WSR 13-21-146

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 23, 2013, 9:45 a.m.]

Subject of Possible Rule Making: Delete chapter 495C-120 WAC, Student conduct code, replace with new chapter 495C-121 WAC, Student conduct code; delete chapter 495C-140 WAC, Use of college facilities, replace with new chapter 495C-141 WAC, Use of college facilities.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140(13).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current code of conduct rule is out of date; last agency filing 2003. New rule needed to update misconduct, incorporate Title IX procedural elements, create appeals board and move use of facilities sections to new use of facilities WAC. Current use of facilities rule is out of date; last update May 26, 2000; new rule needed to incorporate facility use sections moved from student conduct code and to update rules on expressive activity on college facilities. Both new rules contain substantial reorganization of existing material and additions of new materials. For clarity, it [is] easier to delete old rules and create new rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Education, Office for Civil Rights has provided colleges with recent specific guidance on Title IX requirements: Dear Colleague Letter, April 4, 2011, and Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties, January 2001; May 9, 2013, University of Montana-Missoula OCR compliance review and settlement agreement. See also 2013 amendment to Violence Against Women Act.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting June Stacey-Clemons, Vice-President for Student Services, Clover Park Technical College, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499, (253) 589-5546, june.stacey-clemons@cptc.edu; or Jim Tuttle, Chief Human Resources, Legal Affairs Officer, Clover Park Technical College, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499, (253) 589-5533, jim.tuttle@cptc.edu.

October 23, 2013

Jim Tuttle

Chief Human Resources

Legal Affairs Officer