WSR 14-02-024

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 20, 2013, 1:59 p.m.]

Subject of Possible Rule Making: Delete chapter 132A-120 WAC, Student rights and responsibilities, replace with new chapter 132A-125 WAC, Student rights and responsibilities.

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Rules on this Subject may be Needed and What They Might Accomplish: Current student rights and responsibilities rule is out-of-date; last agency filing 2001. The new rule is needed to update misconduct and incorporate Title IX and Violence Against Women Act procedural elements. The new rule contains substantial reorganization of existing and new material. For clarity, it is easier to delete the old rule and create a new rule.

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 2011; 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; and review by student affairs committee, APPR, college council, president's cabinet, and board of trustees.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jack Huls, Vice-President for Student Service, (36) [(360)] 417-6225, or jhuls@pencol.edu to provide comments on this rule, or Patricia Fischer, executive assistant to the president and rules coordinator, (360) 417-6201 or pfischer@pencol.edu.

December 20, 2013

P. A. Fischer

Rules Coordinator