Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-23-032.

     Title of Rule and Other Identifying Information: WAC 132F-108-050 Brief adjudicative procedures; and chapter 132F-121 WAC, Student conduct code.

     Hearing Location(s): Seattle Central Community College, MAC 180, on April 9, at 3:00-4:30.

     Date of Intended Adoption: April 11.

     Submit Written Comments to: Amanda Davis Simpfenderfer, 1500 Harvard Avenue, Seattle, WA 98122, e-mail amanda.simpfenderfer@seattlecolleges.edu, fax (206) 934-3894, by March 19, 2013.

     Assistance for Persons with Disabilities: Contact Amanda.davis@seattlecolleges.edu, by March 8, 2013, (206) 934-3873.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update the student conduct code to address bullying and appeal process.

     Reasons Supporting Proposal: The Office of Civil Rights, Department of Education requires colleges to address bullying. The proposal also reflects changes in the administrative structure of some of the colleges.

     Statutory Authority for Adoption: RCW 28B.50.140(13).

     Statute Being Implemented: RCW 28B.50.140(13).

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

     Name of Proponent: Seattle Community Colleges, public.

     Name of Agency Personnel Responsible for Drafting: Marci Myer, North Seattle Community College, (206) 934-3669.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules are not predicted to impose any costs on businesses in an industry.

     A cost-benefit analysis is not required under RCW 34.05.328. The Seattle Community Colleges are not required to provide a cost-benefit analysis under RCW 34.05.328 (5)(a).

February 14, 2013

Jill Wakefield

Chancellor

OTS-5239.1

AMENDATORY SECTION(Amending WSR 03-16-015, filed 7/28/03, effective 8/28/03)

WAC 132F-108-050   Brief adjudicative procedures.   This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used, unless provided otherwise by another rule or determined otherwise in a particular case by the district chancellor, the affected campus president, or a designee of either, in regard to:

     (1) Parking violations.

     (2) Outstanding debts owed by students or employees.

     (3) Use of college facilities.

     (4) Residency determinations.

     (5) Use of library -- Fines.

     (6) Challenges to contents of education records.

     (7) Loss of eligibility for participation in institution sponsored athletic events.

     (8) Student conduct appeals involving minor disciplinary actions imposing probation or suspensions of ten instructional days or less and any conditions or terms placed on the student.

     (9) Appeals of decision regarding mandatory tuition and fee waivers.

     Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-108-050, filed 7/28/03, effective 8/28/03. Statutory Authority: RCW 28B.50.140. 94-18-070, § 132F-108-050, filed 9/1/94, effective 10/2/94.]

OTS-5240.2

AMENDATORY SECTION(Amending WSR 03-16-015, filed 7/28/03, effective 8/28/03)

WAC 132F-121-010   Definitions and general provisions.   For purposes of this chapter:

     (1)(a) Bullying is defined as the repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at another student or staff that:

     (i) Intentionally causes physical or emotional imminent harm to the student or damage to the student's property;

     (ii) Places the student in reasonable fear of harm to herself or himself or of damage to the student's property;

     (iii) Creates an unlawful hostile environment at school for the student;

     (iv) Infringes on the rights of the student at school; or

     (v) Is conduct that is sufficiently severe or pervasive to cause material disruption to the ability of a student to participate or benefit in the education program.

     (b) Cyber-bullying is defined as bullying through the use of technology or any electronic communication which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, or photo optical system including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include the creation of a web page or blog in which the creator posted content or messages, if the creation or impersonation creates any of the conditions constituting bullying in the student conduct code. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions constituting bullying in the student conduct code.

     (2) The terms "college" and "campus" are used interchangeably, and each refers to any of the district's three colleges, North Seattle Community College, Seattle Central Community College, and South Seattle Community College. The Seattle Vocational Institute is considered to be part of Seattle Central Community College.

     (((2))) (3) "Day" means calendar day, unless specified otherwise, and deadlines shall be computed in accordance with WAC 10-08-080.

     (((3))) (4) "District" means the sixth state college district, the district administrative offices (Siegal Center), North Seattle Community College, Seattle Central Community College, South Seattle Community College, the Seattle Vocational Institute, and/or every other District VI educational facility, each separately and all together.

     (((4))) (5) "District community" includes, but is not limited to, the district itself and all enrolled students, employees, officers, and invitees of the district.

     (((5))) (6) "District property" includes all real property, buildings, and other facilities that are owned, leased, or controlled by the district or by the state for district purposes.

     (((6))) (7) "Vice-president for student services" means the person whom a college president has appointed to that position or has otherwise designated to perform the functions ascribed to that position in this chapter.

     (((7))) (8) An action or activity that may be authorized or taken by the district chancellor, a vice chancellor, a campus president, or a campus vice-president may also be authorized or taken by any other person whom that officer has specifically designated to perform that function on his/her behalf, but this officer retains responsibility for the function.

     (((8))) (9) After the adoption of these rules, if a statute or rule to which they refer is ((re-numbered)) renumbered or otherwise amended, these rules shall be interpreted to the fullest extent possible to incorporate such amendment while still giving effect to their original purposes.

     (((9))) (10) Service of any document, notice, or copy under this chapter shall be made (a) by personal delivery, (b) by mailing to the recipient's last known address, which service shall be regarded as complete upon deposit in the U.S. mail properly stamped and addressed, or (c) as otherwise authorized by law or rule.

     (11) The term "student" includes all persons taking courses at the district, either full-time or part-time. Persons who withdraw after allegedly violating the student code, who are not officially enrolled for a particular term but who have a continuing relationship with the district, or who have been notified of their acceptance for admission are considered "students" as are persons who are living in district resident halls, although not enrolled at the district.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-010, filed 7/28/03, effective 8/28/03.]

     (2) A college may require, as a condition of access to campus funds and/or facilities, demonstration or proof of the student enrollments of a student organization's members. However, any list of members compiled for such purposes shall not be publicly disclosed except in accordance with applicable law. A college may, in its discretion, permit others, such as students' spouses, to participate in a student organization's activities under appropriate conditions.

     (3) Each year, before a student organization may be recognized or function as such, or may use services and activities funds, a college employee must ((agree)) be identified to serve as its advisor and his/her name must be ((provided to and)) approved by the vice-president for student services or designee. ((No campus employee may serve as the advisor for more than two student organizations at the same time.))

     (4) Where funds are allocated to a student organization, financial accountability is required. Student organizations' funds shall be maintained at the college, in college accounts. The organizations shall keep detailed written records of their income and expenditures and shall assure that these can be reconciled with the campus budget and accounting system. Student organizations' financial records must be made available upon request to the student government organization and to any administrative officer designated by the college president.

     (5) A college president may withdraw a student organization's recognition and funding for good cause. Such cause shall include, but not be limited to, (a) failure to comply with this rule or other district requirements or (b) hazing.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-030, filed 7/28/03, effective 8/28/03.]

     (2) No individual student, student group or student organization shall falsely indicate or represent that his, her, or its own position on any policy or issue is that of the district or of any campus.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-050, filed 7/28/03, effective 8/28/03.]

     (2) For the purposes of this chapter, a "complaint" is defined as a good faith ((claim,)) allegation based on personal experience or knowledge((, that the respondent employee or student (a) has violated a specific legal or district requirement or has otherwise acted without reasonable care (b) on district property or during an event or activity that the district conducts, participates in, or sponsors, (c) in a manner that had or has a significant detrimental effect on)) by a student or students that there has been a violation, misapplication, or misinterpretation of some service or rule as it applies to students in the institution by a staff or faculty member of the institution, resulting in loss or detriment to the complainant. However, an objection to disciplinary action under the student conduct code is only appealable under that code, and cannot constitute a complaint.

     (3) Each college president shall appoint a complaints officer to handle student complaints. This position shall be filled by an employee whose position is below the level of vice-president. The district chancellor shall designate a complaints officer to handle complaints against Siegal Center employees. If the president or chancellor determines, upon request, that the complaints officer has a disqualifying personal interest in a particular matter, he/she may appoint a substitute complaints officer for that matter. Information on the identity and location of the complaints officer(s) and about this procedure shall be readily available within each college.

     (4) The complaints officer shall be responsible for taking appropriate actions to try to resolve complaints. ((Information on the identity and location of the complaints officer(s) and about this procedure shall be readily available within each college.))

     (5) A complaint may be ((initiated)) addressed under either the informal process or the formal process, as set forth below. Students are encouraged to begin with the informal process.

     (6) No respondent or district employee shall take adverse action or otherwise retaliate against a student because that student initiated a good faith complaint or assisted another student with a complaint.

     (7) If more than one type of complaint or more than one respondent is included in one complaint, the complaints officer may, upon request, provide for appropriate modification(s) of these procedures.

     (8) If a respondent employee is unavailable, or otherwise fails or refuses to participate timely in a complaint proceeding, the respondent's supervisor may((, upon request and in her/his discretion,)) act or designate another person to act in the complaint proceeding on that employee's behalf. However, no action by a substitute may subject the respondent employee to discipline.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-060, filed 7/28/03, effective 8/28/03.]

     (2) A student who has a complaint is encouraged to discuss the matter directly with the respondent to attempt to resolve it.

     (3) If the student complainant believes that discussion with an employee respondent will not achieve or has not achieved a satisfactory result, the ((complainant)) student may communicate about the matter with the respondent's supervisor((, if any. If the complainant identifies the matter as a complaint under this procedure, the supervisor shall, within the earlier of five days following that communication or any deadline established in an applicable collective bargaining agreement, appropriately notify the respondent of the complaint. The supervisor also shall, within the earlier of fifteen days following that communication or any deadline established in an applicable agreement, meet or attempt to meet with the respondent and otherwise attempt to resolve the complaint)).

     (4) Any participant in the informal process may request the complaint officer's assistance in obtaining a resolution.

     (5) This informal process ((shall be deemed to be terminated if the complainant files a timely formal complaint related to the same matter)) must be completed in a timely manner.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-070, filed 7/28/03, effective 8/28/03.]

     (9) This decision of the reviewing administrator shall be the final decision of the district on that complaint.)) (1) To be considered under the formal process, a complaint must be filed in writing with the campus complaints officer by the final day of the quarter following the quarter in which the problem occurred, except as otherwise provided in WAC 132F-121-090 for a grade complaint. For purposes of complaints, the quarter which follows spring quarter is fall quarter. The written document should fully specify the facts and other grounds on which the complaint is based, and should include copies of relevant supporting documents when feasible. The complaints officer may extend any deadline herein for good cause.

     (2) If the complaints officer determines that the complaint does not qualify to be addressed through the formal process, that officer must inform the student, explaining the reasons in writing within five working days. The student complainant may obtain review of that notice of complaint disqualification by filing a written request with the complaints officer under subsection (9) of this section.

     (3) If the complaints officer determines that the complaint does qualify as such, that officer must serve copies of the complaint and the supporting documents on the individual named in the complaint (the respondent) and the respondent's supervisor, within five working days.

     (4) The respondent, upon receiving notice of the formal complaint, shall provide a response in writing to the complaints officer, and to the respondent's supervisor, within ten working days.

     (5) The complaints officer must forward the written response, or the information that no response was received, to the student complainant within five working days of receipt of the response, or five working days from when a response was due.

     (6) If the student complainant finds that the response or lack thereof is unsatisfactory she/he has five working days in which to submit a written request for the complaints officer to schedule a conference with the respondent to discuss the matter.

     (7) Upon receipt of such request, the complaints officer has five working days to schedule the conference which must be convened within ten working days of receipt of the students' request or as soon thereafter as feasible. This conference will include the student, the respondent, and his or her supervisor, and be moderated by the complaints officer.

     (8) During this conference the complaints officer shall try to facilitate resolution. The complaints officer shall produce a written statement summarizing the conference and provide copies to all parties within ten working days of the conference.

     (9) The student complainant may request a review of the outcome of the complaint conference (or of a complaint disqualification) by submitting a written request for administrative review to the complaints officer within five working days of receiving the conference summary.

     (10) The complaints officer shall forward, within five working days, the request for administrative review, the complaint, supporting documents, and the conference summary either to the vice-president of instruction (if the officer determines that the complaint is predominantly an instructional matter), or to the vice-president for student services (if the officer determines that the complaint is predominantly noninstructional in nature).

     (11) This administrator shall review the complaint and documentation, and may also interview knowledgeable persons as appropriate. The administrator should render a written decision within ten working days after receiving the complaint and documents, or as soon thereafter as feasible. The administrator may accept, reject, or modify any of the previous action(s) in the matter, and/or take other action(s). This decision shall be in writing and shall be served on the student complainant and others deemed appropriate.

     (12) This decision of the reviewing administrator shall be the final decision of the district on that complaint.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-080, filed 7/28/03, effective 8/28/03.]

     (2) A student may formally grieve only the final grade received in a course, but that complaint may include any or all of the components of that final grade. For a grade complaint, the respondent(s) shall be, or include, the instructor who issued the grade.

     (3) ((Instead of the deadline in WAC 132F-121-080,)) A formal complaint regarding a grade must be filed not later than the last day of the quarter which follows the quarter for which the disputed grade was received, except that a complaint regarding a spring quarter grade may be filed through the last day of the following fall quarter.

     (4) In specifying the facts and other grounds on which it is based, the formal complaint shall specify the grade that is being challenged and should attach copies of relevant documents. The response on behalf of the respondent shall include, to the extent feasible, the applicable evaluation criteria, copies of the course syllabus and relevant grading records, and the faculty member's explanation for the grade.

     (5) Ordinarily the evaluation of course mastery is exclusively within the province of the instructor of a particular course, and so a grade change may be initiated only by that instructor. However, if a formal grade complaint is ultimately reviewed by the vice-president of instruction, and she/he finds that the grade was issued for an improper reason or was arbitrary and capricious or otherwise unlawful, that vice-president may change the grade in the records of the college.

     (6) Nothing in these rules shall be construed to limit the separate authority of the vice-president of instruction to change a grade when required by a judicial order or a legal settlement agreement entered into by the district, regardless of whether a complaint has been filed.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-090, filed 7/28/03, effective 8/28/03.]

     (1) Any act of course-related dishonesty, including but not limited to cheating or plagiarism.

     (a) Cheating includes, but is not limited to, using, or attempting to use, any material, assistance, or source which has not been authorized by the instructor to satisfy any expectation or requirement in an instructional course, or obtaining, without authorization, test questions or answers or other academic material that belong to another.

     (b) Plagiarism includes, but is not limited to, using another person's ideas, words, or other work in an instructional course without properly crediting that person.

     (c) Academic dishonesty also includes, but is not limited to, submitting in an instructional course either information that is known to be false (while concealing that falsity) or work that is substantially the same as that previously submitted in another course (without the current instructor's approval).

     (2) Any other act of college-related dishonesty. Such acts include, but are not limited to:

     (a) Forgery, alteration, or misuse of any district document, record, or instrument of identification;

     (b) Tampering with an election conducted by or for district students; or

     (c) Furnishing false information, or failing to furnish correct information, in response to the request or requirement of a district officer or employee.

     (3) Obstruction or disruption of (a) any instruction, research, administration, disciplinary proceeding, or other district activity, whether occurring on or off district property, or (b) any other activity that is authorized to occur on district property, whether or not actually conducted by the district.

     (4) Assault, physical abuse, verbal abuse, threat(s), intimidation, harassment, bullying, or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of any student, any district officer or employee, or any other person who is on district property or is participating in a district activity.

     (5) Attempted or actual damage to, or theft or misuse of, real or personal property or money of (a) the district or state, (b) any student or district officer, employee, or organization, or (c) any other person or organization lawfully present on district property, or possession of such property or money after it has been stolen.

     (6) Failure to comply with the direction of a district officer or employee who is acting in the legitimate performance of his or her duties, or failure to properly identify oneself to such a person when requested to do so.

     (7) Participation in any activity which unreasonably disrupts the operations of the district or infringes on the rights of another member of the district community, or leads or incites another person to engage in such an activity.

     (8) Possession or use, without express authorization by the district chancellor or a campus president, of any explosive, incendiary device, dangerous chemical, weapon, or other device or substance which can be used to inflict bodily harm or to damage real or personal property.

     (9) Hazing. Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an organization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student.

     (10) Being observably under the influence of any alcoholic beverage, or otherwise using, possessing, consuming, or selling any alcoholic beverage, except as permitted by law and authorized by the chancellor or a college president.

     (11) Being observably under the influence of any legend drug, narcotic drug or controlled substance as defined in chapters 69.41 and 69.50 RCW, or otherwise using, possessing, ((consuming)) delivering, or selling any such drug or substance, except (a) in accordance with a lawful prescription for that student by a licensed health care professional or (b) as permitted by law and authorized by the chancellor or a college president.

     (12) Obstruction of the free flow of pedestrian or vehicular movement on district property or at a district activity.

     (13) Conduct which is disorderly, lewd, or obscene.

     (14) Breach of the peace, or aiding, abetting, or procuring a breach of the peace.

     (15) Discriminatory action which harms or adversely affects any student or district employee because of her/his race, color, national origin, mental or physical disability, gender, sexual orientation, age, creed, or religion.

     (16) Sexual harassment of a student or district employee. This includes, but is not limited to, engaging in unwelcome sexual advances, requests for sexual favors, ((or other conduct of a sexual nature where such behavior offends or would offend a reasonable and prudent person)) and other verbal, nonverbal, or physical conduct of a sexual nature that has the effect of denying or limiting a student's ability to participate or benefit from any of the college's programs.

     (17) Other harassment of a student or district employee. This includes, but is not limited to, repeated and unwelcome following (stalking) or contacting of such a person or making a threat which places that person in reasonable fear of bodily harm.

     (18) Smoking inside a campus building or in or on any other property where smoking is not authorized.

     (19) Theft or other misuse of computer time or other electronic information resources of the district. Such misuse includes but is not limited to:

     (a) Unauthorized use of such resources or opening of a file, message, or other item;

     (b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item;

     (c) Unauthorized use or distribution of someone else's password or other identification;

     (d) Use of such time or resources to interfere with someone else's work;

     (e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image;

     (f) Use of such time or resources to interfere with normal operation of the district's computing system or other electronic information resources;

     (g) Use of such time or resources in violation of applicable copyright or other law; ((or))

     (h) Adding to or otherwise altering the infrastructure of the district's electronic information resources without authorization; or

     (i) Failure to comply with the district's electronic use policy.

     (20) Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to district property, or unauthorized entry onto or into district property.

     (21) Abuse or misuse of any of the procedures relating to student complaints or misconduct, including but not limited to:

     (a) Failure to obey a subpoena;

     (b) Falsification or misrepresentation of information;

     (c) Disruption, or interference with the orderly conduct, of a proceeding;

     (d) Interfering with someone else's proper participation in a proceeding;

     (e) Destroying or altering potential evidence, or attempting to intimidate or otherwise improperly pressure a witness or potential witness;

     (f) Attempting to influence the impartiality of, or harassing or intimidating, a student conduct committee member; or

     (g) Failure to comply with any disciplinary sanction(s) imposed under this student conduct code.

     (22) Operation of any motor vehicle on district property in an unsafe manner or in a manner which is reasonably perceived as threatening the health or safety of another person.

     (23) Violation of any other district rule, requirement, or procedure, including but not limited to any that is posted in electronic form, the district's traffic and parking rules, or the requirements for carpool parking.

     (24) Violation of any federal, state, or local law, rule, or regulation.

     (25) Aiding, abetting, inciting, encouraging, or assisting another person to commit any of the foregoing acts of misconduct.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-110, filed 7/28/03, effective 8/28/03.]

     (2) Any member of the district community may make a complaint against a student whom she/he believes has violated this student conduct code. Such a complaint should ordinarily be filed in writing with the vice-president for student services. However, no such complaint is required in order for that vice-president to take action on any matter that comes to his/her attention.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-140, filed 7/28/03, effective 8/28/03.]

     (2) After considering the information that has been obtained through investigation and/or from the student, the vice-president may take any of the following actions:

     (a) Terminate the proceeding, exonerating the student;

     (b) Give any appropriate counseling or advice and then terminate the proceeding;

     (c) Impose disciplinary sanction(s), subject to any right of appeal as described herein; or

     (d) Refer the matter to the student conduct committee for such action as it deems appropriate. Such referral shall be in writing, to the attention of the committee chair, with a copy served on the student.

     (3) A "respondent" as referred to hereinafter is a student upon whom a disciplinary sanction has been imposed or whose case has been referred to the student conduct committee.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-150, filed 7/28/03, effective 8/28/03.]

     (a) Warning: Oral notice to the student of the violation(s). There shall be no appeal from a warning.

     (b) Reprimand: Written notice to the student of the violation(s). A reprimand indicates, and usually states, that other or further misconduct, especially any continuation or repetition of the misconduct in question, may or will result in more serious disciplinary action. There shall be no appeal from a reprimand.

     (c) Probation: Placement of one or more conditions on the student's continued attendance, as specified in the written notice to the student. The time period of the probation will ordinarily be stated in the notice; if not stated at all, or if so stated, the probation shall be for an indefinite period, concluding only with the end of the student's enrollment.

     (d) Suspension from activities: Disqualification of the student, for a stated or indefinite period of time, from participation in specified (or all) privileges, services, or activities that are provided or sponsored by the district.

     (e) Suspension of enrollment: Termination, for a stated or indefinite period of time, of all rights as an enrolled student in the college and/or the district, subject to the student's right to seek reinstatement as provided in WAC 132F-121-240.

     (f) Expulsion: Permanent termination of a student's enrollment, and right to enroll, at any college or other educational facility in the district.

     (g) Grade change: Lowering of a student's grade in a course below that awarded by the instructor.

     (2) The conditions or terms of probation or suspension may include, without limitation:

     (a) Restriction of future contact or communication with designated persons;

     (b) Restriction of the student's access to district property; and/or

     (c) Payment for personal injury, property damage, or other expenses related to the violation((.));

     (d) Requirement of a medical evaluation by a qualified professional to assess the student's ability to function in the academic environment. Upon completion of the medical evaluation, the student may be readmitted so long as the student does not pose a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. In determining whether students with disabilities (as defined by Section 504 of the Rehabilitation Act, Title II of the ADAAA, and chapter 49.60 RCW) pose such a direct threat, the vice-president of student services or designee will make an individualized assessment based on reasonable judgment that relies on current medical knowledge or on the best available evidence, to ascertain the nature, duration, and severity of the risk and the likelihood, imminence, and nature of future harmful conduct to others in the college community;

     (e) Requirement of satisfactory completion of anger management therapy or other specified counseling.

     Failure to comply with a condition or term of probation or suspension shall be cause for further disciplinary sanction.

     (3) A respondent's record of past misconduct may be considered in determining the appropriate disciplinary action.

     (4) A summary suspension ((and/or an emergency suspension)) under WAC 132F-121-250 may be combined with or added to another suspension or an expulsion.

     (5) A suspension or expulsion may include a provision stating whether all or any part of the respondent's tuition and other fees will be refunded.

     (6) A disciplinary sanction, except a warning, shall be imposed through written notice served on the respondent. Each notice of disciplinary action shall state:

     (a) A reasonable description of the facts on which the action is based;

     (b) The provision(s) of this student conduct code found to have been violated;

     (c) The sanction(s) imposed; and

     (d) The respondent's right to appeal, i.e., to request an adjudicative proceeding, under these rules (except for a reprimand).

A copy of these student conduct rules should be included with the notice.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-160, filed 7/28/03, effective 8/28/03.]

     (2) If the vice-president has referred the matter to the student conduct committee for action, no appeal is required, but the student may file a written response with the vice-president within twenty days of service of that referral.

     (3) Except for conduct matters referred for brief adjudicative proceedings, the vice-president shall promptly transmit any notice of appeal or response to referral, together with a copy of any notification of discipline, to the chair of the student conduct committee, described below. The vice-president should serve a copy of that transmittal on the respondent.

     (4) Except through a summary suspension ((and/or emergency suspension)) under WAC 132F-121-250, a respondent's enrollment status and rights as an enrolled student shall not be altered, on the basis of a disciplinary sanction imposed by the vice-president, until (a) the appeal period has run without a proper appeal being filed or (b) if there is an appeal, either that appeal has been withdrawn or the final order has been entered.

     (5) If a respondent files a timely appeal of a probation or suspension that includes restrictions on contacts, communications, or campus access, the vice-president will ordinarily modify those restrictions as necessary to facilitate the respondent's preparation for the hearing.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-170, filed 7/28/03, effective 8/28/03.]

     (2) This committee shall be composed of the following three members:

     (a) One administrator or exempt employee, appointed by the college president;

     (b) One member of the faculty, appointed by the college president; and

     (c) One student, appointed by the president of the recognized student government organization.

     (3) Each appointment shall be accompanied by the appointment of two alternates. Each member and alternate shall serve for the academic year or until a replacement is appointed, whichever is longer. When a member is not available for a hearing, the committee chair shall designate an alternate to replace him/her for that hearing. If a member or alternate ceases to serve, a successor shall be promptly appointed. A member or alternate may be reappointed in any role.

     (4) The administrator or exempt employee shall be the committee chair.

     (5) ((No employee who reports to, or is subject to the authority of, the vice-president who handles student disciplinary matters may be a committee member, as further provided in RCW 34.05.458.)) A committee member is subject to disqualification for bias, prejudice, interest, or as further provided in RCW 34.05.425.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-180, filed 7/28/03, effective 8/28/03.]

     (2) Chapter 34.05 RCW and chapter 10-08 WAC govern committee proceedings and control in the event of any conflict with these rules. The district's chapter 132F-108 WAC also governs committee proceedings.

     (3) The chair of the committee shall give not less than seven days advance written notice of the hearing to all parties, as further specified in RCW 34.05.434 and WAC 10-08-040 and 10-08-045. The chair may shorten this notice period if both parties agree, and also may continue the hearing to a later time for good cause.

     (4) The committee chair may provide to the committee members in advance of the hearing copies of (a) the vice-president for student service's notification of imposition of discipline (or referral to the committee) and (b) the notice of appeal (or any response to referral) by the respondent. If doing so, however, the chair should remind the members that these "pleadings" are not evidence of any facts they may allege.

     (5) The committee chair is authorized to conduct prehearing conferences and/or to make prehearing decisions, except as overridden by majority vote of the committee, concerning the extent and forms of any discovery, issuance of protective orders, and similar procedural matters.

     (6) Upon request made at least five days before the hearing by either the respondent or the vice-president, the two of them shall exchange, no later than the third day prior to the hearing, lists of potential witnesses and copies of potential exhibits that they reasonably expect to present in their respective cases, except impeachment or rebuttal evidence. Failure to participate in good faith in such a requested exchange may be cause for exclusion from the hearing of any witness or exhibit not disclosed, absent a showing of good cause for such failure.

     (7) The respondent and the vice-president may agree before the hearing to designate specific exhibits as admissible without objection and, if they do so, whether the committee chair may provide copies of these admissible exhibits to the committee members before the hearing.

     (8) The vice-president shall provide reasonable assistance to the respondent, upon request, in obtaining relevant and admissible evidence that is within the college's control.

     (9) Communications between committee members and other persons regarding any issue in the proceeding, other than procedural communications that are necessary to maintain an orderly process, are generally prohibited without notice and opportunity for all parties to participate, and any improper "ex parte" communication shall be placed on the record, as further provided in RCW 34.05.455.

     (10) Each party may be accompanied at the hearing by a nonattorney assistant of his/her choice. A respondent may elect to be represented by an attorney, but will be deemed to have waived that right unless, at least four days before the hearing, written notice of the attorney's identity and participation is served on both the chair and the vice-president. If the respondent is represented by an attorney, the vice-president may also be represented by an attorney. If both the respondent and vice-president have counsel, the committee will ordinarily be advised by a separate assistant attorney general.

     (11) Minor disciplinary actions imposing probation or suspension of ten instructional days or less and any conditions or terms placed on the student may be conducted by a brief adjudicative proceeding in accordance with RCW 34.05.482 through 34.05.494.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-190, filed 7/28/03, effective 8/28/03.]

     (c) After the emergency suspension order is served, the vice-president and the committee shall proceed as quickly as feasible to complete the appeal proceeding.)) (1) A summary suspension is a temporary exclusion from specified college premises or denial of access to all activities or privileges for which the student might otherwise be eligible, during which an investigation and/or formal disciplinary procedures are pending.

     Suspension may be imposed, if the vice-president for student services or his/her designee(s) has cause to believe that any student:

     (a) Has violated any provision of the code of conduct; and

     (b) Presents an immediate danger to the health, safety or welfare of members of the college community; or

     (c) If the student poses an ongoing threat of disruption of, or interference with, the operations of the college, that student may be summarily suspended.

     (2) Notice. Any student who has been summarily suspended shall be served with written notice or verbal notice of the summary suspension. If such notice is made in writing, it shall be provided by certified mail and first class mail delivered to the student's last known address.

     (3) The oral or written notice to the student shall include the reasons for summary suspension, duration of the summary suspension, and any possible additional disciplinary or corrective action that may be taken. The notification shall indicate that the student must appear before the vice-president of student services or designee for a summary suspension hearing at a time specified in the notice. If oral notice is given, written notice shall follow within two calendar days. In addition, the vice-president for student services or designee shall set a date for summary suspension hearing as soon as practicable.

     (4) The student shall be given the opportunity to present written and/or oral evidence. The issue before the vice-president for student services or designee shall be whether probable cause exists to support and to continue the summary suspension.

     (5) The vice-president for student services or designee shall issue a written order within two days of the informal hearing, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision to justify the determination of an immediate danger and the vice-president's decision to take the specific action.

     (6) If a student who has been summarily suspended fails to appear for a summary suspension hearing, the vice-president for student services may order the suspension to remain in place pending the final disposition of the disciplinary process as provided in this section.

     (7) The student may request a de novo review of the informal hearing decision before the student conduct committee. The review will be scheduled promptly. Either party may request the review to be consolidated with any other disciplinary proceeding arising from the same matter.

     (8) Nothing herein shall prevent faculty members from taking summary action as may be reasonably necessary to maintain order in the classroom and/or prevent substantial disruption to the educational process. Such summary action in the form of removal from the classroom may not exceed one day per episode. Any such summary action may be appealed to the vice-president for student services for a brief adjudicative proceeding.

[Statutory Authority: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140. 03-16-015, § 132F-121-250, filed 7/28/03, effective 8/28/03.]