WSR 13-20-001 PERMANENT RULES OLYMPIC COLLEGE [Filed September 18, 2013, 2:26 p.m., effective October 19, 2013] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this policy is to establish clear understanding of Olympic College's responses to outstanding student debt.
Citation of Existing Rules Affected by this Order: Amending chapter 132C-122 WAC.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Adopted under notice filed as WSR 13-17-100 on August 21, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 17, 2013.
Thomas Oliver
Rules Coordinator
Chapter
132C
-
122
WAC
WITHHOLDING SERVICES FOR OUTSTANDING STUDENT DEBTS NEW SECTION
WAC 132C-122-005 Purpose.
The purpose of this policy is to establish clear understanding of the college's responses to outstanding student debt.
AMENDATORY SECTION (Amending WSR 78-09-009, filed 8/7/78)
WAC 132C-122-010 Policy.
((If any person, including faculty, staff, student or former student, be indebted to the institution for an outstanding overdue debt, the institution need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, transcripts or other services which have been requested by any such person. The institution reserves the right to set off any funds received from an individual against an outstanding overdue debt.)) Current and former students are expected to meet their financial obligations to the college. To the extent otherwise permitted by law, in response to a student's failure to pay a debt owed to the college the college may: (1) Initiate collection actions; or (2) Make collections from funds received from or on behalf of a student; and/or (3) Deny or withhold: (a) Admission to the college; and (b) Registration at the college; and (c) The conferral of degrees or certificates; and (d) The issuance of academic transcripts; and (e) The provision of other services, including refunds.
AMENDATORY SECTION (Amending WSR 78-09-009, filed 8/7/78)
WAC 132C-122-020 Notification.
((Upon receipt of such a request for services where there is)) (1) Where an outstanding debt ((due the institution from that person)) is owed to the college, the ((institution shall)) college will notify the ((person by first-class mail that the services will not be provided since there is an)) individual in writing of the amount of the outstanding debt ((due the institution, and)). Contained within the notification will be further explanation that ((until that debt is satisfied, no such)) services ((as are requested will be provided the individual. When the institution exercises its right of set off, the institution shall notify the person by first-class mail of the amount applied and balance due, if any.)) may be withheld until that debt is satisfied, unless it is stayed or discharged in bankruptcy. (2) When the college exercises its right to make collections from funds received from or on behalf of a student, the college shall notify the student of the amount applied and balance due, if any. (3) These notices shall state that the individual has a right to appeal the decision to withhold services before a person designated by the president of the college if the individual believes that the debt is not owed or has been stayed or discharged in bankruptcy. The notice shall state that the appeal must be made in writing to the vice-president for administrative services within twenty days from the date of the notice.
AMENDATORY SECTION (Amending WSR 78-09-009, filed 8/7/78)
WAC 132C-122-040 Appeal procedure ((for informal hearing)).
((Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the institution available for review and, at that time, shall hold an informal hearing concerning whether the individual in fact owes or owed any outstanding debts to the institution. After the informal hearing, a decision shall be rendered by the president's designee indicating whether in fact the institution is correct in withholding services or applying set off for the outstanding debt, and if the outstanding debt is in fact owed by the individual involved, the set off shall remain applied and no further services shall be provided. Notification of this shall be sent to the individual within five days after the hearing. Said decision shall constitute an informal proceeding established by the institution pursuant to the Higher Education Administrative Procedure Act as defined in RCW 28B.19.110.)) The appeal shall be conducted as a brief adjudicatory proceeding in accordance with RCW 34.05.482 through 34.05.494.
NEW SECTION
WAC 132C-122-050 Construction.
Nothing in this policy shall be construed as a limitation upon the college in pursuing any lawful means to collect a debt owed by a nonstudent.
REPEALER
The following section of the Washington Administrative Code is repealed:
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