vehicle or by personally serving the operator/owner or by mailing the citation.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-160, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-160, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-170   Fines and penalties.   The ((safety and)) director of security ((supervisor,)) or designee((s,)) is authorized to impose the following ((fines and penalties for violation of the regulations contained in this chapter)):

(1) Fines may be levied for all violations of the regulations contained in this chapter. All fines are payable at the cashier's office.

(2) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine, immobilized or may be impounded and taken to such place for storage as the safety and security supervisor, or designee, selects. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.

(3) The college shall not be liable for loss or damage of any kind resulting from immobilizing or impounding and storage of vehicles.

(4) Vehicles involved in violations of these regulations may be impounded or immobilized with a wheel lock as provided for in these regulations.

(5) A schedule of fines shall be set by the board of trustees.

(6) In the event a person fails or refuses to pay an uncontested fine which has been outstanding, the vice-president for administrative services or designee, shall initiate the following actions:

(a) Students will not be able to obtain a transcript of credits until all fines are paid.

(b) Students will not receive a degree/diploma or grades until all fines are paid.

(c) Students will not be able to register for subsequent quarters until all fines are paid.

(d) Staff, administrator or faculty members with outstanding fines may be turned over to a ((private)) collection agency for the collection of past due fines((.)) or other appropriate collection procedures((, such as garnishing wages may be used)).

(7) The following violations will be assessed ((in accordance with the fees and fine schedules as established by the board of trustees)):

(a) No valid permit displayed.

(b) Metered parking violation.

(c) No parking zone/area (not designated for parking).

(d) Carpool violation.

(e) Blocking vehicles/roadway.

(f) Parked in a fire lane.

(g) Disabled parking violation.

(h) Visitor parking violation.

(i) Occupying more than one space.

(j) ((Other parking violations of the college's parking regulations and its objectives.

(k))) Driving wrong way on a one-way roadway.

(((l))) (k) Failure to yield right of way.

(((m))) (l) Exceeding the posted speed limit or as conditions warrant.

(((n))) (m) Failure to stop at sign or signal.

(((o))) (n) Improper lane change.

(((p))) (o) Reckless driving.

(((q))) (p) Other violations of the college's traffic regulations and its objectives.

(((r))) (q) Wheel lock removal fee.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-170, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-170, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-180   Appeals proceedings -- Appeal of fines and penalties.   (1) The alleged violator must submit the appeal in writing, giving full particulars, listing witnesses, evidence, etc.

(2) The appeal must be submitted to the security office within five days from date of citation.

(3) If the appeal is not resolved to the satisfaction of the alleged violator, he or she ((shall have five additional days from receipt of the decision by the security office to appeal to the vice-president for administrative services)) may appeal for a brief adjudicative proceeding in accordance with chapter 132X-90 WAC.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-180, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-180, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-210   Designation of parking.   The parking spaces available on campus may be allocated and designated by the vice-president for administrative services in such a manner as will best achieve the objectives of these rules and regulations.

(1) Provisions will be made for ((disabled employees, visitors, and students. The college will meet or exceed the Americans with Disabilities Act requirement as to the number of disabled spaces available. Disabled individuals utilizing)) people with disabilities. People with disabilities using disabled parking spaces must display ((in that vehicle)) a valid state issued disabled parking permit or license plate on that vehicle. In addition to the disabled permit, a valid college parking permit must be purchased and displayed on the vehicle.

(2) Visitors parking shall be limited to spaces so designated.

(3) Parking spaces may be designated for special purposes as deemed necessary.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-210, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-210, filed 10/18/88.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-50-220   Parking within designated spaces.   (1) No vehicle shall be parked on the campus except in those areas ((set aside and)) designated for parking.

(2) No vehicle shall be parked ((so as to occupy any portion of)) in more than one parking space or stall.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-220, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-240   Speed limit.   No vehicle, except for emergency vehicles, shall be operated on the campus at a speed in excess of ((twenty miles per hour)) the posted speed limit, or such slower speed as is reasonable and prudent ((to)) under the circumstances. No vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities. Exception may be granted by the vice-president for administrative services.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-240, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-240, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-260   Two-wheeled motorbikes or bicycles.   (1) All two-wheeled vehicles powered by an engine shall park in areas designated for motorcycles only and will not use spaces assigned to automobiles or bicycles. All motorcycles parked on campus must ((purchase)) have a parking permit displayed.

(2) Bicycles and other nonengine powered cycles are to be parked in bicycle racks where provided. No person shall park a bicycle inside a building, by a doorway, on a path, sidewalk, walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic. Bicycles and motorcycles may be cited, immobilized or impounded if in violation of this section.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-260, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-260, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-270   Report of accidents.   (((1))) The operator of any vehicle involved in an accident on campus ((resulting in injury or death of any person or claimed damage to either or both vehicles exceeding five hundred dollars)) shall immediately report such accident to the security office. ((The operator shall within twenty-four hours after such an accident file all required state of Washington vehicle collision reports.

(2) Other minor accidents may be reported to the security office.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-270, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-270, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-50-280   Disabled and inoperative vehicles -- Impounding.   (1) ((Disabled or)) Inoperative vehicles shall not be parked on the campus for a period exceeding twenty-four hours, without authorization from the vice-president for administrative services, or designee.

(2) Vehicles parked more than forty-eight hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

(((3) The security office will attempt to contact the owners and/or operator and advise that vehicle will be impounded, if not removed.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-50-280, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-50-280, filed 10/18/88.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132X-50-080 Display of permits.
WAC 132X-50-190 Parking advisory committee.

OTS-4358.1


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-010   Preamble.   South Puget Sound Community College is dedicated not only to learning and the advancement of knowledge but also the development of ethically sensitive and responsible persons. It seeks to achieve these goals through a sound educational program and policies concerning conduct that encourage independence and maturity while strengthening the spirit of mutual cooperation and responsibility shared by all members of the college community. Sharing goals held in common, the students, faculty, and staff of South Puget Sound Community College are joined in voluntary association in an educational community.

((The student is, first of all, a member of the community at large, and as such, is entitled to the rights and responsibilities of any citizen of comparable age and maturity. In addition, students, as members of the college, are in the unique position of being citizens of two communities, subject to the regulations imposed by both and accountable to both. South Puget Sound Community College expects that students will respect the laws of the greater society. As an agency of the state of Washington, the college must respect and adhere to the regulations established by local, state, and federal authorities. As an educational institution, it has the added responsibility for assisting students in gaining an understanding of the law and its function, and the responsibilities imposed upon each individual in a democratic society to respect and support the legal structure which protects the individual and the society. As a functioning organization, it also has the responsibility to develop a set of regulations to assure the orderly conduct of the affairs of the college.))

Admission to the college carries with it the expectation that students will conduct themselves as responsible members of the college community, that they will comply with the rules and regulations of the college, maintain high standards of integrity and honesty, respect the rights, privileges and property of other members of the college community and will not interfere with legitimate college affairs.

((An atmosphere of learning and self-development is created by appropriate conditions in the college community. The rights and responsibilities in this document are critical ingredients in the free, creative, and spirited educational environment to which the students, faculty and staff at South Puget Sound Community College are committed.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-010, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-015   Definitions.   As used in this Code of Student Rights and Responsibilities the following words and phrases shall mean:

(1) Associated student body (ASB) SPSCC senate means the representative governing body for students, also referred to as student government, at South Puget Sound Community College recognized by the board of trustees.

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

(3) Board means the board of trustees of South Puget Sound Community College District 24, state of Washington.

(4) College means South Puget Sound Community College ((located within Community College)), District 24((, state of Washington)).

(5) 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.

(6) College personnel refers to any person employed by Community College District 24 on a full-time or part-time basis((, except those who are faculty members)).

(7) Disciplinary action means and includes dismissal or any lesser sanction of any student by the vice-president for student services, the student ((hearing committee)) judicial board, or the college president((, or the board of trustees)) for the violation of any of the provisions of the code of student rights and responsibilities for which such sanctions may be imposed.

(a) The college president or designee shall have the authority to take any disciplinary action including the authority to suspend any student of the college for a period not to exceed ten academic calendar days.

(b) The college president or designee shall have the authority to take any disciplinary action including the authority to dismiss any student of the college.

(8) District means Community College District 24, state of Washington.

(9) ((Faculty member(s) means any employee of South Puget Sound 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 responsibilities are comparable as determined by the appointing authority, except administrative appointments.

(10))) Hazing includes any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living 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 the college. Hazing does not include customary athletic events or other similar contests or competitions.

(10) Initiation means the ceremonies or rites by which a person is admitted into a club, organization, or living group not amounting to hazing. Initiation conduct may include embarrassments, ridicule, sleep deprivation, verbal abuse or personal humiliation.

(11) President means the duly appointed chief executive officer of South Puget Sound Community College, District 24, state of Washington, or in his/her absence, the designee.

(((11))) (12) Recognized student organization means and includes any group or organization composed of students which is recognized formally by ((the student government of)) the college.

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

(((13))) (14) Student, unless otherwise qualified, means and includes any person who is enrolled for classes ((or formally in the process of applying for admission to the college)).

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-015, filed 2/8/00, effective 3/10/00.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-020   Jurisdiction.   All rules herein adopted shall apply to every student whenever said student is present upon or in any college facility and whenever said student is present at or engaged in any college or recognized student organization sponsored activity or function which is held on or in noncollege facilities ((not open to attendance by the general public)).

Persons aiding or abetting a student's breach of this code shall be subject to having their privilege removed as to remaining on college property or engaging in college-sponsored activities, and/or appropriate disciplinary action pursuant to ((HEPB rules or faculty and administrative rules and regulations of conduct)) this code, college policies and procedures, and/or state civil or criminal law. If the privilege to remain on campus is revoked, trespassers shall be subject to possible arrest and prosecution under the state criminal trespass law.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-020, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-020, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-035   ((Authority to prohibit)) Trespass regulations.   (1) The college president ((is authorized in the instance of any event that the college president deems impedes the movement of persons or vehicles or which the college president deems to disrupt or threatens to disrupt the ingress and/or egress of persons from college facilities, and the college president acting through the vice-president for student services, or such other designated person, shall have the authority and power to:

(a) Prohibit the entry of, withdraw the license or privilege of a person or persons or any group of persons to enter onto or remain upon any portion of a college facility; or

(b) Give notice against trespass 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; or

(c) Order any person, persons or group of persons to leave or vacate all or any portion of a college facility.

(2) Any student who shall disobey a lawful order given by the campus president or designee pursuant to the requirements of subsection (1) of this section shall be subject to disciplinary action)) or designee, acting through campus security, shall have the authority and power to:

(a) Prohibit the entry of, or withdraw the license or privilege of, any individual to enter onto or remain upon any portion of a college facility; or

(b) Give notice against trespass to any individual 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; or

(c) Order any individual to leave or vacate all or any portion of a college facility.

(2) Authority under subsection (1) of this section may be exercised when:

(a) An individual who violates these regulations persists in the violation after notice of the specific nature of the violation has been given;

(b) Or an individual or event is deemed to be substantial and material physical disruption of the peaceful functioning of the campus;

(c) An individual or event threatens to disrupt the movement of persons within or to or from facilities owned and/or operated by the college; or

(d) An individual threatens the safety or well-being of another person on campus or college activity.

Students, faculty, and staff of the college may only be ejected pursuant to this protocol where the duration of the ejection is for no more than a single day or where the ejection applies to a portion of the college facilities that the student or employee does not need to access in order to perform his or her studies or work.

(3) Students who violate WAC 132X-30-020 will be disciplined under chapter 132X-60 WAC.

(4) Faculty and staff members who violate WAC 132X-30-020 will be disciplined in accordance with established college policies.

(5) Individuals who are not students, faculty members, or college staff and who violate WAC 132X-30-020 will be given notice of violation, and if the individuals persist in the violation, the college president or designee, acting through campus security, shall ask them to leave the college property.

This request to leave college property revokes any license or privilege the individuals may have had to enter onto or remain upon any portion of the college campus.

(6) Individuals who fail to leave campus after receiving notices of the violation shall be subject to arrest for criminal trespass under RCW 9A.52.070 or 9A.52.080.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-035, filed 2/8/00, effective 3/10/00.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-046   Student participation in college governance.   As members of the college community, students will be free, individually and collectively, to express their views on college ((policy)) rules, and on matters of general interest to the student body. The ASB-SPSCC constitution and the college's administrative procedures provide clear channels for student participation in the formulation and application of institutional policies regarding academic and student affairs. Individuals affected by a ((policy)) rule shall have a representative voice in the formulation of that ((policy)) rule.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-046, filed 2/8/00, effective 3/10/00.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-050   Student records.   In compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g and its implementing regulations, ((45)) 34 CFR 99, this ((policy)) rule has been created to ((insure)) provide confidentiality of student records at the college and govern the release of personally identifiable information contained within.

(1) Education records. Education records are defined as those records, files, ((and)) documents and other materials containing information directly ((pertaining)) related to a student((. At South Puget Sound Community College these are:

(a) Records pertaining to admission, advisement, registration, grading and progress to a degree that are maintained by enrollment services.

(b) Testing information used for advisement purposes by the counseling center.

(c) Information concerning payment of fees as maintained by the treasurer.

(d) Financial aid information as collected by the financial aid office.

(e) Information regarding students participating in student government or athletics that is maintained by the student programs office)) and which records are maintained by the college or by a person acting for the college.

(2) Access to education records. Students who are or have attended the college have the right to examine or review their ((personal)) education records, as defined above, by submitting to the registrar a written request indicating education records to which access is desired.

(3) Directory information. The following information is considered "directory information" and thus may be disclosed without consent of the student, unless otherwise directed by the student((,)) at any time, in writing, to the registrar ((in writing)): The student's name, address, telephone number, date and place of birth, major field of study, ((eligibility for and)) participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, academic honors, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(4) Disclosure from education records. In addition to directory information the college will, at its discretion, make disclosures from education records of students ((with the student's prior written consent or)) to the following listed parties without the consent of the student:

(a) To other college officials ((including college administrative and clerical staff, faculty, and students where officially elected or appointed to the ASB-SPSCC senate or employed by the college. Access or release of records to the above is permissible only when the information is required for the advisement, counseling, recordkeeping, reporting, or other)) who have legitimate educational interests ((consonant with their specific duties and responsibilities.)) in the information, including the educational interests of the student for whom consent would otherwise be required;

(b) To officials of ((another)) other schools or school systems in which the student seeks or intends to enroll((.)), upon condition that the student receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;

(c) To authorized federal, state, or local officials as required or authorized by law((.));

(d) In connection with financial aid for which the student has applied or received((.));

(e) To accrediting organizations, or organizations conducting studies ((for)) of or on behalf of the ((institution.)) college as qualified by FERPA;

(f) To appropriate parties in a health or safety emergency((.)) if the knowledge of such information is necessary to protect the health or safety of the student or other persons;

(g) To persons in compliance with a judicial order or a lawfully issued subpoena((,)) provided that the college first ((makes a reasonable effort to notify)) notifies the student((.)) before complying with the subpoena or court order;

(h) To parents of a dependent student((,)) as defined in 26 U.S.C. section 152 ((of the Internal Revenue Code of 1954)), upon receipt of a written affidavit stating that the student is a dependent for income tax purposes((. This, however, will not affect the other rights of the student)); and

(i) To other parties authorized by FERPA to receive such information without the student's consent.

In cases where consent of the student is required for release of education records, the student shall in writing, signed and dated by the student, specify: The records to be disclosed, the purpose or purposes of the disclosure, and the name of the party or parties to whom the disclosure can be made.

When personally identifiable information is released without prior consent of the student, other than directory information and information released to college officials or the student, the college official in charge of these records will record the names of the parties who have requested information from educational records and the nature of the interest in that information.

Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the written consent of the student. The college is not precluded from permitting third party disclosures to other parties ((listed in (a) through (h) of this subsection)) as permitted by law.

(5) Challenge of education records. Students who believe that information contained in their education records is inaccurate, misleading or violates the privacy ((or other rights)) of the student may request in writing to the appropriate college official that the college amend their record(s). The college official(s) will make every effort to settle disputes through informal meetings and discussion with the student.

In instances where disputes regarding contents of education records cannot be resolved by the parties concerned, the college official involved shall advise the student of the right to a ((hearing by the academic standards committee through a written request to the administrator for enrollment services. Should the academic standards committee deem that the education records in question are inaccurate or misleading, the committee can ask that the records be amended by the appropriate college official. If the education records are held to be accurate, the student shall be granted the opportunity to place within those records a personal statement commenting upon the information contained within)) brief adjudicative procedure.

((Each eligible)) Students ((is)) are afforded the right to file a written complaint concerning alleged ((failures)) violations under FERPA by the college ((to comply with the requirements of the act)). The address of the office designated to investigate, process, and review violations and complaints which are filed is:


((The Family Educational Rights and

Privacy Act Office (FERPA)

Department of Health, Education

and Welfare

330 Independence)) Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue S.W.

Washington, D.C. ((20201)) 20202


Copies of the Federal Register pertaining to the Family ((Education)) Educational Rights and Privacy Act may be obtained from:


Superintendent of Documents

U.S. Government Printing Office

732 N. Capitol Street N.W.

Washington, D.C. 20402

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-050, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-050, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-060   Student publications.   The college will establish a student publications ((policy)) code relating to officially sponsored publications and create a student publications board charged with the enforcement of the ((policy)) code. The publications board shall be composed of an administrator and three faculty appointed by the college president, and three students appointed by the associated student body president. These students shall not, while serving on the board, hold any student publications position appointed by the student publications board and shall not serve on any superior budgetary body.

The student publications ((policy)) code shall protect the students' freedom to deal with any ideas and to express any opinions in the student publications without fear of their censorship. Editors and managers of student publications are protected from arbitrary suspension and removal. Only for proper and stated causes, as outlined in the statement of purpose or philosophy adopted for each student publication, or for violation of responsible journalism practices should editors and managers be subject to removal and then by orderly and prescribed procedures.

The student editors and managers must practice responsible journalism and have freedom of expression as outlined in the "South Puget Sound Community College Student Publications Code." ((June 1999, Article I, A and B.

The operational responsibilities of the publication board are outlined in the "South Puget Sound Community College Student Publications Code" June 1999, Article IX:

(1) Appointment of each publication's editor.

(2) Reviewing budget requests of each student publication, prior to the submittal of those requests, recommending action on funding.

(3) Review any complaints pertaining to student publications.

(4) Resolve complaints about student editors and managers.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-060, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-060, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 03-03-089, filed 1/16/03, effective 2/16/03)

WAC 132X-60-065   ((Distribution and)) Posting of materials.   Permission for the posting of materials and literature on college property is not required in designated public posting areas on the campus.

Permission for the posting of materials and literature on ((college property)) nondesignated public posting areas shall be obtained from the following college officials:

(1) The dean of student ((programs)) life for the posting of materials in nondesignated areas in the student union building, the college center, hallways, within buildings and those areas located on campus outside of college buildings.

(2) No posting will be allowed on railings unless paint protection devices are used. Permission for any such postings must have the prior approval of the dean of student ((programs)) life.

(3) The appropriate college vice-president for permission for the ((dissemination and distribution)) posting of materials in other areas of the college campus, buildings, or facilities.

In addition, the following apply to the posting of materials:

(4) No posting of obscene materials.

(5) No materials will be posted or tacked on trees or the covered walkway gazebo(s).

[Statutory Authority: RCW 28B.50.140(13). 03-03-089, 132X-60-065, filed 1/16/03, effective 2/16/03; 00-05-023, 132X-60-065, filed 2/8/00, effective 3/10/00.]


AMENDATORY SECTION(Amending Order 88-1, filed 10/18/88)

WAC 132X-60-070   Use of college facilities.   Any ((recognized associated students of South Puget Sound Community College)) chartered student club or organization may request use of available college facilities for authorized activities. Facilities ((will)) may be provided free of charge to the student club or organization except when such use necessitates staffing and services beyond regular college requirements. ((Standard)) College fees will be charged in these cases.

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

Use of college facilities by noncollege organizations or individuals is addressed separately under WAC 132X-30-010.

[Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-070, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-080   Student complaints ((and grievances)).   The purpose of these procedures is to establish a process where a student may express and resolve misunderstandings((,)) or complaints ((or grievances)) with any college employee or procedure in a fair and equitable manner. ((This procedure emphasizes an informal resolution.))

A complaint is any expression of dissatisfaction with the performance of a college employee or procedure. The student who has a complaint about an action of a college employee should use the following procedure:

Nonacademic complaints

(1) Initiating ((a)) an informal nonacademic complaint:

(a) The student complainant and the college employee should make a good faith effort to resolve the ((grievance)) complaint on a one to one basis within fifteen ((instructional)) calendar days from the date of the complaint. In the event of absence from campus by the employee or if the student feels that he/she cannot meet face-to-face with the employee, the student ((shall)) may contact the organizational unit administrator for advice on how to proceed with the complaint. ((If the student feels that he/she cannot meet face-to-face with the employee he/she may directly contact the organizational unit administrator.))

(b) If the student determines that a complaint cannot be resolved appropriately with the employee concerned, the student may contact the organizational unit administrator of the employee to facilitate a solution to the ((grievance)) complaint.

(c) If a complaint filed with the appropriate organizational unit administrator has not been resolved, the student may proceed with a formal complaint.

(2) Proceeding with a formal nonacademic complaint:

(a) Office to address: Complaints regarding an instructional employee, procedure or ((policy)) rule shall be addressed to the vice-president ((of)) for instruction or designee. Complaints regarding an administrative services employee, procedure or ((policy)) rule shall be addressed to the vice-president ((of)) for administrative services or designee. Complaints regarding a student services employee((s)), procedure or ((other college personnel)) rule shall be addressed to the vice-president ((of)) for student services or designee. Complaints regarding all other employees, procedures or rules shall be addressed to the chief human resources officer.

(b) The vice-president/chief human resources officer/designee shall discuss with the student the concerns and options available to resolve the concern. If the student should elect to proceed with the formal complaint the student must outline in writing the complaint, identifying dates and persons involved ((as accurately as possible)).

(c) ((The vice-president shall also inform the student that the student may ask the vice-president for student services or another person the student chooses to act as an advocate in assisting the student in the completion of the complaint process.

(d))) The student's written complaint shall be forwarded to the employee concerned who shall provide a written response to the vice-president/chief human resources officer within ten ((instructional)) calendar days.

(((e) If the written response does not resolve the complaint to the satisfaction of the student, the vice-president shall convene a conference of all the involved parties within ten instructional days to (i) attempt to resolve to the satisfaction of all parties the complaint and/or (ii) hear the issue(s) and take appropriate action(s) to resolve the complaint.

(f))) (d) The vice-president/chief human resources officer/designee shall provide a written response to the student within ten calendar days of the receipt of the employee response or the complaint concerning a procedure or rule.

(e) Action taken by the vice-president((, if any,))/chief human resources officer/designee may be appealed to the president((, and must be done)) in writing within ten ((instructional)) calendar days. The decision of the president is final.

(3) ((Discrimination grievances:

Students who believe they have been discriminated against as defined in Title VII and Title IX of the Higher Education Act or Section 504 of the Handicapped Assistance Act may file a grievance through the human resources office.)) Academic complaints:

Students with an academic complaint including, but not limited to, grade disputes, should contact the faculty member within ten calendar days of the incident and attempt to resolve the issue(s). If unable to resolve the issue(s), the student should contact the appropriate dean or director within ten calendar days of contact with the faculty. If still unable to resolve the issue(s), the student should contact the supervising vice-president within ten calendar days within contacting the dean or director. The decision of the vice-president shall be final.

(4) ((Academic grievances:

Students with an academic grievance should first contact the instructor and attempt to resolve the issue(s). If unable to resolve the issue(s), the student should contact the appropriate division chair. If still unable to resolve the issue(s), the student should contact the vice-president for instruction. The decision of the vice-president shall be final.)) Discrimination complaints:

Students who believe they have been discriminated against, including sexual harassment, may pursue an institutional complaint under the procedures outlined in the South Puget Sound Community College nondiscrimination policy and discrimination complaint/grievance procedures and/or may pursue other remedies provided by law. Procedures for filing discrimination complaints, other than those related to disability discrimination or denial of accommodations, may be found at http://www.spscc.ctc.edu/getting-to-know-us/policies.

Procedures for filing disability discrimination complaints or denial of accommodations are addressed by the South Puget Sound Community College procedures and appeals process for accommodating students with disabilities and disability discrimination complaints. Those procedures may be found at http://www.spscc.ctc.edu/getting-to-know-us/policies.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-080, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-080, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-090   Violations.   Any student ((shall be subject to disciplinary action who, either as a principal actor or aider or abettor commits any of the following which are hereby prohibited)) found to have committed or to have attempted to commit any of the following violations on college-owned or controlled property or at college-sponsored or supervised functions is subject to the disciplinary sanctions outlined in WAC 132X-60-120:

(1) Abusive conduct: Physical and/or verbal abuse of any person or conduct, including hazing and initiations which is intended ((unlawfully)) to threaten imminent bodily harm or to endanger the health or safety of any person ((on college-owned or controlled property or at college-sponsored or supervised functions)).

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

(3) Dishonesty: All forms of dishonesty including: Cheating; plagiarism; knowingly furnishing false information to the college; intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency, ((on college premises or at any college-sponsored activity)); forgery; alteration or use of college documents or instruments of identification with intent to defraud.

(4) Disorderly conduct: Materially and substantially interferes with the personal rights or privileges of others or the educational process of the college.

(5) Drugs: Using, possessing, furnishing, or selling any narcotic or dangerous drug as those terms are used in Washington statutes, except when the use or possession of a drug is specifically prescribed to the student as medication by an authorized medical practitioner.

(6) Inciting others: Intentionally inciting others to engage in any prohibited conduct as defined herein, which incitement directly leads to such conduct. Inciting is the advocacy which prepares the group or individual addressed for immediate action and compels that individual or group to engage in the prohibited conduct.

(7) Insubordination: Failure to comply with lawful directions of college personnel acting in performance of their ((lawful)) official duties.

(8) Liquor: Possessing, consuming, or furnishing of alcoholic beverages ((on college-owned or controlled property or at college-sponsored or supervised functions)) where prohibited by law or college rules.

(9) Theft: Theft or conversion of college property or private property.

(10) Trespass/unauthorized presence: Entering or remaining unlawfully, as defined by state law, or using college premises, facilities, or property, without authority.

(11) Sexual harassment: ((It is the policy of the college that employees and students must be allowed to work and learn in an environment free from sexual harassment. Sexual harassment is expressly prohibited and will not be tolerated.

Sexual harassment is)) Unwelcome sexual advances, requests for sexual favors, other ((verbal or physical)) conduct ((of)) soliciting sexual favors, or other ((verbal or physical)) conduct of ((the)) a sexual nature which conduct objectively and subjectively creates a hostile environment that substantially interferes with a student's educational performance, or substantially interferes with an individual's work, regardless of whom is initiating or receiving that conduct. That is, sexual harassment conduct of employees toward students, supervisors toward supervisees, students toward students, ((or)) students toward employees. Sexual harassment complaints are covered by the college's Nondiscrimination Policy and Discrimination Complaint/Grievance Procedures at http://www.spscc.ctc.edu/getting-to-know-us/policies.

((Complaints of sexual harassment should be made orally or in writing to the vice-president for human resources (cases involving staff) or the vice-president for student services (cases involving students). Complaints should be reported promptly (within thirty days) in order to help ensure effective investigation and resolution. Complaints will be promptly investigated in a full and fair manner. The vice-president for human resources, serving as the college's affirmative action officer, is ultimately responsible for ensuring resolution of any sexual harassment complaints.

Anyone who is found to have violated this policy is subject to the normal and applicable disciplinary procedures of the college.))

(12) Weapons: Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(13) Computers - Misuse of technology: Use of college computers and/or computer programs for any purpose other than legitimate college business.

(14) Other violations: Students may be accountable to ((both)) civil and criminal authorities and to the college for acts which constitute violations of federal, state, or local law as well as college rules and policy. The college may refer any such violation to ((civilian)) civil and criminal authorities for disposition.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-090, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-090, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-100   ((Initial)) Disciplinary proceedings.   (1) Initiation of disciplinary action. ((Anyone may report, orally or in writing, violations to the vice-president for student services, or designee, who may initiate disciplinary action.)) Alleged violations shall be reported in writing to the vice-president for student services within ten calendar days of occurrence.

(2) Notice requirements. Any student charged with ((a)) an alleged violation shall receive written notice from the office of the vice-president for student services delivered to the student personally or by registered or certified mail to the student's last known address no later than two calendar weeks after a reported violation. The notice shall not be ineffective if presented later due to student's absence. ((Such)) The notice to the accused student shall:

(a) Inform the student ((that a report has been filed alleging that the student violated specific provisions of college policy and the date of the violation; and

(b) Set forth those provisions allegedly violated; and

(c))) what provision(s) of the student code he/she is charged with allegedly violating; and

(b) Specify the exact time and date the student is required to meet with the vice-president for student services; and

(((d) Specify the exact time, date, and location of the formal hearing with the student judicial board, if one is required; and

(e) Inform the student that he/she may question witnesses, that he/she may have anyone appear in his/her behalf to defend him/her, that he/she may have a maximum of three character witnesses appear in his/her behalf; and

(f))) (c) Inform the student that failure to appear at ((either of)) the appointed time((s at)) to meet with the vice-president for student ((services' office or at the hearing)) services may subject the student to suspension from the institution for a stated or indefinite period of time.

(3) Meeting with the vice-president for student services.

(a) At the meeting with the vice-president for student services the student shall be ((informed)) reinformed of the provision(s) of the code of student rights and responsibilities that are involved, and that the student may appeal any sanction imposed by the vice-president for student services ((and that if a hearing with the student judicial board is required the student may have that hearing open to the public)) as outlined in WAC 132X-60-105.

(b) After considering the evidence in the case and, as appropriate, interviewing the student or students involved, the vice-president for student services may take any of the following actions:

(i) Terminate the proceedings exonerating the student or students; or

(ii) Impose disciplinary sanctions as provided for in WAC 132X-60-120((; or

(iii) Refer the matter to the student judicial board for appropriate action)).

(c) A student accused and found guilty of violating any provision of ((college policy)) this code shall, within ten calendar days, be given ((immediate)) notification of any disciplinary action taken by the vice-president for student services, including a brief statement of the reasons for the decision and notice of their right to appeal to the student judicial board within ten calendar days of the disciplinary action taken by the vice-president.

(d) ((No)) Disciplinary action taken by the vice-president for student services is final unless the student ((fails to)) exercises the right of appeal ((as provided for in these rules)) to the student judicial board.

(((4) Student judicial board.

(a) Composition. The college shall have a standing student judicial board composed of nine members, who shall be chosen and appointed to serve as a standing committee until their successors are appointed. The membership of the board shall consist of three members of the administration, excepting the vice-president for student services, appointed by the president; three faculty members appointed by the faculty organization; and three students appointed by the associated students of South Puget Sound Community College senate. Any student entitled to a hearing before the student judicial board shall choose, in writing, five members of the board to hear and decide the appeal or disciplinary case, provided, the student must choose at least one student, one faculty member and one member of the administration from the nine member board. In the event that unforeseen circumstances prevent a previously selected board member from attending the hearing, the student must choose a replacement from among the balance of the standing committee.

(b) Hearing procedures.

(i) The five members of the student judicial board will hear, de novo, all disciplinary cases appealed to the committee by the student or referred to it by the vice-president for student services.

(ii) The five members of the student judicial board shall elect from among themselves a chairperson for the purpose of presiding at the disciplinary hearing.

(iii) The student shall be given written notice of the time, date, and location of the hearing; the specific charges against him/her; and shall be accorded reasonable access to the case file, which will be retained by the vice-president for student services.

(iv) Hearings will be closed to the public except for the vice-president for student services and/or designee, immediate members of the student's family, and the student's representative. An open hearing may be held, in the discretion of the chairperson, if requested by the student. All parties, the witnesses, and the public shall be excluded during the student judicial board's deliberations.

(v) The chairperson shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson or committee advisor may be excluded from the proceedings and may be subject to disciplinary action as set forth in this policy.

(vi) The student may question witnesses, bring an advocate to defend him/her, and have a maximum of three character witnesses appear on his/her behalf.

(vii) The burden of proof shall be on the vice-president for student services who must establish the guilt of the student by a preponderance of the evidence.

(viii) Formal rules of evidence and procedure shall not be applicable in disciplinary proceedings conducted pursuant to this code. The chairperson shall admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.

(ix) The vice-president for student services may appoint a special presiding officer to the student judicial board in complex cases or in any case in which the respondent is represented by legal counsel. Special presiding officers may participate in committee deliberations but shall not vote.

(x) In order that a complete record of the proceeding, including all evidence presented, can be made, hearings may be tape-recorded or transcribed. If a recording or a transcription is not made, the decision of the student judicial board must include a summary of the testimony and shall be sufficiently detailed to permit appellate review.

(xi) After considering the evidence in the case and interviewing the student or students involved, the student judicial board shall decide by majority vote whether to:

(A) Terminate the proceedings exonerating the student(s); or

(B) Impose disciplinary sanctions as provided in WAC 132X-60-120.

(xii) Final decisions of the student judicial board, including findings of fact or reasons for the decision, shall be delivered to the student personally or by registered or certified mail to the student's last known address and a copy filed with the office of the vice-president for student services.))

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-100, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-100, filed 10/18/88.]


NEW SECTION
WAC 132X-60-105   Student judicial board appeals process.   (1) Composition. The college shall have a student judicial board composed of six members, who shall be chosen and appointed to serve until their successors are appointed. The membership of the board shall consist of two members of the exempt staff, excepting the vice-president for student services, appointed by the president; two faculty members appointed by the faculty senate; and two students appointed by the associated student body president. Any student entitled to a hearing before the student judicial board shall choose, in writing, three members of the board to hear and decide the appeal, provided the student must choose at least one student, one faculty member and one exempt staff from the six-member board. In the event that unforeseen circumstances prevent a previously selected board member from attending the hearing, the student must choose a replacement from among the balance of the board.

(2) Disciplinary hearing procedures.

(a) The three members of the student judicial board will hear the appeal within ten days of receipt of the appeal from the student.

(b) The three members of the student judicial board shall elect from among themselves a chairperson for the purpose of presiding at the disciplinary hearing.

(c) At least seven calendar days in advance, the student shall be given written notice of the time, date, and location of the hearing; the specific charges against him/her; and shall be given reasonable access to a list of witnesses who will appear with a brief summary of the witness expected testimony and other evidence. The evidence will be retained by the vice-president for student services.

(d) Student judicial board hearings shall be held in closed session. The complainant, accused student and their representative/advocate, if any, the vice-president for student services, college counsel, counsel for the judicial board, and a court reporter or person operating audio recording equipment shall be allowed to attend the entire portion of the student judicial board hearing, excluding deliberation. Admission of any other person to the student judicial board hearing shall be at the election of the accused student.

(e) The chairperson shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the accused student, who disrupts a hearing or who fails to adhere to the rulings of the chairperson or board may be excluded from the proceedings and may be subject to disciplinary action as set forth in this code.

(f) The accused student has the right to be assisted by any person they choose, at their own expense. The chosen person is not permitted to speak or participate directly in any hearing before the judicial board. If the accused student chooses a licensed attorney, the accused student must notify the vice-president for student services at least five calendar days prior to the hearing, of the attorney's intended appearance.

(g) The accused student, vice-president for student services and/or their counsel may arrange for witnesses to present pertinent information to the student judicial board. Witnesses will provide information under oath and answer questions.

(h) Formal rules of evidence and procedure shall not be applicable in disciplinary proceedings conducted under this code. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the student judicial board at the discretion of the chairperson. All procedural questions are subject to the final decision of the chairperson of the student judicial board.

(i) There shall be a single verbatim record, such as a tape recording or transcript, of all student judicial board hearings, excluding deliberations. The record shall be the property of the college.

(3) Hearing conclusions. After considering the evidence in the case, the student judicial board shall decide by majority vote whether to:

(a) Affirm the disciplinary sanctions imposed by the vice-president for student services; or

(b) Terminate the proceedings exonerating the student(s); or

(c) Impose other appropriate disciplinary sanctions as provided in WAC 132X-60-120.

Final decisions of the student judicial board, reasons for the decision, including findings of fact, and conclusions of law, shall be delivered within ten calendar days of the hearing by return receipt requested mail to the student's last known address and a copy filed with the office of the vice-president for student services.

The decision of the student judicial board is final.

[]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-120   Disciplinary sanctions.   The following sanctions may be imposed by the vice-president for student services or the student judicial board upon any student found to have violated the code of student rights and responsibilities:

(1) Warning. Notice to a student, either verbally or in writing((, that the student has been in violation of college rules or regulations or has otherwise failed to meet the college's standards of conduct)). Such warnings will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary ((actions)) sanctions described below.

(2) Reprimand. Formal action censuring a student for violation of the college ((rules or regulations or has otherwise failed to meet the college's standards of conduct)) code. Reprimands shall be made in writing to the student ((as appropriate by the vice-president for student services or the student judicial board)) with copies filed in the office of the ((dean of students)) vice-president for student services. A reprimand will include the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary ((actions)) sanctions described below.

(3) Fines. ((The vice-president for student services and/or the student judicial board may)) Assess monetary fines ((up to a maximum of one hundred dollars per violation)) against individual students for violation of the college ((rules and regulations or for the failure to meet the college's standards of conduct)) code. The fines imposed will be deposited in the appropriate college account. Failure to pay such fines within thirty days ((will)) may, at the discretion of the vice-president for student services, result in suspension for an indefinite period of time as set forth in subsection (6) of this section, provided that a student may be reinstated upon payment of the fine.

(4) Restitution. An individual student may be required to make restitution for damage or loss to college or other property and for injury to persons. Failure to make restitution within thirty days ((will)) may, at the discretion of the vice-president for student services, result in suspension for an indefinite period of time as set forth in subsection (((6))) (8) of this section, provided that a student may be reinstated upon payment.

(5) Forfeit of state-funded grants, scholarships or awards. 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 determined by the college.

(6) Deprivation of official recognition of organization, association, student living group or club. Any organization, association, student living group or club that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by the college.

(7) Disciplinary probation. Formal action placing conditions upon the student's continued attendance for violations of the college ((rules or regulations or other failure to meet the college standards of conduct)) code. Written notice of disciplinary probation will specify the period of probation and any conditions, such as limiting the student's participation in extracurricular activities or access to specific areas of the college's facilities. Copies of the notice shall be kept on file in the office of the vice-president for student services and, at the discretion of the vice-president for student services, in the student's official educational records. Disciplinary probation ((may)) will 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)).

(((6))) (8) Suspension/dismissal. Temporary, ((indefinite,)) summary or permanent dismissal of a student from the college ((of a student)) for violation of college ((rules and regulations)) code. The written notification suspending a student will ((indicate, in writing,)) state the term of the suspension ((and)), any special conditions which must be met before readmission, and the provision for appeal for readmission as outlined in WAC 132X-60-130. ((Copies of the notification)) Notice shall be ((kept)) on file in the office of the vice-president for student services and in the student's official education record.

((Refund of fees for the quarter in which disciplinary action is taken shall be in accord with the college's refund policy.))

Students who are suspended from the college may be denied access to all or any part of the campus or other facility during the duration of the period of suspension.

Refund of tuition and fees for the quarter in which disciplinary action is taken shall be in accordance with the college's refund rules.

(9) Withholding transcripts and/or degree. The college may withhold issuing transcripts or awarding a degree otherwise earned until completion of the process set forth in this code.

(10) More than one of the sanctions listed above may be imposed for any single violation.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-120, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-120, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-130   Readmission after suspension/dismissal.   If the student has been suspended ((for an indefinite period))/dismissed, or feels that circumstances warrant reconsideration of the ((temporary)) suspension/dismissal prior to its expiration, the student may be readmitted following approval of a written petition submitted to the vice-president for student services. Such petition((s)) must state reasons, including appropriate documentation, which support a reconsideration of the matter. The vice-president for student services will respond in writing within ten calendar days of receiving the written petition for readmission.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-130, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-130, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-140   Summary suspension procedures.   (1) Initiation of summary suspension procedures. The vice-president for student services, or designee, may suspend any student of the college for not more than ten ((academic)) calendar days pending investigation, action or ((prosecution on charges)) initiating disciplinary proceedings of alleged violation(s) ((or violations)) of the college ((policy)) code, if the vice-president for student services has reason to believe the student's ((physical or emotional safety and well-being, or the safety and well-being of other college community members, or the safety and well-being of the college property requires such suspension)) presence presents an immediate danger to the public health, safety or welfare requiring immediate action.

(2) Permission to enter or remain on campus. During the period of summary suspension, the suspended student shall not enter the campus of the college or any facility under the operation of the college other than to meet with the vice-president for student services or to attend the disciplinary hearing. However, the vice-president for student services may grant the student special permission to enter a campus for the express purpose of meeting with faculty, staff, or students in preparation for the disciplinary hearing.

(3) Notice of order of summary suspension proceedings.

(a) If the vice-president for student services or designee finds it necessary to exercise the authority to summarily suspend a student, he/she shall ((give the student notice, orally or in writing, stating: The time, date, place, and nature of the alleged misconduct; the evidence in support of the charge(s);)):

(i) Send a notice including a brief statement of reason for the decision (findings of fact and conclusions of law); and

(ii) The corrective action or punishment which may be imposed against the student; that anything the student says to the vice-president may be used against the student; and that the student may either accept the disciplinary action or, within forty-eight hours or two ((work)) academic days following receipt of ((this notification)) the notice, file at the office of the vice-president for student services, ((a written request for a hearing by)) an appeal to the student judicial board. If the ((request)) appeal is not filed within the prescribed time, it will be deemed ((as)) waived. The college shall maintain its official record all documents considered or prepared regarding the matter.

(b) Appeal and disciplinary hearing. ((If oral notice is given, it shall be followed by written notice within forty-eight hours or two working days.)) The hearing shall be ((accomplished)) held according to the ((procedures)) process set forth in WAC ((132X-60-100)) 132X-60-105. Failure by the student to appear at the hearing with the student judicial board ((shall)) may result in the vice-president for student services or designee suspending the student from the college.

(((c))) (4) Classroom summary suspension and appeal process. Nothing herein shall prevent faculty members from taking ((reasonable)) summary action as may be reasonably necessary to maintain order when they have reason to believe that such action is necessary for the ((physical safety and well-being of the student, or the safety and protection of other students or of college property)) public health, safety or welfare requiring immediate college action or where the student's conduct materially and substantially disrupts the educational process.

(a) Such summary action in the form of removal from the classroom shall be effective for a period not to exceed ((two)) three scheduled classroom days.

(b) The faculty member must immediately report such suspension to the vice-president for student services who will follow the process in subsections (1), (2) and (3) of this section.

(c) Any summary action may be appealed immediately in writing by the student to the vice-president for student services ((for an informal hearing)).

(d) The vice-president for student services must decide the appeal within twenty-four hours' receipt of the appeal and their decision is final.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-140, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-140, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-150   Emergency procedures.   In the event of activities which interfere with the orderly operation of the college, the vice-president for student services or the president, or their designees shall determine the course of action which appears to offer the best possibility for resolution of the problem. The emergency procedures outlined below will be followed if deemed essential:

(1) Inform those involved in such activities that they are in violation of college ((and/or)) code or civil/criminal laws or regulations.

(2) Inform them that they should cease and desist. Indicate an area on campus where they are able to conduct their activities without interfering with the operation of the college, if such an area is available.

(3) If they do not respond within a reasonable time, call ((the civil authorities)) campus security.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-150, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), 132X-60-150, filed 10/18/88.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-160   Athletics -- Grounds for ineligibility.   Any student found to have violated chapter 69.41 RCW, which prohibits the unlawful sale, delivery or possession of prescription drugs, shall, after hearing and any appeals, be disqualified from participation in any college-sponsored athletic events or activities.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-160, filed 2/8/00, effective 3/10/00; 90-13-064, 132X-60-160, filed 6/18/90, effective 7/19/90.]


AMENDATORY SECTION(Amending WSR 00-05-023, filed 2/8/00, effective 3/10/00)

WAC 132X-60-170   Initiation of athletic ineligibility proceedings.   The vice-president for student services or ((his or her)) designee ((shall have the authority to request commencement of)) can initiate athletic ineligibility proceedings whenever he or she has reasonable cause to believe that the student has violated chapter 69.41 RCW or ((has)) been advised that the student has been convicted of a crime involving the violation of chapter 69.41 RCW. ((The)) A notice of the alleged violations ((and)), proposed ((suspension)) disqualification from participation and the opportunity for a ((hearing)) brief adjudicative proceeding shall be given to the student at least ten calendar days before the hearing. ((A student convicted of violating chapter 69.41 RCW in a separate criminal proceeding may be given by the vice-president for student services or his or her designee an interim suspension pending final determination of any administrative proceeding held under these rules.)) Should the student desire not to go forward with the hearing, the disqualification for participation in athletic events or activities shall be imposed as set forth in the notice of hearing to the student.

[Statutory Authority: RCW 28B.50.140(13). 00-05-023, 132X-60-170, filed 2/8/00, effective 3/10/00; 90-13-064, 132X-60-170, filed 6/18/90, effective 7/19/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132X-60-075 Commercial and promotional activities.
WAC 132X-60-110 Appeals of disciplinary action.
WAC 132X-60-178 Noncollege speaker policy.
WAC 132X-60-180 Ineligibility proceedings.

OTS-4359.1

Chapter 132X-70 WAC

FACULTY TENURE


NEW SECTION
WAC 132X-70-010   Tenure and dismissal.   It is the rule of the board of trustees of Community College District XXIV that all matters related to tenure and dismissal of academic employees shall be governed by the laws of the state of Washington and the terms of the negotiated agreement between the board of trustees of Community College District XXIV and the South Puget Sound Community College federation of teachers as contained in that agreement.

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NEW SECTION
WAC 132X-70-020   Professional leave.   It is the rule of the college that faculty be granted professional leave for the purpose of providing opportunities for study, research and creative activities for the enhancement of the college's instructional programs and services per RCW 28B.10.650.

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OTS-4360.1

Chapter 132X-80 WAC

COURSE MATERIALS SALES


NEW SECTION
WAC 132X-80-010   Purpose.   This rule governs affiliated bookstores in materials for courses.

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NEW SECTION
WAC 132X-80-020   Definitions.   (1) Materials means any supplies or texts required or recommended by faculty or staff for a given course.

(2) Bundled means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

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NEW SECTION
WAC 132X-80-030   Course materials and cost savings.   (1) The college bookstore will provide students the option of purchasing materials that are unbundled, when possible.

(2) The college bookstore will publicly disclose to faculty, staff and students the title, authors, edition, International Standard Book Number (ISBN), and retail price of materials on a per course basis four weeks before each term begins.

(3) The college bookstore will disclose publicly how new editions vary from previous editions by providing the contact information for the publisher when requested.

(4) When a new edition of a textbook is ordered by faculty, the bookstore will provide new text pricing for the faculty when contacted directly. The bookstore will also inquire if students may use the old edition if it is available.

(5) The college bookstore will promote and publicize book buy-back programs.

(6) Faculty and staff are encouraged to consider the least costly practices in assigning course materials such as:

(a) Adopting the least expensive edition available when educational content is comparable as determined by the faculty;

(b) Working closely with publishers and bookstore staff to create bundled materials if such packaging delivers cost savings to students; and

(c) Working with the bookstore staff to disseminate open source course materials when such open source materials are adopted and required for the course.

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OTS-4361.1

Chapter 132X-90 WAC

PROCESS FOR HEARINGS


NEW SECTION
WAC 132X-90-010   Purpose.   The purpose of this chapter is to provide process for brief and full adjudicative hearings.

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NEW SECTION
WAC 132X-90-020   Model rules of procedure.   The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at the college. Those rules may be found at chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by the college shall govern.

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NEW SECTION
WAC 132X-90-030   Variation from time limits.   The college finds that in light of its governance structure it may be necessary from time to time to change the time limits set forth in chapter 34.05 RCW for adjudicative or brief adjudicative hearings. The college is hereby authorized to provide for emergency variation of the time limits as required in a specific case(s). Any modification in the time limits shall be to new time limits that are reasonable under the specific circumstances. The presiding or reviewing officer shall give reasonable and adequate notice of the pertinent time limits to the affected persons. Affected persons may also waive any rights conferred upon them by chapter 34.05 RCW.

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NEW SECTION
WAC 132X-90-040   Brief adjudicative procedure.   This rule adopts the provision of RCW 34.05.482 through 34.05.494. Brief adjudicative procedures may, at the election of college, be used in all appeals related to:

(1) Residency classifications made pursuant to RCW 28B.15.013;

(2) Outstanding debts of college employees or students;

(3) Loss of eligibility to participate in athletic events;

(4) Contents of educational records pursuant to 34 C.F.R. section 99.21;

(5) Denial of mandatory tuition and fee waivers;

(6) Denial of tuition and fee refunds;

(7) Use of college facilities;

(8) Any other rule adopted by college which specifically provides for a brief adjudicative procedure.

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NEW SECTION
WAC 132X-90-050   Appointment of presiding officers.   The president or his/her designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington Bar Association, a panel of individuals, the president or his/her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, witness exclusion, means of recording adjudicative proceedings, and similar matters.

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NEW SECTION
WAC 132X-90-060   Application for adjudicative proceeding.   An application for adjudicative proceeding shall be in writing and should be submitted to the following address within twenty-one days of the college action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, South Puget Sound Community College, 2011 Mottman Road S.W., Olympia, Washington 98512-6292.

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NEW SECTION
WAC 132X-90-070   Discovery and prehearing conferences.   Discovery including investigation in adjudicative proceeding may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

Prehearing conferences or other conferences may be held for the settlement or simplification of issues at the discretion of the presiding officer, or pursuant to a motion by either of the parties for a prehearing conference. The prehearing conference may be conducted by telephone, television or other electronic means, in the discretion of the presiding officer and where the rights of the parties will not be prejudiced. Each participant in the conference shall have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place.

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NEW SECTION
WAC 132X-90-080   Method of recording.   Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.

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NEW SECTION
WAC 132X-90-090   Recording devices.   No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132X-90-050 and 132X-90-100, except for the method of official recording selected by the college.

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NEW SECTION
WAC 132X-90-100   Procedure for closing parts of the hearing.   The hearing is open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer. A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed and state the reasons therefore in writing within twenty days of receiving the request.

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NEW SECTION
WAC 132X-90-110   Process for excluding witnesses.   A party may apply for an order excluding witnesses for good cause. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine and may order, upon a showing of good cause, which, if any, witnesses should be excluded and state the reasons therefore in writing within twenty days of receiving the request.

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NEW SECTION
WAC 132X-90-120   Petitions for stay of effectiveness or to stop action.   A party may submit to the presiding or reviewing officer a petition for stay of effectiveness of a final order within ten days of service of the final order unless otherwise provided by statute or stated in the final order. Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers who entered the final order. Disposition denying a stay is not subject to judicial review.

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Washington State Code Reviser's Office