WSR 14-03-124

PREPROPOSAL STATEMENT OF INQUIRY

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

Subject of Possible Rule Making: Chapter 132U-120 WAC, Whatcom Community College (WCC) Student rights and responsibilities; deleting chapter 132U-120 WAC because the existing policy and procedures (chapter 132U-120 WAC) must be entirely rewritten; and adding chapter 132U-125 WAC based upon assistant attorney general (AAG) statewide model policy and procedure recommendations (chapter 132U-125 WAC has not yet been used).

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be Needed and What They Might Accomplish: The existing chapter 132U-120 WAC, Student rights and responsibilities, has out-of-date definitions, jurisdiction, and procedures that must be updated and revised based upon the AAG model policies and procedures and a statewide review of best practices among community and technical colleges. The existing chapter 132U-120 WAC does not address the recent federal and state 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 which require expanded rights for victims of sexual harassment and crimes. These rights must be outlined in the Whatcom Community College (WCC) student rights and responsibilities (student conduct code). These new federal regulations also broadened the jurisdiction of the college to pursue disciplinary action for off-campus student behavior when the college determines that such behavior adversely affects the college. The new United States Department of Education regulations must be implemented in college policies and procedures by April 2014. In addition, the new policies and procedures must address the legalization of marijuana in Washington state and misconduct with new technologies.

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