WSR 14-07-018 PROPOSED RULES LOWER COLUMBIA COLLEGE [Filed March 7, 2014, 9:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-03-064.
Title of Rule and Other Identifying Information: WAC 132M-300-001 Nondiscrimination and antiharassment policy; and repealing WAC 132M-300-010 Grievance procedure.
Hearing Location(s): Lower Columbia College, Heritage Room, Administration Building, Room 100, 1600 Maple Street, Longview, WA 98632, on May 21, 2014, at 5:00 p.m.
Date of Intended Adoption: May 21, 2014.
Submit Written Comments to: Kendra Sprague, HR, Lower Columbia College, 1600 Maple Street, P.O. Box 3010, Longview, WA 98632, e-mail ksprague@lcc.ctc.edu, fax (360) 442-2129, by May 14, 2014.
Assistance for Persons with Disabilities: Contact Kendra Sprague by May 19, 2014, TTY (360) 442-2344 or (360) 442-2121.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is an update of the existing policy to bring the code into alignment with the current laws regarding violence against women and discrimination/harassment. The grievance procedure is being repealed and will be replaced by an administrative procedure reflecting current procedures.
Reasons Supporting Proposal: To update discrimination and harassment policy.
Statutory Authority for Adoption: RCW 28B.50.140 and 42.56.040.
Statute Being Implemented: RCW 28B.50.140 and 42.56.040.
Rule is necessary because of federal law, Violence Against Women Act and Title IX of the Civil Rights Act of 1964.
Name of Proponent: Lower Columbia College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kendra Sprague, 1600 Maple Street, HR – ADM, Longview, WA 98632, (360) 442-2121
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will not impact any entity other than Lower Columbia College.
A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.
March 7, 2014
Kendra Sprague
Director of HR
and Legal Affairs
AMENDATORY SECTION (Amending WSR 92-09-092, filed 4/17/92, effective 5/18/92)
WAC 132M-300-001 ((Statement of)) Nondiscrimination and antiharassment policy.
((Lower Columbia College is covered by Title IX of the Education Amendments of 1972 prohibiting sex discrimination in education and Section 504 of the Rehabilitation Act of 1973 prohibiting discrimination on the basis of handicap. It is the policy of Lower Columbia College to provide equal opportunity in all areas of admission, education, application for employment, and employment regardless of sex or handicap status.
It is also the policy of Lower Columbia College to provide an environment in which members of the college community can work or study free from sexual harassment or sexual intimidation. Sexual harassment is a form of sex discrimination. As such, it is a violation of Title VII of the 1964 Civil Rights Act and Title IX of the 1972 Education Amendments.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement or standing; and/or
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; and/or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.)) The college provides equal opportunity in education and employment and does not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Age Discrimination in Employment Act of 1967, RCW 49.60.030 and their implementing regulations. Prohibited gender based discrimination includes sexual harassment.
Harassment is defined as a form of discrimination consisting of physical or verbal conduct that:
(1) Denigrates or shows hostility toward an individual because of the their race, creed, color, religion, national or ethnic origin, parental status or families with children, marital status, sex (gender), sexual orientation, gender identity or expression, age, genetic information, veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or any other prohibited basis; and
(2) Is sufficiently severe or pervasive so as to substantially interfere with the individual's employment, education or access to college programs, activities and opportunities.
Sexual Harassment is defined, for the purposes of this policy as follows: Unwelcome sexual advances, requests for sexual favors, and other unwelcome conduct of a sexual nature where:
(a) Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or education; or
(b) Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting any individual; or
(c) such unwelcome conduct is sufficiently severe or pervasive, has the effect of substantially interfering with an individual's educational or work performance, or creating an intimidating, hostile, or offensive educational environment.
Sexual violence is a form of sexual harassment.
REPEALER
The following section of the Washington Administrative Code is repealed:
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