WSR 14-03-123

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 21, 2014, 5:02 p.m.]

Subject of Possible Rule Making: Chapter 132U-300 WAC, Complaints—Discrimination; WAC 132U-300-010 Statement of policy: Complaints—Discrimination and/or harassment/intimidation complaint and 132U-300-020 Procedure—Discrimination and/or harassment/intimidation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 28B.50 RCW, Community and technical colleges; RCW 28B.50.100 Board of trustees—Generally and 28B.50.140 Board of trustees—Powers and duties.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The senior assistant attorney general for higher education prepared model policies and procedures for Washington community and technical colleges based upon new federal regulations and best practices for discrimination and harassment. The existing WAC 132U-300-010 statement of policy must be deleted and replaced with the model policy to adhere to the new federal regulations. However, Whatcom Community College (WCC) proposes the deletion of WAC 132U-300-020 Procedure, in order to make timely revisions of required changes in designees and additional new procedures. These new procedures have been approved by the WCC board of trustees and will be prominently posted on the college web site as required by federal regulations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Education recently added new Title IX and Violation [Violence] Against Women Act regulations that require all colleges and universities to expand the rights for victims of sexual harassment and assault. Therefore, colleges must revise their discrimination and harassment policies and procedures to adhere to these new federal regulations.

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 Sheila Pennell, WCC, Rules Coordinator, 237 West Kellogg Road, Bellingham, WA 98226, (360) 383-3077, spennell@whatcom.ctc.edu.

January 21, 2014

Patricia Onion

Vice-President for

Educational Services