WSR 12-16-111

PERMANENT RULES

HIGHLINE COMMUNITY COLLEGE


[ Filed August 1, 2012, 10:17 a.m. , effective September 1, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of the proposal is to amend several chapters of TITLE 132I WAC to clarify and revise these chapters to accommodate contemporary business practices and policies.

The college's administrators had engaged in extensive discussions about the proposed WAC revisions with staff, faculty, and students over a five month period. The board of trustees conducted a public hearing to receive written and oral testimony about the proposed WAC revision as required by RCW 34.05.320.

The following chapters were revised: Chapters 132I-116, 132I-120, 132I-122 [not attached to this document], 132I-134, 132I-140, 132I-160, 132I-276, 132I-300, 132I-310 WAC, WAC 132I-124-020 and 132I-130-020 [not attached to this document].

Citation of Existing Rules Affected by this Order: Amending (12) chapters 132I-116, 132I-120, 132I-122 [not attached to this document], 132I-134, 132I-140, 132I-160, 132I-276, 132I-300, 132I-310 WAC, WAC 132I-124-020 and 132I-130-020 [not attached to this document].

Statutory Authority for Adoption: RCW 28B.50.140.

Adopted under notice filed as WSR 12-09-085 on April 18, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 14, Amended 69, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 13, Amended 69, Repealed 7.

Number of Sections Adopted Using Negotiated Rule Making: New 14, Amended 69, Repealed 7; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 12, 2012.

Larry T. Yok

Vice-President

for Administration

OTS-4691.1


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-020   Definitions.   As used in this document, the following words shall mean:

(1) Campus: Any property or facility over which Highline Community College exercises control as the owner, lessee, or tenant.

(2) College: Highline Community College, or any additional community college hereafter established with Community College District 9, state of Washington, and collectively, those responsible for its control and operations.

(((2))) (3) College community: Trustees, students, employees, and guests on college owned or controlled facilities.

(((3))) (4) College facilities: Includes any or all property controlled or operated by the college.

(((4))) (5) Student: Includes all persons attending or enrolled at the college, both full time and part time.

(((5))) (6) Campus ((police chief)) safety and security supervisor: An employee of Highline Community College District 9, state of Washington, who is responsible to the vice-president for administration for campus security, safety, parking, and traffic control.

(((6))) (7) Registered vehicle: A vehicle registered with the campus safety and security office.

(8) Motor vehicle: An automobile, truck, motor-driven cycle, scooter, or any vehicle powered by an engine or motor.

((Also included will be)) (9) Nonmotorized vehicle: Bicycles, skateboards, and other ((nonengine)) vehicles not equipped with engines or motors.

(((7))) (10) Visitor: Any person(s), other than currently enrolled students or college employees, who ((comes)) is on ((to)) the campus as a guest(s) or to visit the campus for meetings and/or other purposes.

(((8))) (11) School year: Unless otherwise designated, the time period commencing with the summer quarter of the community college calendar year and extending through the subsequent fall, winter, and spring quarters.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-020, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-020, filed 6/26/84; Order 015, 132I-116-020, filed 8/19/76; Order 014, 132I-116-020, filed 1/6/76; Order 003, 132I-116-020, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-030   Applicable parking and traffic rules and regulations -- Areas affected.   The following rules and regulations apply ((upon lands devoted to educational and recreational activities of)) to all persons operating vehicles on Highline Community ((College)) College's campus.

(1) The motor vehicle and other traffic laws of the state of Washington. ((These shall be applicable upon all lands located within the state of Washington.))

(2) The municipal traffic code of the city of Des Moines, state of Washington((. This code applies upon all lands)), to the extent that the college owns or controls property located within the city of Des Moines.

(3) The municipal traffic code of the city of Kent to the extent the college owns or controls property within the city of Kent.

(4) Any other municipal traffic codes applicable to college owned or controlled property that is located outside of the boundaries of the cities identified in subsections (2) and (3) of this section.

(5) The Highline Community College parking and traffic regulations((. These)), as set forth in this chapter, shall be applicable to all ((lands which are or may hereafter be devoted to the educational, recreational, or parking activities of)) properties owned or controlled by Highline Community College. In case of conflict with the state, county or municipal motor vehicle laws, those laws shall govern and take precedence over the ((college rules)) college's parking and traffic regulations.

[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-030, filed 6/26/84; Order 003, 132I-116-030, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-040   Parking and traffic responsibility.   The vice-president for administration is responsible for parking and traffic management on campus. In general, the responsibility is delegated to the safety and security ((chief who is to coordinate with the vice-president of students)) supervisor. ((Likewise,)) All duly appointed ((safety and security officers and other)) safety and security employees of Highline Community College shall ((be delegated)) have the authority to enforce all college parking and traffic regulations under the supervision of the safety and security supervisor.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-040, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-040, filed 6/26/84; Order 014, 132I-116-040, filed 1/6/76; Order 003, 132I-116-040, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-050   Permits required for vehicles on campus.   No person shall park or leave any motor vehicle, whether attended or unattended, upon the campus of Highline Community College without a permit issued by the safety and security office unless the vehicle is parked in a parking space designated for visitors. All persons parking on the campus will be given a reasonable time to secure a temporary or permanent permit from the safety and security office.

(1) A valid permit is:

(a) A current Highline Community College vehicle permit displayed in accordance with instructions.

(b) A temporary or guest permit authorized by the safety and security office and displayed in accordance with instructions.

(2) Parking permits are not transferable, except as provided in WAC 132I-116-100.

(3) The college reserves the right to refuse the issuance of a parking permit to any applicant.

(4) Visitors may park in designated "visitor" parking spaces without securing a permit. Visitor parking spaces are not available for use by currently enrolled students or college employees, provided that no motor vehicle shall occupy a "visitor" parking space in excess of the posted time limit.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-050, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-050, filed 6/26/84; Order 003, 132I-116-050, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-070   Authorization for issuance of permits.   The safety and security office is authorized to issue parking permits to students, faculty, ((and)) staff members, visitors and guests of the college pursuant to the following regulations:

(1) Students may be issued a parking permit upon the registration of ((his)) their motor vehicles with the safety and security office at the beginning of each academic ((period)) quarter.

(2) Full-time and part-time faculty and staff members may be issued a parking permit upon the registration of their motor vehicles at the time they begin their employment at the college.

(3) Full-time faculty and staff personnel may be issued a second ((car)) motor vehicle permit for another personally owned motor vehicle. A condition of issuance is that at no time will more than one vehicle be parked on campus.

(4) Car pool permits ((are)) may be issued to faculty, staff, and students. A car pool is defined as being from two to five persons. One transferable permit will be issued by the safety and security office for each car pool. This permit is transferable only among the registered members of the car pool. This permit will be displayed in accordance with the instructions provided with the permit. A condition of issuance is that at no time will more than one vehicle owned by members of the pool be parked on campus.

(5) The safety and security office may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

(6) ((Any)) Permit-holders may obtain temporary parking permits at the safety and security office without charge for an unregistered vehicle when necessary due to the nonavailability of ((his)) their registered vehicles.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-070, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-070, filed 6/26/84; Order 015, 132I-116-070, filed 8/19/76; Order 014, 132I-116-070, filed 1/6/76; Order 003, 132I-116-070, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-090   Display of permit.   Permits for automobiles, trucks, and other four-wheeled motorized vehicles must be ((hung in the front window from the rearview mirror)) easily visible through the vehicle's front windshield. Permits for motorcycles, motor scooters, and motorized bicycles must be placed in a location on the vehicle that is easily visible. Permits not displayed in accordance with the provisions of this section shall not be valid and ((vehicles displaying)) with the ((improper)) improperly placed permits shall be subject to citation. ((Permits shall be displayed on the front fender of a motorcycle, scooter, or bicycle.))

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-090, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-116-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-090, filed 6/26/84; Order 003, 132I-116-090, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-100   Transfer of permits.   Parking permits are transferable between vehicles registered to the permit holder. Permits may be reissued as authorized by the safety and security ((chief)) supervisor.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-100, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-100, filed 6/26/84; Order 014, 132I-116-100, filed 1/6/76; Order 003, 132I-116-100, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-110   Permit revocation.   Parking permits are licenses and remain the property of the college and may be recalled for any of the following reasons:

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

(2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or

(3) Falsification of a parking permit application; or

(4) Continued violation of parking rules and regulations; or

(5) Counterfeiting or altering of a parking permit; or

(6) Failure to comply with a final decision of the ((citation review committee or)) institutional hearing officer.

[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-110, filed 6/26/84; Order 003, 132I-116-110, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-130   Permit holder's responsibility ((of person to whom permit issued)).   The person to whom a permit is issued is the permit holder and is responsible for all violations of the parking and traffic rules and regulations involving the vehicle for which the permit was issued. Provided, however, that such responsibility shall not relieve any other persons who ((violate these)) operate the permitted vehicle from complying with these parking and traffic rules and regulations. In the event that a vehicle in violation is not ((registered)) the subject of a permit with the college, the vehicle's current registered owner will be responsible for the violation(s) of the campus regulations.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-130, filed 11/12/04, effective 12/13/04; Order 003, 132I-116-130, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-140   Designation of parking spaces.   The parking spaces available on campus shall be designated and allocated in such a manner as will best achieve the objective of the rules and regulations contained in this document.

(1) Faculty and staff spaces shall be designated.

(2) Student spaces shall be designated for their use((; provided physically handicapped students may be granted special permits to park in proximity to the classrooms used by such students)).

(3) Parking spaces shall be designated for use of visitors and guests on campus.

(4) Parking spaces shall be designated for motorcycles, motorized bicycles, and scooters.

(5) Parking spaces may be designated for other purposes as deemed necessary.

(6) Parking spaces shall be designated for disabled individuals who display a disabled parking placard or license plate issued by the Washington department of licensing as authorized by chapter 46.19 RCW or a similar agency of another state.

[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-140, filed 6/26/84; Order 003, 132I-116-140, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-150   Parking within designated spaces.   (1) ((Any person parking a)) Vehicles on the Highline Community College ((property)) campus shall ((park his vehicle)) be parked in designated parking areas only. These areas are marked by a curb, white lines, or signs. Parking on or over a line constitutes a violation.

(2) No motor vehicle may be parked ((any place where official signs prohibit parking)) in posted "no parking" and "fire lane" zones, ((or)) within ten feet of a fire hydrant; on any area ((which)) that has been landscaped or designed for landscaping; or on any ((cement)) paved walkway or unpaved pathway designated for pedestrian use((, except for the purposes of maintenance by an appropriate Highline Community College employee or by an agent from an outside firm employed by Highline Community College)). This prohibition shall not apply to vehicles operated by the college maintenance or safety and security employees, by persons who have received express authorization from the safety and security office, or ((in the case of)) emergency response vehicles.

(3) No motorcycles, motorized bicycles, scooters, or bicycles shall be parked inside a building, ((near)) against a building or handrails, or ((on a path or)) sidewalk or other pedestrian pathway. Bicycles must be secured to racks as provided.

(4) Motor vehicles ((which)) that have been parked in excess of ((72)) seventy-two hours and ((which)) that appear to be ((inoperative)) inoperable or abandoned may be impounded and stored at the expense of ((either or both)) the owner and/or operator thereof, pursuant to WAC 132I-116-222.

(5) ((Personnel who require parking)) Persons seeking to park on campus longer than ((normal parking)) seventy-two hours ((may)) must apply ((through)) and receive authorization from the safety and security office ((for permission)).

(6) All vehicles shall follow traffic arrows and other markings established for the purposes of directing traffic on campus.

(7) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion or more than one space or stall shall not constitute an excuse for ((a)) violation of this section.

(8) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to WAC 132I-116-140.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-150, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-150, filed 6/26/84; Order 003, 132I-116-150, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-170   Night parking.   Students, faculty, and staff with a valid parking permit may park in any area A or B spaces on a first-come first-serve basis between the hours of 4:00 p.m. and 10:45 p.m., provided that disabled parking spaces remain restricted to motor vehicles displaying a valid disabled parking permit parking placard or license plate from an authorized governmental agency.

[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-170, filed 6/26/84; Order 003, 132I-116-170, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-190   Regulatory signs and directions.   The safety and security ((chief)) supervisor is authorized to erect signs, barricades, and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings, and directions shall be ((so)) made and placed as to best effectuate the objectives of these rules and regulations, in the opinion of the vice-president for administration or his or her designee. Drivers of vehicles shall observe and obey the signs, barricades, structures, markings, and directions erected pursuant to this section. Drivers shall also comply with the directions ((given them by the safety and security officer or other)) from safety and security personnel including commissioned law enforcement officers in the control and regulation of traffic.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-190, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-190, filed 6/26/84; Order 014, 132I-116-190, filed 1/6/76; Order 003, 132I-116-190, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 003, filed 9/27/73)

WAC 132I-116-200   ((Speed limit.)) Vehicle operation.   (1) No vehicle shall be operated on the campus at a speed in excess of ten miles per hour or as posted. No vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities.

(2) No vehicle shall be operated in such a negligent or reckless manner as to place person(s) or property in danger of injury or grievous harm.

(3) Upon a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

(4) No motorized vehicle shall be operated on pedestrian walkways or pathways with the exception of official college vehicles, emergency response vehicles, and vehicles granted permission to do so by the safety and security office.

[Order 003, 132I-116-200, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-210   Pedestrian's right of way.   (1) The operator of a vehicle shall ((yield right of way, slowing)), slow down or ((stopping)) stop, if need be, to yield the right of way to any pedestrian, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle ((which)) that is so close that it is impossible or unsafe for the driver to yield.

(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass such a vehicle which has slowed or stopped to yield to pedestrian traffic.

(((3) Where a sidewalk is provided, pedestrian shall proceed upon such a sidewalk.))

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-210, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-210, filed 6/26/84; Order 003, 132I-116-210, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-222   Impounding of vehicles.   Any vehicle parked ((upon lands devoted to the educational, recreational, or parking activities of Highline Community College)) on campus in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington and the traffic code of the ((city)) cities of Des Moines and Kent as incorporated in WAC 132I-116-030, may be impounded and ((taken to such place for storage as the safety and security chief selects)) towed to an impound lot by a duly authorized towing company under contract to provide towing services to the college. The expense of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by him prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such immobilization, impounding, and/or storage.

((Impounding of vehicles shall)) Circumstances in which vehicles may be impounded include, but are not ((be)) limited to the following:

(1) Blocking a roadway ((which blocks the flow of)) in a manner that impedes vehicular or pedestrian traffic;

(2) Blocking a walkway ((which)) in a manner that impedes ((the flow of)) pedestrian traffic;

(3) Blocking a ((fire hydrant or fire-lane)) fire lane or impeding access to a fire hydrant including parking within ten feet of a fire hydrant;

(4) Creating a safety hazard in the opinion of the safety and security ((chief)) supervisor or his or her designee;

(5) Blocking ((another)) a legally parked car;

(6) Parking in a marked "tow-away" or "no parking" zone;

(7) Having an accumulation of four or more outstanding college parking/traffic violations;

(8) Illegally parking in a handicapped parking space;

(9) Parking anywhere other than a designated parking area; or

(10) Parking on campus for more than seventy-two hours without prior authorization from the safety and security office.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-222, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-222, filed 6/26/84.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-230   Report of accident.   The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or damage to either vehicles of $500.00 or more, shall within twenty-four hours report such accident to the safety and security ((chief)) office. This does not relieve any person so involved in an accident from ((his)) their responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-230, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-230, filed 6/26/84; Order 014, 132I-116-230, filed 1/6/76; Order 003, 132I-116-230, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-240   Specific traffic and parking regulations and restrictions authorized.   Upon special occasions or during emergencies, the safety and security ((chief)) supervisor is authorized to impose additional traffic and parking regulations and restrictions consistent with the objectives specified in WAC 132I-116-010.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-240, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-240, filed 6/26/84; Order 014, 132I-116-240, filed 1/6/76; Order 003, 132I-116-240, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-250   Enforcement.   Parking and traffic rules and regulations will be enforced throughout the calendar year((. Parking and traffic rules and regulations are enforced)) on a twenty-four hour daily basis.

[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-250, filed 6/26/84; Order 014, 132I-116-250, filed 1/6/76; Order 003, 132I-116-250, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-260   Issuance of traffic citations.   Upon the violation(s) of any of the parking and traffic rules and regulations contained in ((this document)) chapter 132I-116 WAC, the safety and security ((chief or subordinates)) personnel are authorized to issue ((traffic)) citations, setting forth the date, the approximate time, permit number, license number, name of permit holder, infraction, ((officer)) safety and security employee, and schedule of fines. ((Such traffic)) Parking citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator. ((Violation(s) of the college parking and traffic rules and regulations refers to:

(1) No parking permit displayed. Highline Community College parking permit is necessary when parking in any area on campus. The permit must be prominently displayed.

(2) Failure to stop at stop sign/signals. The failure to bring a vehicle to a complete stop at properly erected and identified stop signs/signals.

(3) Failure to yield right of way. The fact of depriving another vehicle or pedestrian of the right of way at an intersection or crosswalk.

(4) Improper parking. Parking a vehicle in areas that are intended for purposes more than parking, i.e., fire lanes, driveways, sidewalks, lawns, or taking more than one parking stall.

(5) Parking in the wrong area. Parking in faculty/staff areas, disabled persons area, or visitor area and/or any other area differing from the locations indicated on the issued permit.

(6) Negligent/reckless driving. The operation of a vehicle in such a manner as to place person(s) or property in danger of injury or grievous harm.

(7) Speeding. The operation of a vehicle in such a manner as to exceed the posted speed limits.

(8) Wrong way on one-way roadways. Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

(9) Permits not displayed pursuant to the provisions of this chapter shall not be valid.

(10) Other violations. Clearly indicated and an actual violation of the law or traffic ordinances. The violation must be recorded in the space provided on HCC parking/traffic citation.))

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-260, filed 11/12/04, effective 12/13/04. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-260, filed 6/26/84; Order 014, 132I-116-260, filed 1/6/76; Order 003, 132I-116-260, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-270   Fines and penalties.   (1) Fines may be levied for ((all)) any violations of the rules and regulations contained in chapter 132I-116 WAC ((132I-116-260)).

In addition to a fine imposed under these regulations, illegally parked vehicle(s) may be ((taken to a place for storage as the safety and security chief selects. The expenses of such impoundings and storage shall be the responsibility of the registered owner or driver of the vehicle. The college shall not be liable for loss or damage of any kind resulting from such impounding and storage)) subject to impound pursuant to WAC 132I-116-222.

(2) A schedule of parking and traffic fines and penalties ((schedule)) shall be adopted by the board of trustees.

(3) An accumulation of ((traffic violations)) unpaid citations that are more than twenty calendar days overdue from the date of the citation(s) by a student ((shall)) may be cause for disciplinary action, and the ((vice-president of students)) chief student affairs officer (CSAO) may initiate disciplinary proceedings against such students. No disciplinary action shall be taken until the student has completed the appeal process or waived his or her appeal rights.

(4) An accumulation of ((traffic violations)) unpaid citations that are more than twenty calendar days overdue from the date of the citation(s) by faculty or staff members shall be turned over to the ((controller)) financial services office for the collection of fines ((not received by the vice-president for administration, or his designee)). The collection process shall not commence until the faculty or staff member has completed the appeal process or waived his or her appeal rights.

(5) Parking and traffic ((violations)) citations will be processed by the ((college)) campus safety and security office. Parking and traffic fines are to be paid to the ((safety and security)) cashier's office.

(6) Parking and traffic fines shall be charged for offenses ((as indicated in a separate document)) according to the schedule established by the board of trustees.

(7) In the event a student fails or refuses to pay a fine, the following may result:

(a) Student may have a hold placed on his or her record and may not be eligible to register;

(b) Student may not be able to obtain a transcript or his or her grades or credits;

(c) Student may not receive a degree ((until all fines are paid));

(d) Student may be denied future parking privileges;

(e) Student's vehicle may be impounded((.));

(f) Student's debt may be turned over to a collection agency in accordance with the college's collection policy.

(8) Parking and traffic fines are due twenty calendar days from the date of citation. Provided that if ((an)) timely appeal is ((taken)) filed, such fine shall be due twenty calendar days from the date of service upon the violator of the ((result of)) order terminating the appeal.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-270, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-116-270, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-270, filed 6/26/84; Order 014, 132I-116-270, filed 1/6/76; Order 003, 132I-116-270, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-116-280   Parking fees.   Parking fees shall be specified and adopted by the board of trustees((, specifying the charge per year and quarter)).

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-116-280, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-280, filed 6/26/84; Order 015, 132I-116-280, filed 8/19/76; Order 003, 132I-116-280, filed 9/27/73.]


AMENDATORY SECTION(Amending WSR 04-23-044, filed 11/12/04, effective 12/13/04)

WAC 132I-116-300   Appeal of fines and penalties.   Any ((fines and penalties levied against a violator)) citation for violation of ((the)) these rules and regulations ((set forth herein)), may be appealed. The appeal must be ((made)) submitted in writing, within twenty calendar days from the date of the citation, to the safety and security ((chief)) supervisor or designee, who will:

(1) Review the appeal and confer with the appellant to determine whether a satisfactory solution, to all parties, can be reached without further administrative action. If a solution satisfactory to all parties cannot be reached, the safety and security supervisor will issue and serve the appellant with a brief written order explaining why the appeal was denied. Service shall be in person or by first class mail. For purposes of this regulation, service by mail will be deemed complete on the third business day after the order is deposited in the mail.

(2) ((If the appellant is not satisfied with the decision)) An appeal of the safety and security ((chief, an appeal)) supervisor's order may be ((made,)) submitted in writing((,)) to the college's vice-president for administration or designee within twenty-one calendar days ((of the appellant's receipt of the decision)) after service of the safety and security supervisor's order is complete. The written appeal must be accompanied by a copy of the security supervisor's order. Within twenty ((working)) calendar days from the receipt of any such appeal, the college's vice-president for administration or designee shall render a written decision. ((The)) This decision will be final.

(3) The final legal recourse for an appellant is to the Washington state superior court system.

(4) In the event that the appeal involves an impounded vehicle, the ((owner of such vehicle)) vehicle's owner shall have the right to a hearing before the safety and security supervisor or his or her designee within forty-eight hours of a request, or on the ((first workday after impoundment if the vehicle is impounded on a Friday or on a Thursday if a three-day weekend, whichever is longer, for such, before the safety and security chief)) next business day if the forty-eight hour period terminates on a weekend or holiday. The vehicle's owner ((of the vehicle)) shall also be entitled to a release of ((his)) the vehicle upon payment of a bond to the college in the amount of the sum of the impoundment costs and the total of all fines due and owing. If at the hearing it is shown that the vehicle was improperly impounded, the owner of the vehicle shall be entitled to a refund of the costs of impoundment. The vehicle's owner may appeal the safety and security supervisor's order as provided in WAC 132I-116-300(2).

(5) In all appeals under this section, the appellant carries the burden of proof, which shall be a preponderance of the evidence.

[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50.140. 04-23-044, 132I-116-300, filed 11/12/04, effective 12/13/04. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-116-300, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), 132I-116-300, filed 6/26/84; Order 014, 132I-116-300, filed 1/6/76; Order 003, 132I-116-300, filed 9/27/73.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132I-116-285 Schedule of parking fees.

OTS-4692.1


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-100   College community expectations((, and code of conduct)).   (1) Civility statement. Members of Highline Community College community accept the responsibility to promote a learning and working environment which ensures mutual respect, civility, honesty, and fairness. Members of the college community are expected to uphold the college's values and ethics necessary to maintain a positive campus climate, which includes health, safety and welfare of the campus community. To be active participants in the process of education, college community members will strive to adhere to the following expectations:

(a) To be positive contributors to the college, the city of Des Moines, and the surrounding community.

(b) To conduct themselves with civility and be held accountable as members of the HCC community.

(c) To be honest and take responsibility for treating others with respect and dignity.

(d) To be open to the concepts of leadership, diversity, and wellness.

(e) To be open-minded and prepared to learn.

(2) Educational expectations. Students who choose to attend Highline Community College also choose to participate actively in the adult learning process offered by the college. As a process, learning is not a product or commodity, which is bought and sold, but rather, it is a relationship between instructors who are willing to teach, staff who are willing to support, and students who are willing to learn. Therefore, the responsibility for learning is shared equally between students, staff, and faculty.

(3) Student responsibilities. The college is responsible for providing its students with an educational environment rich in the high quality resources needed by students to attain their individual educational goals. In return, students are responsible for making themselves aware of the full breadth of the resources available, for the timely choosing and appropriate use of these resources, and for the specific behavioral tasks necessary for attaining the desired learning outcomes. Student responsibilities include but are not limited to the following: To actively participate in the learning process by adhering to the college's policies, practices, and procedures; attending all class sessions; utilizing campus resources; participating actively in the advising process; seeking timely assistance in meeting educational goals; and assuming responsibility for the selection of courses to achieve those goals.

(((4) Code of conduct. As members of the college community, students are expected to obey all college rules and regulations and are prohibited from engaging in any unlawful conduct. Any student who, either as a principal actor, aid, abettor, or accomplice as defined in RCW 9A.08.020, as now law or hereafter amended, violates any local, state or federal law, interferes with the personal rights or privileges of others or the educational process of the college, or violates the code of conduct which includes, but is not limited to, the categories listed below, shall be subject to disciplinary action as provided in this chapter (see WAC 132I-120-410).

(a) Personal offenses.

(i) Assault, reckless endangerment, intimidation, or interference upon another person in the manner set forth in RCW 9A.36.010 through 9A.36.050, or 28B.10.570 through 28B.10.572, as now law or hereafter amended.

(ii) Disorderly, disruptive, or abusive behavior which interferes with the rights of others or obstructs or disrupts teaching, learning, research, or administrative functions.

(iii) Inattentiveness, inability, or failure to follow the reasonable instructions of any college employee acting within their professional responsibility, thereby infringing upon the rights and privileges of others.

(iv) Refusal to comply with any lawful order to leave the college campus or any portion thereof by college personnel when necessary for the college to achieve its purpose of providing educational programs and services.

(v) Unauthorized assembly, obstruction, or disruption which materially and substantially interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the rights and privileges of others.

(vi) Filing of a formal complaint falsely accusing another member of the college community with violating a provision of this chapter.

(vii) Falsely reporting an emergency, such as by setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities.

(viii) Submitting information known to be false, misinterpreted, or fraudulent to college officials or on college records.

(ix) Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where such behavior offends the recipient or a third party, causes discomfort or humiliation, or creates an intimidating, offensive, or hostile work or learning environment.

(x) Stalking behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family; where the threat is reasonably determined by the college to seriously alarm, torment, or terrorize the person; and where the threat is additionally determined by the college to serve no legitimate purpose.

(xi) Destruction or alteration of any evidence that could be used during an investigation or college proceeding.

(xii) Any malicious act or behavior which causes harm to any person's physical or mental well-being. Harassment includes intentionally and repeatedly following or contacting another person in a manner that alarms, annoys, intimidates, harasses, or causes substantial emotional distress.

(b) Property offenses.

(i) Actual or attempted theft or robbery (RCW 9A.56.010 through 9A.56.060 and 9A.56.100) of property or services belonging to the college or college community member including but not limited to knowingly possessing stolen property.

(ii) Malicious mischief that causes damage to or destruction of any college facility or other public, private, or personal property.

(iii) Unauthorized use of college equipment and supplies for personal gain.

(iv) Unauthorized use of a motorized vehicle, skateboard, bicycle, or other personal vehicle on campus pedestrian walkways.

(v) Unauthorized entry, access, or presence upon the property of the college or into a college facility or portion thereof which has been reserved, restricted, or placed off limits or unauthorized possession or use of key, access code, or password to any college facility or system.

(vi) Misuses of information technology. The following is prohibited: Failure to comply with laws, license agreements, and contracts governing network, software and hardware; abuse of communal resources; use of computing resources for illegal or unauthorized commercial purposes or personal gain. It is the obligation of college students to be aware of their responsibilities as outlined in the Computing Resources Appropriate Use Policy: http://flightline.highline.edu/ic/policies/aup.php. Failure to comply may result in loss of access to college computing resources, as well as administrative, civil or criminal action under Washington state or federal law.

(c) Status offenses.

(i) Forgery, falsification, or alteration of official documents, records, or correspondence.

(ii) Refusal to provide positive identification (e.g., student or state identification card; valid driver's license) when requested by any identified college official.

(d) Offenses pertaining to drugs/alcohol/smoking.

(i) Smoking outside of the designated smoking areas.

(ii) Possession or consumption of alcoholic beverages on college property or at a college-sponsored event is prohibited unless attendees are over the age of twenty-one and an alcohol permit has been obtained.

(iii) Controlled substances. Using, possessing, delivering, selling or being under the influence of legend drugs, including anabolic steroids, androgens, or human growth hormones, as defined by RCW 69.41.010 and 69.41.300 or any other controlled substance as defined in RCW 69.50.101 as now law or hereafter amended, except upon valid prescription or order of a practitioner is subject to additional sanctions, including disqualification from participation in college-sponsored athletic events. For the purpose of this regulation, "sale" shall include the statutory meaning defined in RCW 69.04.005 as now law or hereafter amended.

(e) Regulations governing firearms and weapons.

(i) It shall be the policy of the college that carrying, exhibiting, displaying, or drawing any weapon, as defined in RCW 9.41.250 as now law or later amended, is prohibited. Such weapons may include but are not limited to, dagger, sword, knife (with larger than a three-inch blade), or any cutting or stabbing instrument, club, or any other weapons, including fake weapons capable of producing bodily harm, emotional distress, and/or property damage.

(ii) Explosives, incendiary devices, or any weapons facsimiles are prohibited on college property or in college facilities.

(iii) The above regulations shall not apply to equipment or material that is owned, used, or maintained by the college, nor will they apply to law enforcement officers or authorized contractors performing work for the college.

(f) Other misconduct: Any other conduct or action in which the college can demonstrate a clear and distinct threat to college property, the educational process, or any other legitimate function of the college or the health or safety of any member of the college community.

(5) Academic honesty.

(a) Students attending Highline Community College are expected to participate as responsible members of the college community, which includes assuming full responsibility for maintaining honesty and integrity in all work submitted for credit and in any other work assigned by faculty.

(b) Violations of academic honesty include, but are not limited to:

(i) Plagiarism: The unauthorized use or close imitation of the words, ideas, data, images, or product of another and the representation of them as one's own original work.

(ii) Cheating: Use or attempted use of unauthorized materials, information, or study aids; an act of deceit by which a student attempts to misrepresent academic skills or knowledge; unauthorized or attempted unauthorized copying or collaboration.

(iii) Fabrication: Intentional misrepresentation or invention of any information, such as falsifying research, inventing or exaggerating data, or listing incorrect or fictitious references.

(iv) Collusion: Assisting another to commit an act of academic dishonesty, such as paying or bribing someone to acquire a test or assignment, or increase the score on a test or assignment; taking a test or doing an assignment for someone else; allowing someone to do these things for one's own benefit.

(v) Academic misconduct: Intentionally violating college policies, such as altering grades, misrepresenting one's identity, failing to report known incidents of academic dishonesty, or participating in obtaining or distributing any part of a test or any information about a test.

(c) Penalties for academic dishonesty.

(d) If a student is found guilty of academic dishonesty, any one or a combination of the following sanctions may be imposed by the faculty member:

(i) Verbal or written warning.

(ii) A grade of 0% (0.0) or otherwise lowered grade for the assignment, project, or test.

(e) The following sanction may be imposed by the faculty member only after a formal hearing is conducted by the chief student affairs officer, and the chief student affairs officer approves the sanction:

A grade of 0% (0.0) or otherwise lowered grade for the course, overriding a student's withdrawal from the course.

(f) The chief student affairs officer may also issue the following disciplinary sanctions, in accordance with the Highline student rights and responsibilities code (WAC 132I-120-410(11)):

(i) Disciplinary admonition and warning.

(ii) Disciplinary probation with or without the loss of privileges for a definite period of time. The violation of the terms of the disciplinary probation or the breaking of any college rule during the probation period may be grounds for suspension or expulsion from the college.

(iii) Suspension from Highline Community College for a definite period of time.

(iv) Dismissal from Highline Community College.

(g) Academic dishonesty complaint and hearing procedures.

(i) The faculty member observing or investigating the apparent act of academic dishonesty shall document the incident by writing down the time, date, place, and a description of the act and/or any other pertinent information.

(ii) The faculty member may collect evidence to corroborate the allegation.

(iii) The faculty member shall provide the student an opportunity to explain the incident.

(iv) The faculty member shall explain to the student the procedures and penalties for academic dishonesty and shall give the student a copy of the Highline Community College academic honesty policy.

(v) The faculty member may resolve the matter informally by determining an appropriate sanction, which may include a verbal or written warning, or a grade of 0% (0.0) or otherwise lowered grade on an assignment, project, or test, or no further action.

(vi) The faculty member shall submit a copy of the Academic Dishonesty Report form to the office of the chief student affairs officer. The report shall be kept on file and may be presented as evidence for more stringent sanctions, should the student commit subsequent violation(s) of the academic honesty policy.

(vii) If the faculty member wishes to initiate more stringent sanctions in addition to lowering or failing an assignment and/or verbal or written warning (e.g., assign a failing grade for the course), the student must be entitled to a formal hearing with the chief student affairs officer. Following a formal hearing, sanctions imposed by the chief student affairs officer may range from no further action (no failing grade for the course) to dismissal from the college (WAC 132I-120-410(11)). The chief student affairs officer may not overturn the sanctions imposed by the faculty member ((d)(i) and (ii) of this subsection).

(viii) The faculty member shall submit a copy of the Academic Dishonesty Report form and any additional evidence to the chief student affairs officer within ten days of the alleged act of academic dishonesty, which initiates the formal hearing process.

(ix) Within ten days of receiving an Academic Dishonesty Report form, the chief student affairs officer or designee shall notify the student in writing of the date, time and location of the hearing. At the hearing, the student shall meet with the chief student affairs officer or designee to hear the charges and present his/her side of the case. If the student chooses not to attend or fails to appear, the hearing will be conducted in the student's absence.

(x) The chief student affairs officer or designee will consider any evidence submitted within seven days of the hearing, and interview persons as warranted. The chief student affairs officer or designee determines if the action recommended by the faculty member is appropriate.

(xi) Within ten days of the hearing, the chief student affairs officer or designee shall send written notification of the results to the student and faculty member. The decision of the chief student affairs officer or designee is final. (With permission, contents of this policy were adapted from "Academic Integrity Policy," Portland Community College, Portland, Oregon.)

(6) Violation of any of the above regulations may also constitute violation of criminal laws or ordinances of various cities, municipalities, counties, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the college.))

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-100, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-100, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 88-07-120 (Order 022), 132I-120-100, filed 3/23/88.]


NEW SECTION
WAC 132I-120-101   Student code of conduct.   (1) Code of conduct. As members of the college community, students are expected to obey all college rules and regulations and are prohibited from engaging in any unlawful conduct. Any student who, either as a principal actor, aid, abettor, or accomplice as defined in RCW 9A.08.020, as now law or hereafter amended, violates any local, state or federal law, interferes with the personal rights or privileges of others or the educational process of the college, or violates the code of conduct which includes, but is not limited to, the categories listed below, shall be subject to disciplinary action as provided in this chapter (see WAC 132I-120-410).

(a) Personal offenses.

(i) Assault, reckless endangerment, intimidation, or interference upon another person in the manner set forth in RCW 9A.36.010 through 9A.36.050, or 28B.10.570 through 28B.10.572, as now law or hereafter amended.

(ii) Disorderly, disruptive, or abusive behavior which interferes with the rights of others or obstructs or disrupts teaching, learning, research, or administrative functions.

(iii) Inattentiveness, inability, or failure to follow the reasonable instructions of any college employee acting within their professional responsibility, thereby infringing upon the rights and privileges of others.

(iv) Refusal to comply with any lawful order to leave the college campus or any portion thereof by college personnel when necessary for the college to achieve its purpose of providing educational programs and services.

(v) Unauthorized assembly, obstruction, or disruption which materially and substantially interferes with vehicular or pedestrian traffic, classes, hearings, meetings, the educational and administrative functions of the college, or the rights and privileges of others.

(vi) Filing of a formal complaint falsely accusing another member of the college community with violating a provision of this chapter.

(vii) Falsely reporting an emergency, such as by setting off or otherwise tampering with any emergency safety equipment, alarm, or other device established for the safety of individuals and/or college facilities.

(viii) Submitting information known to be false, misinterpreted, or fraudulent to college officials or on college records.

(ix) Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where such behavior offends the recipient or a third party, causes discomfort or humiliation, or creates an intimidating, offensive, or hostile work or learning environment.

(x) Stalking behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family; where the threat is reasonably determined by the college to seriously alarm, torment, or terrorize the person; and where the threat is additionally determined by the college to serve no legitimate purpose.

(xi) Destruction or alteration of any evidence that could be used during an investigation or college proceeding.

(xii) Any malicious act or behavior which causes harm to any person's physical or mental well-being. Harassment includes intentionally and repeatedly following or contacting another person in a manner that alarms, annoys, intimidates, harasses, or causes substantial emotional distress.

(b) Property offenses.

(i) Actual or attempted theft or robbery (RCW 9A.56.010 through 9A.56.060 and 9A.56.100) of property or services belonging to the college or college community member including but not limited to knowingly possessing stolen property.

(ii) Malicious mischief that causes damage to or destruction of any college facility or other public, private, or personal property.

(iii) Unauthorized use of college equipment, supplies, and facilities for personal gain.

(iv) Unauthorized use of a motorized vehicle, skateboard, bicycle, or other personal vehicle on campus pedestrian walkways.

(v) Unauthorized entry, access, or presence upon the property of the college or into a college facility or portion thereof which has been closed, reserved, restricted, or placed off limits or unauthorized possession or use of key, access code, or password to any college facility or system.

(vi) Misuses of information technology. The following is prohibited: Failure to comply with laws, regulations, license agreements, or contracts governing use of college networks, software and hardware; abuse of communal resources; and, use of college computing resources for illegal or unauthorized commercial purposes or personal gain. It is the obligation of college students to be aware of their responsibilities as outlined in the Computing Resources Appropriate Use Policy, which is available on the Highline Community College web site. Failure to comply may result in loss of access to college computing resources, as well as administrative, civil or criminal action under Washington state or federal law.

(c) Status offenses.

(i) Forgery, falsification, or alteration of official documents, records, or correspondence.

(ii) Refusal to provide positive identification (e.g., student or state identification card; valid driver's license) when requested by any identified college official.

(d) Offenses pertaining to drugs/alcohol/smoking.

(i) Smoking outside of the designated smoking areas.

(ii) Possession or consumption of alcoholic beverages on college property or at a college-sponsored event is prohibited unless attendees are over the age of twenty-one and an alcohol permit has been obtained.

(iii) Controlled substances. Using, possessing, delivering, selling or being under the influence of legend drugs, including anabolic steroids, androgens, or human growth hormones, as defined by RCW 69.41.010 and 69.41.300 or any other controlled substance as defined in RCW 69.50.101 as now law or hereafter amended, except upon valid prescription or order of a practitioner is subject to additional sanctions, including disqualification from participation in college-sponsored athletic events. For the purpose of this regulation, "sale" shall include the statutory meaning defined in RCW 69.04.005 as now law or hereafter amended.

(e) Other misconduct: Any other conduct or action in which the college can demonstrate a clear and distinct threat to college property, the educational process, or any other legitimate function of the college or the health or safety of any member of the college community.

(2) Violation of any of the above regulations may also constitute violation of criminal laws or ordinances of various cities, municipalities, counties, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the college.

[]


NEW SECTION
WAC 132I-120-102   Academic honesty.   (1) Students attending Highline Community College are expected to participate as responsible members of the college community, which includes assuming full responsibility for maintaining honesty and integrity in all work submitted for credit and in any other work assigned by faculty.

(2) Violations of academic honesty include, but are not limited to:

(a) Plagiarism: The unauthorized use or close imitation of the words, ideas, data, images, or product of another and the representation of them as one's own original work.

(b) Cheating: Use or attempted use of unauthorized materials, information, or study aids; an act of deceit by which a student attempts to misrepresent academic skills or knowledge; unauthorized or attempted unauthorized copying or collaboration.

(c) Fabrication: Intentional misrepresentation or invention of any information, such as falsifying research, inventing or exaggerating data, or listing incorrect or fictitious references.

(d) Collusion: Assisting another to commit an act of academic dishonesty, such as paying or bribing someone to acquire a test or assignment, or increase the score on a test or assignment; taking a test or doing an assignment for someone else; allowing someone to do these things for one's own benefit.

(e) Academic misconduct: Intentionally violating college policies, such as altering grades, misrepresenting one's identity, failing to report known incidents of academic dishonesty, or participating in obtaining or distributing any part of a test or any information about a test.

(3) Penalties for academic dishonesty.

(a) All suspected academic dishonesty will be reported, with evidence attached, to the chief student affairs officer as a means of tracking.

(b) If a student commits academic dishonesty, any one or a combination of the following sanctions may be imposed by the faculty member:

(i) Verbal or written warning.

(ii) A grade of 0% (0.0) or otherwise lowered grade for the assignment, project, or test.

(iii) The following sanction may be imposed by the faculty member only after a formal hearing is conducted by the chief student affairs officer, and the chief student affairs officer approves the sanction:

A grade of 0% (0.0) or otherwise lowered grade for the course, overriding a student's withdrawal from the course.

(c) In accordance with the Highline student rights and responsibilities code (WAC 132I-120-410), the chief student affairs officer may issue a formal disciplinary warning letter for a student's first reported offense of academic dishonesty. The warning letter may be issued in lieu of a formal hearing; however, it will not be reported to transfer institutions or other requesting agencies.

(d) In accordance with the Highline student rights and responsibilities code (WAC 132I-120-410), the chief student affairs officer will summon a student to a formal hearing for a second or subsequent offense of academic dishonesty.

(e) Disciplinary actions for second or subsequent offenses of academic dishonesty include, but are not limited to, the sanctions outlined in WAC 132I-120-410, which may be imposed upon students according to the procedure outlined in WAC 132I-120-421.

(4) Academic dishonesty complaint and hearing procedures.

(a) The faculty member observing or investigating the apparent act of academic dishonesty shall document the incident by writing down the time, date, place, and a description of the act and/or any other pertinent information.

(b) The faculty member may collect evidence to corroborate the allegation.

(c) The faculty member shall provide the student an opportunity to explain the incident.

(d) The faculty member shall explain to the student the procedures and penalties for academic dishonesty and shall give the student a copy of the Highline Community College academic honesty policy.

(e) The faculty member may resolve the matter informally by determining an appropriate sanction, which may include a verbal or written warning, or a grade of 0% (0.0) or otherwise lowered grade on an assignment, project, or test, or no further action.

(f) The faculty member shall submit a copy of the Academic Dishonesty Report form to the office of the chief student affairs officer. The report shall be kept on file and may be presented as evidence for more stringent sanctions, should the student commit subsequent violation(s) of the academic honesty policy.

(g) If the faculty member wishes to initiate more stringent sanctions in addition to lowering or failing an assignment and/or verbal or written warning (e.g., assign a failing grade for the course), or if the student has committed more than one academic dishonesty offense, the student must be entitled to a formal hearing with the chief student affairs officer or his or her designee. Following a formal hearing, sanctions imposed by the chief student affairs officer may range from no further action (no failing grade for the course) to dismissal from the college (WAC 132I-120-410). The chief student affairs officer may not overturn the sanctions imposed by the faculty member ((d)(i) and (ii) of this subsection).

(h) The faculty member shall submit a copy of the Academic Dishonesty Report form and any additional evidence to the chief student affairs officer within ten days of the alleged act of academic dishonesty, which initiates the formal hearing process.

(i) Within ten days of receiving an Academic Dishonesty Report form, the chief student affairs officer or designee shall notify the student in writing of the date, time and location of the hearing. At the hearing, the student shall meet with the chief student affairs officer or designee to hear the charges and present his/her side of the case. If the student chooses not to attend or fails to appear, the hearing will be conducted in the student's absence.

(j) The chief student affairs officer or designee will consider any evidence submitted within seven days of the hearing, and interview persons as warranted. The chief student affairs officer or designee determines if the action recommended by the faculty member is appropriate.

(k) Within ten days of the hearing, the chief student affairs officer or designee shall send written notification of the results to the student and faculty member. The decision of the chief student affairs officer or designee is final. (With permission, contents of this policy were adapted from "Academic Integrity Policy," Portland Community College, Portland, Oregon.)

[]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-105   Student rights.   The following rights are guaranteed to each student within the limitations of statutory law and college policy as deemed necessary to achieve the educational goals of the college:

(1) Academic freedom.

(a) Students are guaranteed the rights of free inquiry, expression, and assembly upon and within college facilities that are generally open and available to the public.

(b) Students are free to pursue appropriate educational objectives from among the college's curricula, programs, and services, subject to the limitations of RCW 28B.50.090 (3)(b).

(c) Students shall be protected from academic evaluation which is arbitrary or capricious, but are responsible for meeting the standards of academic performance established by their instructors. Grade complaints are administered through the Complaints against Faculty Members section 807 of the Highline College Education Association (HCEA) HCC negotiated agreement.

(d) Students have the right to a learning environment that is free from unlawful discrimination, inappropriate and disrespectful conduct, and sexual harassment.

(2) Due process.

(a) It is guaranteed that students have the right to be secure in their persons, quarters, papers, and effects against unreasonable searches and seizures.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this student rights and responsibilities code is entitled to procedural due process as set forth in this chapter.

(3) Distribution and posting. Students may distribute or post printed or published material subject to official written procedures available in the student programs office. All free publications not in violation of state and/or federal laws may be distributed from authorized public areas subject to time, place, and manner as determined by the college. ((Material may not be distributed in college parking lots or be placed on or in automobiles.)) Students distributing printed materials are responsible for litter control of all distributed material.

(4) Off-campus speakers. Recognized student organizations shall have the right to invite outside speakers to speak on campus subject to the availability of campus facilities, funding, and compliance with the college procedures available in the student programs office.

(5) Commercial activities. The use of college grounds or facilities for commercial or private gain is prohibited except with the approval of the student programs office consistent with vending and fund-raising guidelines. Commercial activities which generate contractual and/or financial debt relationships with students are prohibited. The college reserves the right to charge commercial vendors for the use of college facilities.

(6) Sale of merchandise. All merchandise offered for commercial sale may be sold only through the college bookstore or college food services except when approved by the student programs office or affiliated academic department as part of the cocurricular experience.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-105, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-105, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-315   Right of assembly.   (1) Students have the right to conduct or participate in any assembly as defined in WAC 132I-120-030 on facilities that are generally available to the public provided that such assemblies:

(a) Are conducted in an orderly ((and respectful)) manner;

(b) Do not unreasonably interfere with classes, scheduled meetings or ceremonies, or college sponsored events;

(c) Do not unreasonably interfere with pedestrian or vehicular traffic; or

(d) Do not cause destruction or damage to college property.

(2) ((Any student, group, or organization planning an assembly on college property must reserve the college facilities with the student programs office.)) College groups are encouraged to notify the campus safety and security office no later than forty-eight hours in advance of an event. However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility or college.

(3) Assemblies which violate these rules may be ordered to disperse by college ((personnel in accordance with Washington state statutes)).

(4) Any campus community member who violates any provision of this rule may be required to leave the campus or facility and((/or be referred to civilian authorities for criminal prosecution)) may be issued a no trespass admonishment.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-315, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 28B.50.140. 89-08-016 (Order 023), 132I-120-315, filed 3/27/89; 88-07-120 (Order 022), 132I-120-315, filed 3/23/88.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-350   Student ((complaint process)) nonacademic complaints against college employees.   (((1) Purpose and definition. The purpose of this procedure is to provide students with guidelines which promote constructive dialogue, understanding, and informal resolution of student complaints and concerns. This process also provides an avenue for formal procedures should an informal approach be ineffective. A complaint is hereby defined as a statement that expresses a student's dissatisfaction with the performance or action of a college employee, which the student believes to be unfair or inconsistent with college policy or procedures.

(2) Exclusions of complaint process. This procedure is not to be used where other procedures are required for the resolution of specific categories of student complaints or student appeals. Student concerns covered by existing college policy or procedures (e.g., Complaints Against Faculty Members section 807 of the HCEA/HCC negotiated agreement) are excluded from this complaint process and should be brought to the attention of the appropriate college administrator.

(3) Time limitations. A student wishing to express a complaint, as previously defined, should do so no later than two weeks from the time the student should have been aware of the concern. Timely initiation of a complaint rests with the student.

(4) Complaint process procedures.

(a) Step 1: Discuss complaint with staff member. The student should discuss the complaint informally and thoroughly with the staff member to whom the complaint is directed. Both parties should openly discuss the student complaint/concern and attempt to understand the other's perspectives, explore alternatives, and arrive at a satisfactory resolution to the complaint. If the student and staff member are unsuccessful at finding a resolution, or the student is dissatisfied with the complaint resolution, the student should then move to step 2.

(b) Step 2: Express complaint in writing. Within ten days of meeting with the staff member, if resolution is unsuccessful through informal discussion, the student shall express the complaint in writing and forward the written complaint to the staff member and the staff member's immediate supervisor. At the student's request, the chief student affairs officer will assign an HCC community member to serve as an advocate to assist in clarifying the complaint process and guiding the student through the complaint process.

(c) Step 3: Supervisor conference. Upon receiving the student's written complaint, the immediate supervisor may ask the staff member for a written response and shall, within five days following receipt of the student's written complaint, hold a conference with the involved parties. The supervisor may request supporting materials from either the staff member or student. If after discussion, mediation, and review of materials at the conference, the involved parties are unable to find a mutually acceptable resolution, the supervisor shall render a verbal decision on the complaint to all parties or shall within five days provide a written copy of his/her decision of the complaint to each involved party.

(d) Step 4: Executive conference. If the decision of the immediate supervisor does not resolve the complaint to the satisfaction of the student, the chief student affairs officer or designee shall, on request of the student, convene a conference of all previously involved parties and any additionally affected supervisors within seven days. All written statements and supporting materials from involved parties will be provided to the chief student affairs officer or designee prior to the conference. Written materials will be retained in the chief student affairs officer's office. If after discussion, mediation, and review of materials at the conference, the involved parties are unable to find a mutually acceptable resolution, the chief student affairs officer or designee shall within seven days render a written decision on the complaint and will provide copies to all involved parties. The decision of the chief student affairs officer or designee will be final.)) Students with complaints against college employees regarding nonacademic issues shall use the complaints procedure described in chapter 132I-310 WAC.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-350, filed 12/17/07, effective 1/17/08.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-400   Authority and responsibility for discipline.   (1) The board of trustees, acting by written order and in accordance with Washington state statutes, delegates to the president of the college the authority to administer student disciplinary action.

(2) Administration of the disciplinary procedure is the responsibility of the chief student affairs officer. The chief student affairs officer or designee(s) shall serve as the principal investigator and administrator for alleged violations of this code.

(3) Summary action (emergency procedure).

(a) The instructor and students are responsible for conduct in the classroom or at any course-related activity or event. The instructor is authorized to take reasonable steps as necessary when behavior of the student materially or substantially disrupts normal classroom procedures. Instructors may remove a student for the single class session in which disruptive behavior occurs. When such behavior results in expulsion from a class session, the instructor must report the infraction in writing to the chief student affairs officer at the earliest opportunity. When the faculty member, division chair and chief student affairs officer concur that such behavior poses a serious threat, the student may be removed from class pending the outcome of disciplinary action. In all cases involving classroom disruption, the chief student affairs officer or designee will proceed with the investigation and/or disciplinary proceedings at the earliest opportunity consistent with the procedural requirements established in this chapter.

(b) The administrator in charge of any college office, department, or facility is responsible for conduct in that area. Staff shall take reasonable action in response to urgent situations as may be necessary to maintain order when they have reason to believe that such action is necessary for the safety and well-being of the student or the protection of the college community or facilities. Any such summary action must be reported to the chief student affairs officer at the earliest opportunity.

(c) A student being formally charged or under investigation for a violation of ((this code)) any provision set forth in WAC 132I-120-101 or 132I-120-102 may not excuse him or herself from disciplinary proceedings by withdrawing from the college.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-400, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-400, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 89-08-016 (Order 023), 132I-120-400, filed 3/27/89; 88-07-120 (Order 022), 132I-120-400, filed 3/23/88.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-415   Authority to request identification.   In situations of apparent misconduct or apparent unauthorized presence in a college facility, ((it may be necessary for)) properly identified college ((personnel to)) faculty or staff may ask ((a person)) individuals to produce ((evidence of being a currently enrolled student at the college. Failure)) a current student identification card or other proof of enrollment. A student who fails to comply with a legitimate request for identification from a properly identified college ((employee)) faculty or staff is a violation of WAC 132I-120-100 (4)(c)(ii) and may ((result in a)) be subject to disciplinary action ((if the person is found to be a student)). In emergency situations, cases of serious misconduct, or where there is a substantial danger to the college community or college property, ((failure to produce identification by a student may result in the assumption by college personnel that the person questioned is not a student and may result in civil or criminal action)) college faculty or staff may presume that an individual who refuses to produce student identification in response is not a student and may take actions consistent with such a presumption.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-415, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-415, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 88-07-120 (Order 022), 132I-120-415, filed 3/23/88.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-421   Initial disciplinary proceedings.   (1) All disciplinary proceedings shall be initiated by the chief student affairs officer or designee. Students may be placed on suspension pending commencement of disciplinary action, pursuant to the conditions set forth in WAC 132I-120-426.

(2) Any student accused of violating any provision of ((the rules of conduct)) WAC 132I-120-101 or of a second or subsequent violation of any provision of WAC 132I-120-102 shall be notified of an initial disciplinary proceeding either in person, or by college e-mail account with confirmation by certified mail and shall be given written notice of such meeting with the chief student affairs officer or designee. The student will be informed in writing of the provision(s) the student is charged with violating, and the range of possible sanctions for the offense. The student will be given seven days to respond. If the student fails to respond or fails to appear, the initial disciplinary hearing may be held in the student's absence.

(3) After considering the evidence in the case, interviewing the accused student, giving the student the opportunity to respond, and then again reviewing the case with any new information, the chief student affairs officer or designee may take any of the following actions:

(a) Terminate the proceeding, exonerating the student or students;

(b) Dismiss the case after whatever intervention and advice is deemed appropriate;

(c) Impose any of the sanctions listed in WAC 132I-120-410;

(d) Any disciplinary action taken by the chief student affairs officer or designee may be appealed by the student in accordance with WAC 132I-120-441.

(4) Within ten days of the initial disciplinary hearing, the chief student affairs officer shall issue a written order setting forth the facts and conclusions supporting his or her decision and the discipline imposed, if any. This order shall contain a statement describing how the order may be appealed.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-421, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-421, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-426   Summary suspension proceedings.   (1) If the chief student affairs officer or designee has cause to believe that any student(s):

(a) Has violated any provision of this chapter; and

(b) Presents an imminent danger to other student(s) and/or community members, then the student(s) shall be summarily suspended, and a "notice of summary suspension proceedings" will be served to the student's last known address by regular mail, certified mail and/or in person. The chief student affairs officer or designee shall enter an order as provided by law if the student(s) is to be summarily suspended.

(2) The notice shall be entitled "notice of summary suspension proceedings" and shall state:

(a) The charges against the student(s) including reference to the provisions of WAC ((132I-120-100)) 132I-120-101 or statutory law involved; and

(b) That the student(s) charged must appear before the chief student affairs officer or designee at a time specified in the notice for the hearing. The hearing shall be held as soon as practicable after the "notice of summary suspension" has been served to the student(s). The hearing may be combined with an initial disciplinary proceeding in accordance with WAC 132I-120-421.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-426, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-426, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-428   Posthearing decision by the chief student affairs officer.   (1) If the chief student affairs officer or designee, at the conclusion of the summary suspension hearing, finds that there is probable cause to believe that:

(a) The student(s) against whom specific violations are alleged has actually committed one or more such violations; and

(b) Summary suspension of the said student(s) is necessary for the safety of the student(s) and members of the campus community, or to protect the college facilities and/or educational process, and/or to restore order to the campus; and

(c) Such violation(s) constitute grounds for disciplinary action as provided for in WAC ((132I-120-100)) 132I-120-101;

(2) Then the chief student affairs officer may continue to enforce the suspension of the student(s) from college and may impose any other appropriate disciplinary action(s).

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-428, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-428, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-442   Hearing procedures before the discipline committee.   (1) The discipline committee shall ((conduct a hearing within)) have fifteen days after the formal written appeal has been received to schedule the appeal hearing. The appeal hearing must be conducted within forty-five days after the formal written appeal has been received. The hearing will be conducted pursuant to RCW 34.05.413 through 34.05.476.

(2) The student has a right to a fair and impartial hearing. However, the student's failure to cooperate with the committee's hearing procedures or failure to appear shall not preclude the discipline committee from making its findings of fact, conclusions, and recommendations.

(3) The student may be represented by a licensed attorney admitted to practice in the state of Washington as counsel at the disciplinary hearing. If the student elects to be represented by counsel, the student shall notify the chair at the time of appeal or((, if the hearing is held at the request of the college,)) at least ((fifteen)) twenty days prior to the hearing.

(4) In all disciplinary proceedings, the college shall be represented by the chief student affairs officer or designee. The chief student affairs officer shall present the college's case against the student accused of violating the rules of conduct. In cases in which the student elects to be represented by a licensed attorney, the chief student affairs officer may elect to have the college represented by an assistant attorney general with the assistance of the chief student affairs officer.

(5) The record in a formal hearing shall consist of all documents as required by law and as specified in RCW 34.05.476 as now law or hereafter amended.

(6) All records of disciplinary proceedings shall be maintained in the chief student affairs officer's office and shall be available only during the course of the disciplinary proceeding to the discipline committee, the student, representing attorneys, and any other college official designated by the chief student affairs officer or as otherwise required by law.

(7) Following the conclusion of the disciplinary proceeding, access to records of the case and the hearing files shall be limited to those designated by the chief student affairs officer or as otherwise required by law.

(8) Following final disposition of the case and any appeals therefrom, the chief student affairs officer may direct the destruction of any records of any disciplinary proceedings, provided that such destruction is in conformance with the requirements of chapter 40.14 RCW, as now law or hereafter amended.

(9) The discipline committee may expedite the time of the hearing at the request of the student or continue for good cause.

(10) If at any time during the hearing, a visitor disrupts the proceedings, the chair of the discipline committee may exclude that person from the hearing.

(11) Any student of the college attending the disciplinary hearing who disrupts the proceedings after the presiding officer has asked the student to cease or to leave the hearing room, shall be subject to disciplinary action.

(12) All testimony of parties and witnesses shall be made under oath or affirmation.

(13) Members of the discipline committee must avoid ex parte (one-sided) communications with any party involved in the hearing regarding any issue other than communications necessary to maintain an orderly procedural flow to the hearing.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-442, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-442, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-444   Decision by the discipline committee.   (1) Upon conclusion of the disciplinary hearing, the discipline committee shall consider all the evidence presented and decide by majority the following actions:

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

(b) Uphold the initial disciplinary action; or

(c) Impose any of the disciplinary actions as provided in this chapter, and impose more serious sanctions if warranted.

(2) The committee's written decision shall include findings of fact, conclusions, and recommendations for the final disposition of the matter.

(3) Within ((ten)) fifteen days after the hearing, the student will be provided with a copy of the committee's findings of fact and conclusions. The copy shall be dated and contain a statement advising the student of their right to submit a written statement to the president of the college appealing the recommendation of the discipline committee.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-444, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-444, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-450   Final appeal.   Any student who is aggrieved by the findings or conclusions of an appeal to the discipline committee may appeal in writing to the president within ten days of ((official notice to the student by the committee)) the student receiving the committee's facts and conclusions. The president may, at his or her discretion, suspend any disciplinary action pending determination of the merits of the findings, conclusions, and disciplinary actions imposed. In the consideration of such an appeal, the president shall base his or her findings and decision on only the official written record of the case. The president shall not engage in an ex parte communication with any of the parties regarding the appeals. The president shall conduct the review within fifteen days of notice of appeal and shall provide a written conclusion to all parties within twenty days after completion of the appeal process. The president's decision shall be final.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-450, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-120-450, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 08-01-088, filed 12/17/07, effective 1/17/08)

WAC 132I-120-500   Review of rules.   The HCC student rights and responsibilities code shall be reviewed at regular intervals by the chief student affairs officer. The chief student affairs officer may convene an ad hoc review committee ((shall convene upon the request of the chief student affairs officer)) when she or he believes it is appropriate.

[Statutory Authority: RCW 28B.50.140(13). 08-01-088, 132I-120-500, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 28B.50.140. 88-07-120 (Order 022), 132I-120-500, filed 3/23/88.]

OTS-4694.1


NEW SECTION
WAC 132I-124-020   Weapons prohibited.   (1) Carrying, exhibiting, displaying, or drawing of any weapon is prohibited. Such weapons may include, but are not limited to, firearms, daggers, swords, knives (with larger than a three-inch blade), or any cutting or stabbing instrument, club, or any other weapons, including fake weapons capable of producing bodily harm, emotional distress, and/or property damage.

(2) Explosives, incendiary devices, or any weapons facsimiles are prohibited on college property or in college facilities.

(3) This prohibition shall not apply to equipment or material that is owned, used, or maintained by the college, nor will it apply to law enforcement officers or authorized contractors performing work for the college. Any person who desires to bring a weapon on college property must seek and receive prior written approval from the vice-president of administration or his or her designee.

[]

OTS-4696.1


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-134-010   Rules coordinator.   The rules coordinator for this institution shall have an office located at the office of the director of personnel, with the following mailing address:


Highline Community College

Office of ((Personnel Services)) the Vice-President for Administration

P.O. Box 98000

2400 South 240th Street

Des Moines, WA 98198-9800

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-134-010, filed 7/21/92, effective 8/21/92.]

OTS-4697.1


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-010   Purpose.   The trustees of Highline Community College believe that educational and community service opportunities are extended to the community when the college's buildings, grounds, and facilities are made available for use by the students, faculty, administration, staff, and the community. This use shall not interfere with regular college activities and shall be in accordance with the public interest((,)) and welfare, all applicable state and federal laws ((of the state of Washington)), and shall be in the best interest(s) of the college as interpreted by the administration of Highline Community College and/or the board of trustees.

College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity that limits, interferes with, or otherwise disrupts the normal activities for and to which the college's facilities and grounds are dedicated. Accordingly, the college is a designated public forum opened for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in this policy.

The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups and noncollege groups who are interested in using the campus for the purposes of constitutionally protected speech, assembly or expression. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

Intended or actual use in conflict with these policies or construed to be in any way detrimental to the college's best interests and/or original intent for that facility are strictly prohibited.

Nothing in this chapter is intended to alter the students' right of assembly as set forth in WAC 132I-120-315.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-010, filed 7/21/92, effective 8/21/92.]


NEW SECTION
WAC 132I-140-011   Definitions.   (1) "College" means Highline College, Community College District 9.

(2) "College groups" means individuals who are currently enrolled students or current employees of the college who are affiliated with a recognized student organization or a recognized employee group of the college.

(3) "College facilities" includes all buildings, structures, grounds, office space and parking lots.

(4) "Limited public forum areas" means those areas of each campus that the college has chosen to open as places for expressive activities protected by the First Amendment to the United States Constitution, subject to reasonable time, place or manner restrictions.

(5) "First Amendment activities" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

(6) "Noncollege groups" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

[]


NEW SECTION
WAC 132I-140-012   Use of facilities.   (1) Subject to the regulations and requirements of this policy, both college and noncollege groups may use the campus limited forums as specified in WAC 132I-140-013(2) for First Amendment activities between the hours of 7:00 a.m. and 11:00 p.m.

(2) Noncollege groups shall not affix or attach posters and signs to any college structure or equipment. Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.

(3) Noncollege groups shall not use amplified sound systems nor shall they bring any other equipment such as, but not limited to, chairs, tables and staging.

(4) College groups are encouraged to notify the campus safety and security office no later than forty-eight hours in advance of an event. However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility or college.

(5) College group events shall not last longer than eight hours from beginning to end unless permission is granted by the appropriate vice-president. Such permission must be made without consideration of the viewpoint of the activity.

(6) All sites used for First Amendment activities shall be cleaned and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the cost of restoring the facility to its preevent condition and for the repair of damaged property.

(7) All fire, safety, sanitation, and special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of First Amendment activities conducted pursuant to this policy.

(8) The event must not be conducted in such a manner that it obstructs vehicular, bicycle, pedestrian or other traffic or otherwise interferes with ingress or egress to the college, or to college buildings or facilities or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, faculty, employees or invitees to the college.

(9) The event must not interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.

(10) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, cooking activities or storing personal belongings or the erection of tents or other shelters or structures used for purposes of personal habitation.

(11) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities unless:

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

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

(c) Such activities are licensed by the college by a facilities rental agreement or other contractual arrangement.

(12) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinance and state or federal laws.

[]


NEW SECTION
WAC 132I-140-013   Additional requirements for noncollege groups.   (1) College buildings, rooms and athletic fields may be rented by noncollege groups in accordance with the college's facilities policies and procedures. Noncollege groups may otherwise use college facilities as identified in this policy.

(2) The college designates the following areas as the sole limited public forum areas for use by noncollege groups for First Amendment activities on the Des Moines campus:

(a) The area west of the student services building (building 6) between the building's east entrance doors and the lecture hall (building 7).

(b) The south plaza of the library building (building 25 bounded by building 23 and building 26 and excluding the landscaped areas).

(3) Noncollege groups that seek to use the campus limited forum areas to engage in First Amendment activities shall provide notice to the chief student affairs officer (CSAO) or their designee no later than forty-eight hours prior to the desired time of the event along with the following information:

(a) The name, address and telephone number of the individual, group, entity or organization sponsoring the event (hereinafter "the sponsoring organization"); and

(b) The date, time and requested location of the event; and

(c) The estimated number of people expected to participate in the event.

Noncollege group events shall not last longer than eight hours from beginning to end.

[]


NEW SECTION
WAC 132I-140-014   Distribution of materials.   Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose and may distribute materials throughout open areas of the campus. Noncollege groups may distribute materials only at the site designated for noncollege groups.

[]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-015   Trespass.   (1) Individuals who are not students or members of the faculty or staff and who violate these regulations will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or his or her designee, to leave the college property. Such a request prohibits the entry of and withdraws the license or privilege to enter onto or remain upon any portion of the college facilities by the person or group of persons requested to leave. Such persons shall be subject to arrest under the provisions of chapter 9A.52 RCW((, as not law or hereafter amended)).

(2) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established college policies.

(3) Persons who violate a district policy may have their license or privilege to be on district property revoked and be ordered to withdraw from and refrain from entering upon any district property. Remaining on or reentering district property after one's license or privilege to be on that property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-015, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-016   Prohibited conduct at college facilities.   (1) State law governs the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful drugs or narcotics, not medically prescribed, on college property or at college functions, is prohibited. Students, faculty, or staff obviously under the influence of intoxicants, unlawful drugs, or narcotics while in college facilities shall be subject to disciplinary action.

(2) The use of tobacco is restricted by law and by regulations of the smoking policy to designated smoking areas.

(3) Destruction of public property is prohibited by state law.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-016, filed 7/21/92, effective 8/21/92.]


NEW SECTION
WAC 132I-140-017   Posting of a bond and hold harmless statement.   (1) When using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy.

(2) When the college grants permission to a college group or noncollege group to use its facilities, it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

[]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-110   Right to deny use of facilities.   (1) The trustees authorize the college to rent facilities to individuals or groups either affiliated or unaffiliated with the college. Procedures related to the rental of college facilities, including pricing and insurance requirements, are available in the hospitality services office.

(2) The trustees reserve the right to deny facility use to noncollege individuals or groups ((of a private nature)) whose activities((, be they secret or otherwise,)) are inconsistent with the open and public nature of Highline Community College ((and)) or where such use would conflict with the purpose of local state and federal laws ((against discrimination)).

(((2))) (3) If at any time actual use of college facilities by the individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.

(((3) Any individual or group granted permission to)) (4) Use of college facilities shall ((agree in advance to abide by)) be conditioned upon compliance with all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group ((whose past conduct indicates a likelihood that college rules and regulations will not be obeyed.

(4) No single group shall be allowed use of facilities on a regular or continuing basis)) who violates or has a history of violating college rules and regulations.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-110, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-120   Basis of fee assessment.   (1) The basis for establishing and charging use fees reflects the college's assessment of the present market, the cost of operations, and ((an evaluation of the intended purpose and its relationship to the purposes of this college. The position of the board of trustees is that)) the degree to which the proposed event advances the college's educational mission. Groups or organizations affiliated with the college should be permitted access to facilities at the lowest charge on the fee schedule which may include complimentary use. A current fee schedule is available ((to interested persons from)) at the hospitality services office ((of continuing education)).

(2) The college does not wish to compete with any private enterprise. Therefore((, the college reserves the right to deny applications for facility use when the administration and/or the board of trustees believes a commercial facility can be patronized. At no time shall facility use be granted for a commercial activity at a rental rate, or upon terms, less than the full and fair rental value of premises used)) individuals or groups not affiliated with the college shall be charged for facility use according to the fee schedule established by the board of trustees; provided that the president or his or her designee may grant a reduced rate when the presence of such individual or group advances the college's educational mission.

(3) Any individual or group desiring to rent college facilities shall sign a rental agreement. In the case of a group, an authorized representative of the group shall sign the rental agreement. By a group signing the agreement, the signatory specifies he or she has authority to enter into agreement on behalf of the group and if the group fails to pay the amount due, the signatory becomes responsible for all charges arising from the rental agreement. Any such charges may include an interest payment for overdue accounts as specified on the rental agreement but not less than one percent per month.

(4) The college reserves the right to require an advance deposit up to one hundred percent of the rental fee.

(5) The college reserves the right to make pricing changes without prior written notice.

(6) The primary purpose of college facilities is to serve the instructional programs of the college including, but not limited to, college events and activities. The board of trustees reserves the right to cancel any permit and refund any payments for use of college facilities and equipment if the group's use of college facilities and/or equipment would violate any federal, state, local law, or college law, regulation, or rule or when the planned use could subject the college to any unreasonable risk of liability.

(7) In the event of a cancellation of a facility use permit by the applicant, that group is liable for all college costs and expenses in preparing the college facility for its use.

(8) All admission charges must be approved by the college prior to issuance of a facility use permit.

(9) Individuals or groups using the college's facilities shall conduct all activities in accordance with all applicable local, state, and federal laws including the rules and regulations adopted by the college in TITLE 132I WAC and as specified in the rental agreement. The college assumes no responsibility for consequences of any act or omission of any third party. The individual or group is responsible for damages incurred by third parties (including invitees, licensees, guests, employees, and members of the group) during their possession of the premises. The college assumes no liability for damage or loss of personal property or equipment left in any rental space during or after the event. The individual or group assumes full responsibility for the conduct of its invitees, licensees, guests, patrons, members, employees, or third parties hired to provide services for the individual or group.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-120, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-134   Request for brief adjudicative proceeding over denial of facility use.   (1) Upon the denial of a facilities use permit, the college must serve upon the individual or group a brief written statement explaining the reason(s) for the denial and information about the appeals process herein.

(2) Any ((organization)) individual or group that is denied use of college facilities or objects to the conditions under which use of college facilities is permitted may ((challenge said denial by filing)) file an appeal as specified in WAC 132I-140-135(2) with the ((president's)) president or his or her designee.

(3) Upon receipt of such appeal, the ((president's)) president or his or her designee shall hold a brief adjudicative proceeding.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-134, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-135   Appeal of denial of facility use.   (1) Any ((organization)) individual or group whose application for facility use has been denied or that objects to the conditions under which facility use is permitted may appeal such decision to the president or his or her designee.

(2) The appeal must be in writing and must clearly state errors in fact or matters in extenuation or mitigation ((which)) that justify the appeal. The appeal must be filed within twenty-one days from the date of service upon appellant of the order denying use of facilities.

(3) The president's or his or her designee shall consider each party's view and shall issue a brief written statement of the reasons for his or her decision. The president's or his or her designee's determination shall be final.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-135, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-140   Supervision during activity.   (1) Signatories of the rental agreement as well as adult organization leaders are responsible for group conduct and are expected to remain with their group during all activities at college facilities. ((When the use of special facilities makes it necessary that supervision be provided,)) The trustees reserve the right to require a staff member to represent the college at any activity on ((Highline Community)) college facilities. Such service shall be paid at the current rate, by the ((organization)) individual or group requesting use of the facility (((see WAC 132I-140-160))), and does not relieve the ((organization)) individual or group from safeguarding the college's property.

(2) The campus safety and security staff or some other authority of the college will open and lock all rented facilities. Keys to buildings or facilities will not be issued or loaned on any occasion to any ((using organization with the exception of keys to designated off-campus locations)) individual or group not affiliated with the college.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-140, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-150   Care and maintenance of facilities and equipment.   (1) College-owned equipment shall not be removed from college facilities for loan or rental. ((Organizations)) Individuals or groups wishing to use equipment in connection with a rental should make arrangements through the hospitality services office ((of continuing education)) at the time of application for a rental agreement. Further rental and operational restrictions may be outlined when the ((application is approved)) rental agreement is signed.

(2) ((Appropriate equipment is expected when using facilities when the absence of such special equipment may be detrimental to that facility)) Individuals or groups renting college facilities are responsible for providing special equipment and clothing that may be necessary to protect college property from damage (e.g., tennis shoes must be worn on gymnasium floors).

(3) ((Organizations)) Individuals and groups allowed use of college facilities are required to leave the premises in ((as good)) the same condition as when the ((organization was)) individuals and groups were admitted to its use. After facility use, ((organizations)) individuals and groups are required to arrange for proper disposal of decorations and other refuse when restoring the facility to its original condition ((for resumption of college use)).

(4) Custodial and other services beyond those regularly scheduled to support normal college activities may be required for specific activities by outside groups, based on the size of group, the complexities of the event, or the facilities being used. Needed custodial services beyond that normally scheduled will result in that ((organization)) individual or groups being charged at the established rate. All extra custodial time required as a result of the ((organization's)) individual's or group's use of the facility will be charged to the ((organization)) individual or group, including those receiving complimentary usage.

(5) The campus safety and security staff should be contacted for problems with facilities. The campus safety and security staff will monitor any permit violations.

(6) ((All)) Any moving of college equipment for facility use will be under permission and supervision of the college.

(7) Any decoration or use of a college facility that may result in permanent damage or injury to ((the)) that facility is strictly prohibited.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-150, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-160   Athletic facilities.   (1) ((Highline Community)) College playing fields may be used by community members and groups provided such use does not interfere with regular college activities and that proper permits for use of college grounds have been secured for such activities ((other than unorganized casual use)) from the athletic department.

(2) ((Highline Community College allows only highly restricted use in scheduling the use of the swimming pool. Permitted users shall comply with all pool regulations, as determined by the college. Such regulations may vary based on the anticipated use. Applications should be made on a use of facility form obtained through the college's office of continuing education. A condition of rental is the college's right to set forth the number of lifeguards and to select and hire these lifeguards on its own criteria. Cost of usage will include these employee's salaries and other personnel expenses.

(3))) The pavilion may be used by community organizations subject to the same restrictions and regulations governing the use of other facilities. Because of the size of the facility, most users will be required to have college personnel on site during usage. Cost of usage will include these employee's salaries and other personnel expenses.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-160, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-140-170   Liability for damage.   ((The lessee of)) All individuals or groups renting or using college facilities, including agreement signatories and individual organizations leaders, shall be liable for any damage to college property occurring or having apparently occurred during the time the facility was being used by the ((organization)) individual or group. The ((lessee)) individual or group also agrees to hold harmless and indemnify ((Highline Community)) the college, its agents, employees, officers, trustees, students and/or attorneys for any claim made against the college as a result of the ((lessee's)) individual's or group's use of college facilities. The college reserves the right to require ((using organizations to)) that any such individual or group purchase insurance, naming the college as the insured((, and)). The college may specify the amount of that insurance.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-140-170, filed 7/21/92, effective 8/21/92.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132I-140-130 Application procedures.

OTS-4698.1


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-010   Purpose.   The purpose of these policies and procedures is to establish a standard set of admission and registration practices that are necessary and appropriate for the administration of Highline Community College. For admission information contact the Admission Office, Highline Community College, 2400 South 240th Street, P.O. Box 98000, Des Moines, Washington 98198-9800 or see the college web site. For registration information contact the registrar's office at the same address.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-010, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-010, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-020   Definitions.   The following terms are defined below:

(1) Applicants: Persons seeking admission to Highline Community College.

(2) Students: Applicants granted admission to Highline Community College.

(3) Veterans: Applicants or students who are eligible to receive Department of Veterans' Affairs Educational Benefits.

(4) Vietnam veterans: Veterans who have documented service in Cambodia, Laos, Thailand, or Vietnam during the period of August 5, 1964, to April 11, 1975.

(5) International students: Applicants or students who are not United States citizens and who ((need F-1 or J-1 visas to)) attend Highline Community College on a student visa.

(6) Newly admitted students: Students who have not previously attended Highline Community College.

(7) Currently enrolled students: Students who are registered in credit courses in the current quarter ((who wish to register for the following quarter. Students may skip summer quarter and maintain this status)).

(8) Former students: Students who were registered in credit courses in a previous quarter but who are not currently enrolled in credit courses.

(9) Resident students: ((Resident)) Students ((are applicants who can prove they have lived in Washington state for the entire year before the start of the quarter in which they register. Resident status may also be extended under certain conditions to Washington state higher education employees, federal employees, military personnel, and some veterans. These rules may extend to spouses, minor children, and dependents under most circumstances. More detailed definition is available in)) who meet the definition according to RCW 28B.15.012. A copy of the Revised Code of Washington is available in the Highline Community College library.

(10) Nonresident students: Students who meet the definition according to RCW 28B.15.012(3). A copy of the Revised Code of Washington is available in the Highline Community College library.

(11) ((Not regularly admitted students: Students who are eighteen years old or older and who do not have a high school diploma or GED.

(12))) Registration by appointment: The initial period of registration for each quarter. Currently enrolled students ((and applicants)) are assigned days and times to register based upon the number of credits earned at Highline Community College. ((Students and applicants who wish to register for evening, Saturday, or continuing education courses do not require registration appointments. Those students register on a first-come, first-served basis during open enrollment.

(13))) (12) Late registration: ((The period of registration after registration by appointment. It continues through the end of the first week of the quarter. Few courses are available.

(14))) Enrollment after the tenth class day.

(13) Open enrollment: Class registration for which no appointments are necessary. ((Registration occurs on a first-come first-serve basis. Open enrollment occurs any time during the registration period for applicants or students who wish to register for evening, Saturday, or continuing education courses. It occurs during late registration for applicants or students who wish to register for daytime credit courses.

(15))) (14) GED: The General Educational Development test of the American Council on Education.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-020, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-020, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-033   Admission requirements.   There are some ((requirements)) guidelines in addition to the general admission policy (WAC 132I-160-025). These are:

(1) Highline Community College recommends, but does not require ((specific)), that new students with less than forty-five transferable college-level credits take placement tests ((scores for admission to the college. However, assessment)) for advising, placement, and retention ((is required for all new students with less than forty-five transferable college-level credits and for entry into selected courses and programs. The college uses the ASSET system for this purpose. It is given at frequent intervals in the Highline Community College testing center)) purposes.

(2) ((The following)) Specific courses may require demonstration of proficiency by assessment test scores or previous college course work.

(3) Some programs have ((special)) selective admission requirements and procedures((: Dental Assistant, Diving Technician, Medical Assistant, Registered Nursing, Respiratory Care, GED, and High School. These programs have specific selection procedures)) due to limited space or ((special)) other requirements. ((The)) These requirements and procedures are updated annually and may differ for each program. ((They are updated annually.)) Contact the Highline Community College office of admissions, for specific information.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-033, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-035   Admission procedures.   Applicants ((can)) become newly admitted students ((in two ways: Formal and informal. Both methods require applicants to meet the policy listed in WAC 132I-160-025 and the requirements listed in WAC 132I-160-033. The formal method is used for applicants who wish to register for daytime credit courses and who want the earliest possible registration appointment. The informal method is used by applicants who wish to register for evening or Saturday credit courses. The informal method is also used by all applicants during late registration. Persons granted admission by either process are newly admitted students.

(1) These are the formal application procedures:

(a) Complete and return either a state of Washington uniform community college application form or)) by completing and submitting a Highline Community College application form ((to the admission office. These forms are available at any community college and at most high schools. Contact the admission office at Highline Community College to request an application form. There is no admission fee.

(b) Highline does not require transcripts from other colleges or high schools for admission to the college. Admission to some special programs requires transcripts. Students who wish to transfer credit from other accredited institutions to Highline should have official transcripts mailed to the registration office. Students wishing transcript evaluations must also complete a transcript evaluation request form which is available from the registration office. The registration office will notify students in writing of the evaluation. Transcript evaluation is a service and is not required for admission to the college.

(c) Falsification of documents for admission may result in disciplinary, civil, or criminal proceedings.

(2) These are the informal application procedures:

(a) Register for any credit course during open enrollment. No appointment is necessary during open enrollment. No application form is required. There is no admission fee.

(b) Highline does not require transcripts from other colleges or high schools for admission to the college. Admission to some special programs requires transcripts)), either on the web or in person. Students who wish to transfer credit from other accredited institutions to Highline Community College should have official transcripts mailed to the ((registration)) records office. ((Students wishing transcript evaluations must complete a transcript evaluation request form which is available from the registration office. The registration office will notify students in writing of the evaluation. Transcript evaluation is a service and is not required for admission to the college.

(c) Falsification of documents for admission may result in disciplinary, civil, or criminal proceedings.))

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-035, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-045   Admission requirements for applicants who are currently enrolled in a common school district or private high school.   Applicants who are currently enrolled in a common school district or accredited private school and Highline Community College must ((meet the following requirements)):

(1) ((Applicants must)) Be currently enrolled as juniors or seniors in a common school district or accredited private school. Students enrolled in a home school are not eligible for admission((.));

(2) ((Applicants must)) Take the entire ((ASSET assessment process and score at college level)) placement test.

(3) ((Applicants must not be on academic or disciplinary warning, probation, suspension, or dismissal status in their high school.)) Demonstrate college level skills on the placement test;

(4) ((Applicants must)) Have permission from their high school principal; applicants under the age of eighteen must also have permission of a parent or legal guardian((.));

(5) Be in good standing at their high school (may not be on academic or disciplinary warning, probation, suspension, or dismissal status);

(6) Enroll for classes at the designated time; and

(7) Pay any outstanding charges such as, but not limited to, tuition, fees, books and supplies.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-045, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-060   Residency.   Students who meet the definition of resident students according to RCW 28B.15.012(2) shall be classified as resident students. Students not eligible for residency classification will be classified as nonresident students. ((A copy of the Revised Code of Washington is available in the Highline Community College library.))

Students who have questions about their classification must complete a residency questionnaire and submit the necessary documentation to the ((registrar. This questionnaire is available in the registration)) admissions office. The ((registrar)) admissions director or designee will review the questionnaire and ((will)) notify the student in writing of the decision ((within one week. Appeals of the decision of the registrar are referred by the registrar to the office of the attorney general. A written response is generally available to the student within thirty days)).

Students are responsible for registering under the proper residency classification. ((Students who are not sure of their residency status should fill out and then submit a completed residency questionnaire to the registrar.))

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-060, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-060, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-065   Registration procedures.   There are two categories of registration procedures. One category applies ((only to daytime credit courses while the other category applies to evening and Saturday credit courses and all)) to matriculated students, the other to those enrolled in continuing education courses. In both cases, registration is not completed until the student ((completes and)) submits all required registration materials((,)) and pays ((in full for)) all tuition and fees((, and has all these items accepted by the registration office)) in full.

(1) ((Daytime credit courses.)) The college ((prints the)) provides a schedule of dates and times to register ((in "The Quarterly," which is Highline Community College's quarterly schedule of course offerings. One to two weeks before the start of registration, "The Quarterly" is available on campus in Building 6 and by mail. The registration office schedules currently enrolled, former, and newly admitted students, in that order, into three sets of registration appointments according to these rules:)).

(((a))) (2) Currently enrolled and returning students are assigned the first set of registration appointments based on ((the basis of)) the number of credits earned at Highline Community College. ((Students with the highest number of earned credits are assigned the first block of appointments. Subsequent blocks of appointments are assigned on the basis of descending number of credits. Appointments are by date and students may register at any time on or after that date. Appointment dates are only found in registration appointment books located in the registration area, faculty buildings, the library, the Federal Way center, and the advising resource center. Appointment dates are listed by name. These appointment books are available two weeks before registration begins.

(b) Former students are assigned a date to register after currently enrolled student appointments. This date is announced in "The Quarterly." Former students may register any time on or after this date.

(c))) (3) Newly admitted students ((who complete the formal application process described in WAC 132I-160-030 are assigned the last set of appointments. The admissions office will notify these students by mail of their specific appointment time and date. Newly admitted students may)) register ((at their scheduled date and time, may reschedule with the admissions office for a later appointment, or may register during late registration)) during open enrollment.

(((d))) (4) Late registration occurs after the ((period of appointments. It is a period of open enrollment. Fewer courses are available during this period. Students register without appointments. Any student eligible for admission (WAC 132I-160-030) may register during late registration. Mail-in registration is accepted during this period. Forms for mail-in registration are in "The Quarterly." Telephone registration is accepted during specific time periods only. These time periods are listed in "The Quarterly."

(2) Evening and Saturday credit courses and continuing education courses. Any student and any applicant eligible for admission (WAC 132I-160-030) may register for evening, Saturday, and continuing education courses at any time during the registration period without an appointment. Mail-in registration is accepted during this period. Forms for mail-in registration are in "The Quarterly." Telephone registration is accepted during specific time periods only. These time periods are listed in "The Quarterly.")) tenth day of classes.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-065, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-090   Changes in registration.   (1) Changes in schedule: Students may change their course schedule after initial registration. Deadlines for changes ((are announced in "The Quarterly." Submit the change of schedule (add/drop) form to the registration office. Instructors' signatures are required after the first week of the quarter. This form is available in the registration area and educational planning center. Students may wish to talk with an advisor first)) are available on-line and on campus.

(2) Dropping a course: Students may drop courses ((until the end of the ninth week of the quarter (except during summer). Instructors' signatures are required after the first week of the quarter)) as indicated in the registration calendar available on-line. Classes dropped during the first three weeks of the quarter will not appear on student transcripts. ((Instructors have the option of assigning either a withdrawal grade (W) or, if the student is performing failing work at the time of withdrawal, a failing grade (0.0) to students who withdraw from a course after the third week of the quarter. Students may wish to talk with an adviser first. Check "The Quarterly" for the deadline to drop (withdraw) from courses.

(3) Withdrawal from college: Students who wish to withdraw from Highline Community College use the same procedures as for dropping a course. The signature of the instructor of each course is required on the change of schedule (add/drop) form after the first week of the quarter. Students who do not officially withdraw and simply cease to attend courses may be assumed by the instructor to have not met minimum course requirements and therefore may be graded as having failed (0.0) the course.)) Classes dropped after the third week of the quarter will appear on the student transcript with the designation "W" for withdrawal.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-090, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-090, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-100   Fees.   (1) Tuition and fees are based on residency requirements (WAC 132I-160-060) and upon chapter 28B.15 RCW, College and university fees. Tuition ((and fees are)) is set by the Washington state legislature and ((are)) is subject to change. The current tuition and fee schedule is available ((in "The Quarterly)) on-line.(("))

(2) Special quarterly fees:

(a) ((Parking:)) Students who park on-campus must pay a parking fee. ((On-campus parking rates vary according to the number of credit hours. Information about on-campus parking fees, traffic rules and regulations is available at the campus Security Office, Building 6, 878-3710, extension 218.))

(b) ((Some)) Courses may have additional fees as listed ((in)) on the ((official quarterly course schedule. These fees are established by the board of trustees and are listed as "special instructional fees." Further information is available through the registration office)) web site.

(c) Some testing services charge a fee. A list of these services and fees may be obtained from the testing center or on-line web site.

(((d) Some laboratory courses may assess a breakage fee.

(e) Processing fees: No processing fee will be charged for registration changes initiated by the college or for students wishing to add credits. Changes resulting in a reduced number of credits will be charged a two-dollar processing fee. All changes after the end of the third week of the quarter will result in a two-dollar processing fee. There is no charge for a complete withdrawal.

(f) An explanation of fees may be obtained under the "Quarterly Tuition and Fee Schedule" section of the Highline Community College catalog.))

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-100, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-100, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 95-15-026, filed 7/11/95, effective 8/11/95)

WAC 132I-160-110   Refunds.   Refunds resulting from official withdrawal from courses will be computed as follows for state supported courses:

(1) One hundred percent. The refund will be one hundred percent of the amount paid if an official withdrawal form is received in the registration office ((or at the Highline College Federal Way Center)) before the sixth day of instruction of the quarter for which the fees have been paid. The deadlines vary for summer quarter courses, late-starting courses, or short courses. Deadlines are ((published in the quarterly class schedule)) available from the college web site.

(2) ((Cancelled)) Canceled courses. When Highline Community College cancels a course, ((Highline)) the college will refund the total amount paid for the course unless the student enrolls in a course to replace the ((cancelled)) canceled course. If the new course is for fewer credits, ((Highline)) the college will refund the difference.

(3) Forty percent. Highline Community College will refund forty percent of the total amount paid if an official withdrawal form is received in the registration office ((or at the Highline Community College Federal Way Center)) on or after the sixth day of instruction, provided such withdrawal occurs within the first twenty calendar days following the beginning of instruction. The deadlines vary for summer quarter courses, late-starting courses, or short courses. Deadlines are published ((in the quarterly class schedule)) on the college web site.

(4) ((Summer quarter, late starting, and short courses. Refunds for these courses will be determined by the registrar.

(5))) Continuing education classes. To obtain refunds for ((self-support)) continuing education courses, withdrawals must be received forty-eight hours before the first scheduled course meeting. Other refunds, except for course cancellation, will be made at the discretion of the continuation education director ((of continuing education)).

(((6) There is no refund of the nonrefundable fall quarter registration deposit to students who did not pay the total amount of their tuition and fees before the deadline. This deadline is published in the quarterly class schedule.

(7) A processing fee will be withheld from all refunds issued, except when Highline Community College cancels a course, in accordance with chapter 131-28 WAC and under regular college fiscal processes.)) (5) Fees considered "nonrefundable" will be so designated in college materials and/or web sites.

[Statutory Authority: RCW 28B.50.140(13). 95-15-026, 132I-160-110, filed 7/11/95, effective 8/11/95. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-110, filed 7/21/92, effective 8/21/92; Order 013, 132I-160-110, filed 1/6/76.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-160-120   Appeals.   Students have the right to appeal admission and registration deadlines and decisions. ((Students are entitled to two levels of appeal.)) All appeals must be in writing. Admission ((decisions are appealed at the first level to the director of admissions and at the second level to the dean of students. Registration decisions are appealed at the first level to the registrar and at the second level to the dean of administration. The student must initiate an appeal at the first level. If the student is not satisfied with the decision at the first level, the student may appeal at the second level. The results of a second level appeal are final. Students may expect a written response to an appeal within ten working days)) and registration appeals are submitted in writing to the registrar after the student has consulted with the admissions director. Students may expect a written response to an appeal within thirty business days. The registrar's decision is final.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-160-120, filed 7/21/92, effective 8/21/92.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132I-160-025 Admission policy.
WAC 132I-160-031 Admission policy for applicants who are not able to demonstrate they are competent to profit from the college's courses.
WAC 132I-160-047 Admission procedures for applicants who are currently enrolled in a common school district or private high school.

OTS-4699.1


NEW SECTION
WAC 132I-276-017   Definitions.   (1) "Public record" includes any written information relating to the conduct of government 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" means handwriting, typewriting, printing, photostating, photographing, e-mail, electronically maintained documents and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

(3) Highline Community College is an agency organized by statute pursuant to chapter 28B.50 RCW and shall hereinafter be referred to as the "college."

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AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-276-030   Request for documents -- Procedure.   (1) For purposes of compliance with chapter 1, Laws of 1973, a records officer shall be designated by the college president. The duties of the records officer may include, but are not limited to, the implementation of the college's rules and regulations regarding release of public records, coordinating college staff in this regard, and generally insuring compliance by the staff with the public records disclosure requirements.

(2) All documents which are public records as defined by chapter 42.17 RCW are presumptively available for public access, except as restricted by WAC 132I-276-050. Any person wishing to inspect a public record shall submit ((Form 1, described in WAC 132I-276-100. Each request must be presented to the records officer, or to his secretary during regular office hours of the college, as defined in WAC 132I-276-080.

(2))) a written request to the public records officer. The request must include the following information:

(a) The name of the person requesting the record;

(b) The calendar date on which the request was made;

(c) The period of time for which information is requested;

(d) The nature and description of the request;

(e) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

(3) The records officer or her/his designee shall, ((by the close of that business day, if the request is presented before noon, or noon the following business day if the request is presented in the afternoon)) within five business days:

(a) Make the requested document available (with exempt information redacted, if necessary); or

(b) Provide an internet address and link on the college's web site to the specific records requested; or

(c) Acknowledge receipt of the request and provide a reasonable estimate as to when the college will be able to respond to the request; or

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

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

(((d))) (f) Deny access because the document is exempt from public inspection ((under WAC 132I-168-050.

The action taken shall be marked on Form 1 and returned to the person submitting the form.

(3) The registrar is hereby designated as the records officer)).

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-276-030, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-276-045   Review of denials of public records request.   (1) Any person who objects to the denial of a request for a public record may petition, in writing, for prompt review of such decision ((by filing Form 2 (WAC 132I-276-110), together with Form 1 as returned)).

(2) The written request (((Forms 1 & 2))) by a person ((demanding prompt)) requesting review of a decision denying a public record shall be submitted to the president or his designee.

(3) Within ((two)) ten business days after receiving the written request ((by a person petitioning)) for ((prompt)) review of a decision denying a public record, the president or his or her designee, shall complete such review.

(4) During the course of the review the president or his or her designee shall consider the obligations of the district to fully comply with the intent of chapter ((42.17)) 42.56 RCW insofar which requires providing full public access to official records, but shall also consider both the exemptions provided in ((RCW 42.17.310)) chapter 42.56 RCW and the provisions of the statute which require the ((district)) college to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-276-045, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-276-050   Exemptions.   (1) ((Public access to documents exempt under RCW 42.17.310 or exempted from disclosure by other state or federal law shall not be granted, unless the records officer determines that disclosure would not affect any vital governmental interest. If the interest can be protected by deletion of person references, access shall be granted following deletion of such material, and a reasonable time shall be allowed for deleting the material.)) The college reserves the right to withhold documents or redact information that is exempt from disclosure under the provisions of chapter 42.56 RCW or any other applicable laws.

(2) ((Individual files on students of Highline Community College shall be available for inspection only as described by chapter 132I-280 WAC. The only information contained in the individual file of an employee shall be the name, status, salary, and teaching duties of the employee. The employee, however, shall have full access to his/her personnel file.)) The college reserves the right to redact information from public records in any case where such information is exempt from disclosure. A reasonable time shall be allowed for redacting the exempt information. Responses to requests for public records that contain redacted documents shall be accompanied by an exemption log that identifies the redacted document and contains a written statement describing the applicable exemption, the legal citation to the exemption, and a brief description of how the exemption applies to the redacted information.

(3) All denials of requests for public records, whether in part or in whole, must be accompanied by an exemption log containing a description of the document (including the type of record, the number of pages, its date and unless otherwise protected, the name of its author and recipient) a written statement describing the applicable exemption, the legal citation to the exemption, and a brief description of how the exemption applies to the record being withheld or redacted. Where use of any identifying features whatever would reveal protected content, records may be designated by a numbered sequence.

(4) The release or disclosure of student educational records is governed by federal regulation, Family Educational Rights and Privacy Act (FERPA). Separate and different standards and procedures may apply to requests for student educational records.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-276-050, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-276-060   Copying.   ((Persons granted access to public records pursuant to Form 1 shall be allowed to copy such documents on a designated copier of Highline Community College on payment of fifty cents per copy. The registrar will designate the copier and inspect the copies and records after the copying is completed. Payment shall be made to a cashier of the college who will issue a receipt which must be presented to the person in charge of the copying machine. The charge of fifty cents per copy is the reasonable cost of paper and copying charges for Highline Community College.)) No fee shall be charged for the inspection of public records. The college will charge twenty-five cents per page for providing copies of public records. This charge applies to scanning documents into a PDR or other electronic formats, as well as paper copies. This charge is intended to reimburse the college for its actual costs arising from the copying or scanning of requested public records. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the college reserves the right to charge for copies at a rate sufficient to cover any additional costs. The college reserves the right to require a ten percent advance payment of estimated copy or scanning costs before commencing copying or scanning. The college reserves the right to produce copies of documents on a partial or installment basis and charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the college is not obligated to fulfill the balance of the request.

When electronic records are provided on electronic media such as CDs or DVDs, the college may recover the cost of producing the media.

The college may recover the cost of packaging and mailing requested records.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-276-060, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-276-080   Office hours.   For purposes of this chapter, the regular office hours of Highline Community College ((shall be considered 9:00 a.m. through 4:00 p.m., Monday through Friday; except for legal holidays for state employees)) are available on the college web site.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-276-080, filed 7/21/92, effective 8/21/92.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132I-276-070 Protest.
WAC 132I-276-090 Sanctions.

OTS-4700.1


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-300-010   Statement of policy.   ((It is the policy of Highline Community College not to discriminate on the basis of sex, disability, sexual orientation, race, color, national origin, or age in admission and access to, or treatment or employment in its programs or activities)) The college provides equal opportunity in education and employment and does not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age ((Discriminating)) Discrimination Act of 1975, RCW 49.60.030 and their implementing regulations. Prohibited sex discrimination includes sexual harassment (unwelcome sexual conduct of various types).

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: The inappropriate introduction of sexual activities or comments into the work or learning situation, the creation of relationships of unequal power and/or elements of coercion, such as requests for sexual favors as a criterion for granting work, study, or grading benefits. Sexual harassment may also involve relationships among peers of repeated sexual advances or demeaning verbal behavior resulting in a harmful effect on a person's ability to study or work in the academic setting. In addition, third parties may submit claims if a sexual relationship unfairly confers preferential treatment to participant(s) in the relationship.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-300-010, filed 7/21/92, effective 8/21/92.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-300-020   Discrimination and sexual harassments complaints -- Procedure.   (1) Any student or employee who believes that he or she has been the subject of discrimination or sexual harassment, should report the incident or incidents to ((one of the following college representatives: Title IX officer, coordinator of health services, director of the women's programs, director of continuing education)) the chief human resources officer, the administrator so designated by the college president, hereafter referred to as the CHRO. If the complaint is against that official, the complainant should report the matter to the president's office for referral to an alternate designee. The college encourages the timely reporting of any incident(s) of discrimination or sexual harassment.

(2) All reports of incident(s) will be forwarded to the ((Title IX officer)) CHRO for coordination and a determination on how to process the complaint.

(3) ((The Title IX officer shall be an employee designated as such by the president. The president shall communicate his or her designation of the Title IX officer to the community college as part of the president's statement as set forth in Section I, Part 1.

(4))) The student or employee who files a complaint alleging discrimination or sexual harassment (the complainant) may submit a brief written statement of ((facts through one of the college representatives)) allegations to the ((Title IX officer)) CHRO. If the complainant does not submit a written statement, the ((Title IX officer)) CHRO shall prepare a statement of facts which is approved by the complainant. That statement will be forwarded as well to the subject of the complaint, who may choose to submit a response.

(((5))) (4) The ((Title IX officer)) CHRO shall appoint ((one of the college representatives)) a college employee to investigate the complaint. The ((Title IX officer)) CHRO shall inform the complainant and respondent(s) of the appointment.

(((6))) (5) The college representative shall conduct an investigation based upon the written statement submitted by the complainant and, if applicable, respondent(s). If the complainant did not file a written statement, the representative shall conduct an investigation based upon the statement prepared by the ((Title IX officer)) CHRO. ((The Title IX officer will notify the person who is alleged to have committed the discrimination, or the harassment (respondent) of the complaint.

(7))) (6) The college representative shall conduct a thorough investigation. The investigation shall include, but is not limited to, providing the complainant and the respondent the opportunity to state their positions ((and)), interviewing witness, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally thirty days.

(((8))) (7) At the conclusion of the investigation the college representative shall set forth his or her findings and recommendations in writing. The representative shall send a copy of the findings and recommendations to ((the complainant, the respondent, and)) the ((Title IX officer)) CHRO.

(((9))) (8) The ((Title IX officer)) CHRO shall consider the findings and recommendations of the representative. The ((Title IX officer)) CHRO shall determine whether disciplinary action ((is)) may be appropriate. If the CHRO so recommends, he or she will consult with the respondent's appointing authority regarding possible personnel action. These options may include voluntary training/counseling, development of a remediation plan, or formal discipline. The ((Title IX officer)) CHRO shall advise the complainant and respondent of ((his or her)) the college's decision.

(((10))) (9) If the ((Title IX officer)) CHRO and respondent's appointing authority determine((s)) that disciplinary actions should be instituted against an employee the applicable provisions of employee rights and responsibilities shall be followed. These provisions include but are not limited to, state and federal constitutional and statutory provisions, rules ((of the higher education personnel board)) Washington office of financial management, collective bargaining agreements, and college policies.

(((11))) (10) If the ((Title IX officer)) CHRO determines that disciplinary action should be instituted against a student, the applicable provisions of the college student code shall be followed.

(((12))) (11) If the ((Title IX officer)) CHRO determines that disciplinary action is not appropriate and the complainant disagrees, the complainant may appeal, in writing, to the president.

(((13))) (12) The procedures regarding complaints of discrimination shall be published and distributed as determined by the ((Title IX officer)) president or president's designee. Any person who believes he or she has been subjected to sexual harassment will be provided a copy of this policy and procedure.

[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, 132I-300-020, filed 7/21/92, effective 8/21/92.]

OTS-4702.1

Chapter 132I-310 WAC

NONACADEMIC COMPLAINTS AGAINST COLLEGE EMPLOYEES


NEW SECTION
WAC 132I-310-010   Purpose and definition.   The purpose of this procedure is to provide guidelines that promote constructive dialogue, understanding, and informal resolution of complaints and concerns that arise against college employees outside the instructional setting. This process also provides an avenue for formal procedures should an informal approach be ineffective. A complaint is hereby defined as a statement that expresses a complainant's dissatisfaction with the performance or action of a college employee, which the complainant believes to be unfair or inconsistent with college policy or procedures.

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NEW SECTION
WAC 132I-310-015   Exclusions of complaint process.   This procedure is not to be used where other procedures are required for the resolution of specific categories of complaints or appeals. Student concerns covered by existing college policy or procedures (e.g., complaints against faculty members section 807 of the HCEA/HCC negotiated agreement) are excluded from this complaint process and should be brought to the attention of the appropriate college official.

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NEW SECTION
WAC 132I-310-020   Time limitations.   Anyone wishing to express a complaint, as previously defined, should do so no later than ten business days from the time the complainant knew or reasonably should have known of the concern. Timely initiation of a complaint rests with the complainant.

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NEW SECTION
WAC 132I-310-030   Complaint process procedures.   (1) Step 1: Discuss complaint with staff member. The complainant should discuss the complaint informally and thoroughly with the staff member to whom the complaint is directed. Both parties should openly discuss the complaint/concern and attempt to understand the other's perspectives, explore alternatives, and arrive at a satisfactory resolution to the complaint. If the complainant and staff member are unsuccessful at finding a resolution, if either of the parties is unwilling to meet, or if the complainant is dissatisfied with the complaint resolution, they should then move to step 2.

(2) Step 2: Express complaint in writing. Within ten business days of meeting or attempting to meet with the staff member, and the issue remains unresolved, the complainant shall draft a written complaint and forward the written complaint to the staff member and the staff member's immediate supervisor.

(3) Step 3: Supervisor conference. Upon receiving the complainant's written complaint, the staff member's immediate supervisor will ask the staff member for a written response. The supervisor may request supporting materials from either the staff member or complainant. At this step, the supervisor's primary goal is to facilitate a resolution of the matter between the parties. To that end, at his or her discretion, the supervisor may hold a conference with the involved parties, may meet with each individually, or may communicate a proposed resolution(s) in writing. Within fifteen business days of the date the written complaint was received, the supervisor shall provide a written copy of his/her decision to each involved party.

(4) Step 4: Executive conference. If the decision of the immediate supervisor does not resolve the complaint to the satisfaction of the complainant, the executive director of human resources or his or her designee shall, on request of the complainant, convene a conference of all affected supervisors within ten business days. All written statements and supporting materials from involved parties will be provided to the executive director of human resources or his or her designee prior to the conference. The executive director of human resources or his or her designee and the affected supervisors may opt to meet, individually or collectively, with the involved parties. Written materials will be retained in the human resources office. If after discussion, mediation, and review of materials at the conference, the involved parties are unable to find a mutually acceptable resolution, the executive director of human resources or his or her designee shall within five business days render a written decision on the complaint and will provide copies to all involved parties. The decision of the executive director of human resources or his or her designee will be final.

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NEW SECTION
WAC 132I-310-040   Complainant assistance.   At any time during the complaint process, a complainant may request that the executive director of human resources or his or her designee assign a college employee to provide the complainant with guidance and assistance with the complaint process.

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Washington State Code Reviser's Office