WSR 14-14-051
EXPEDITED RULES
SEATTLE COMMUNITY COLLEGES
[Filed June 25, 2014, 3:35 p.m.]
Title of Rule and Other Identifying Information: Title 132F WAC.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Amanda Davis Simpfenderfer, Seattle Community College, 1500 Harvard Avenue, Seattle, WA 98122, AND RECEIVED BY September 2, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Removing the word "community" from the name of the colleges. The new names will be Seattle Central College, South Seattle College, North Seattle College, Seattle College District, and the Seattle Colleges.
Reasons Supporting Proposal: The Seattle Colleges board of trustees voted at its March 13 board meeting to change the name of the colleges within College District VI to Seattle Central College, South Seattle College, North Seattle College, Seattle College District, and the Seattle Colleges.
Statutory Authority for Adoption: RCW 28B.50.140(13).
Statute Being Implemented: RCW 28B.40.040(6).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Dr. Jill Wakefield, chancellor, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Carin Weiss, Vice-Chancellor, 1500 Harvard Avenue, Seattle, WA 98122, (206) 934-6744.
May 19, 2014
Jill Wakefield
Chancellor
AMENDATORY SECTION (Amending WSR 03-16-015, filed 7/28/03, effective 8/28/03)
WAC 132F-01-010 Appointing authority.
(1) The board of trustees of ((Community)) Seattle College District VI is the appointing authority for employees of the district, pursuant to RCW 28B.50.140. RCW 28B.10.528 provides that the board may delegate any of its powers and duties to the district president or his designee, and RCW 28B.50.140(14) provides that the board may delegate any of its powers and duties to the district president. In District VI, the district president also carries the title of "chancellor."
(2) The board of trustees of ((Community)) Seattle College District VI delegates to the district president (or any acting district president or interim district president) the appointing authority for the campus presidents and the district office personnel.
(3) The president of ((Community)) Seattle College District VI designates, and the board of trustees delegates to the campus presidents (or any acting campus president or interim campus president) the appointing authority for their respective campuses.
(4) The chancellor or a campus president may designate another person to act as the respective appointing authority in his or her absence.
AMENDATORY SECTION (Amending Order 1970-2, filed 3/27/70)
WAC 132F-20-020 Adoption of rules.
Upon adoption by the board of trustees of Seattle ((Community College, Community)) College District VI, these rules shall be in full force and effect.
Chapter  132F-104  WAC
SEATTLE ((COMMUNITY)) COLLEGE DISTRICT BOARD OF TRUSTEESRULES AND REGULATIONS
AMENDATORY SECTION (Amending WSR 03-16-015, filed 7/28/03, effective 8/28/03)
WAC 132F-104-010 Regular meetings of the ((Community)) Seattle College District VI board of trustees.
The board of trustees will hold regular meetings in accordance with the Open Public Meetings Act, chapter 42.30 RCW, and other applicable law. These meetings will be held during eleven months of the year (except August) on the second Thursday, unless that day is a legal holiday, in which case the meeting will be on the next business day, or unless the date is otherwise modified by board action. The dates, times, and places for such regular meetings shall be specified by motions, resolutions, or other appropriate actions of the board, or otherwise in accordance with applicable law.
AMENDATORY SECTION (Amending WSR 94-18-070, filed 9/1/94, effective 10/2/94)
WAC 132F-108-040 Application for adjudicative proceeding.
An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address:
Seattle ((Community)) College District VI
1500 Harvard Avenue
Seattle, Washington 98122
Written application for an adjudicative proceeding should be submitted to the above address within ((20)) twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-003 Purpose.
Pursuant to chapter 196, Laws of 1971 ex. sess., the board of trustees of ((Community)) Seattle College District No. 6 establishes the following rules to strengthen methods of administering employer-employee relations through the establishment of orderly methods of communication between academic employees of ((Community)) Seattle College District No. 6 and the board of trustees of ((Community)) Seattle College District No. 6.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-006 Request for electionCanvass of academic employees by independent and neutral person or association.
Any organization of academic employees of ((Community)) Seattle College District No. 6 desiring to be recognized as the majority organization representing such employees pursuant to chapter 196, Laws of 1971 ex. sess., shall request in writing of the board of trustees of ((Community)) Seattle College District No. 6 that an election be held to determine whether a majority of such employees desire to designate it as their representative for the purposes of the act. Upon the receipt of such a request the board of trustees of ((Community)) Seattle College District No. 6 will request some independent and neutral person or association to determine whether thirty percent or more of the academic employees of ((Community)) Seattle College District No. 6 have indicated that they desire to be represented by that organization for such purposes. The independent and neutral person or association shall make such determination upon the basis of records of dues, paying memberships, signed authorizations to represent, or other reliable and probative evidence.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-009 Notice of electionOrganizations to be included on ballotTime for filing.
If the independent and neutral person or association determines that thirty percent or more of the academic employees of ((Community)) Seattle College District No. 6 have indicated that they desire to be represented by that organization for such purposes, the board of trustees of ((Community)) Seattle College District No. 6 will publish a notice that it will hold an election as soon as practical to determine whether the academic employees of ((Community)) Seattle College District No. 6 desire the requesting organization or any other organization to represent them for the purposes of chapter 196, Laws of 1971 ex. sess. Any other organization of academic employees desiring to be designated as the majority organization representing such employees shall, within seven days after publication of such notice by the board of trustees of ((Community)) Seattle College District No. 6, file with the board of trustees a request in writing that its name be included on the ballot in the election to be held together with written proof of at least ten percent representation of the academic employees of the district. The request by this organization shall be submitted to the same neutral person or association designated pursuant to WAC 132F-112-006 who shall rule according to the criteria stated therein as to each request received pursuant to this section. No organization shall be permitted to have its name placed on the ballot used in the election unless such a request has been received within seven days after the publication of the notice that an election will be held.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-012 Contents of notice of electionDesignation of chief election officerDuties.
The notice published by the board of trustees of ((Community)) Seattle College District No. 6, pursuant to WAC 132F-112-009, shall state the date, hours, and polling places for the election. The notice shall also designate a chief election officer of the election and charge him with the duty of preparing the ballots and promulgating instructions concerning the details of the election to be conducted pursuant to WAC 132F-112-003 through 132F-112-063.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-021 Ballots.
The ballots used in any election held pursuant to WAC 132F-112-003 through 132F-112-063 shall be in the following form:
To select for representation purposes pursuant to chapter 196, Laws of 1971 ex. sess., a majority organization to represent academic employees of ((Community)) Seattle College District No. 6.
 
Vote for one
ORGANIZATION X
ORGANIZATION Y
NO ORGANIZATION (neither)
Do not sign your name or put other identifying marks on this ballot. Should you incorrectly mark this ballot or otherwise spoil it, you may return it to the chief election officer or his inspector and obtain a new ballot.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-042 Election inspectors' duties after voting has terminated.
When all voting has terminated at a polling place, the election inspectors will bring to the chief election officer at the ((Community)) Seattle College District office the following:
(1) Signed voting list of eligible academic employees((, 2)));
(2) All unused ballots((, 3)));
(3) All challenged ballots((, and 4))); and
(4) The sealed ballot box containing all ballots cast.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-048 Counting of ballotsProcedureCertification of results of electionRetention of ballotsSigned voting lists.
When ballot boxes from all voting places have been received by the chief election officer's inspector, he shall open them and thoroughly mix all ballots cast so that it is impossible to identify the polling place from which any particular ballot came. The ballots cast shall be separated into the categories as they have been cast for organizations participating in the election, for no organization, and void ballots which are unintelligible or for an organization not participating in the election. The ballots in these categories shall be counted by the chief election officer with the assistance of such of his election inspectors as shall be necessary in the presence of the inspectors for the organizations participating in the election. After the ballots have been so counted each inspector designated by the organizations to serve at the ((community)) Seattle College District office shall indicate by his signature upon the tally sheet that he agrees with the count made, or in case of disagreement, he shall write a short statement of his grounds for disagreement with the count. The chief election officer shall certify to the board of trustees the results of the election within forty-eight hours after the polls have been closed. The used ballots, the unused ballots, the challenged ballots, and the signed voting lists of eligible academic employees shall be kept by the chief election officer or some person designated by him for one year after the election.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-057 Persons eligible to voteDefinition of "academic employee."
All academic employees of ((community)) Seattle College District No. 6 shall be eligible to vote pursuant to WAC 132F-112-003 through 132F-112-063 who are employed at the time of the election provided for by such rules and who: 1) Are employed on a full-time basis, or 2) if employed on a part-time basis, have been employed as an academic employee of the district for at least one other quarter (i.e., fall, winter, spring, or summer quarter) during either the current or the previous academic year. "Academic employee" shall mean any teacher, counselor, librarian, or department head, division head, or administrator, who is employed by ((community)) Seattle College District No. 6, with the exception of the chief administrative officer of the district.
AMENDATORY SECTION (Amending Order 3415, filed 4/27/72)
WAC 132F-112-060 Election determined by majority of valid votes castRunoff election.
An organization of academic employees which receives a majority of the valid votes cast in an election held in accordance with WAC 132F-112-003 through 132F-112-063 shall be recognized as representing the academic employees of ((community)) Seattle College District No. 6 pursuant to chapter 196, Laws of 1971 ex. sess. If more than one organization of academic employees has participated in an election and a majority of the valid votes cast have not been either for representation by one of the organizations or for no representation, a runoff election shall be held. In such a runoff, only those two choices receiving the highest number of valid votes cast in the initial election shall appear on the ballot.
AMENDATORY SECTION (Amending Order 15, filed 4/24/74)
WAC 132F-113-010 Nepotism policy.
WAC 132F-112-010 through 132F-112-040 shall be known as the ((community)) Seattle College VI nepotism policy.
AMENDATORY SECTION (Amending Order 15, filed 4/24/74)
WAC 132F-113-020 Definitions.
(1) Major organizational component: The following are considered major organizational components of the Seattle ((Community)) College District.
(a) North Seattle ((Community)) College
(b) Seattle Central ((Community)) College
(c) South Seattle ((Community)) College
(d) Seattle ((Community)) College District office, including the president's office, employee relations, office for curriculum services, business services, facilities management and planning, and systems and computing services.
(2) Employee: Any individual who receives payment for services rendered to the Seattle ((Community)) College District is considered an employee of the district, except for outside vendors and contractors.
(3) Relatives: A family relationship is considered to exist between an employee and: Spouse, mother, father, child (including foster and adopted children), siblings, grandparents, cousins, uncles, aunts, nephews, nieces, and in-laws.
AMENDATORY SECTION (Amending Order 15, filed 4/24/74)
WAC 132F-113-040 Basic nepotism policy.
In the appointment of its faculty and staff members, the Seattle ((Community)) College District seeks those persons qualified to fulfill the institution's teaching and service obligations. Accordingly, members of the same family may be appointed to district faculty and staff positions when it has been determined that they are the most qualified candidates for the position. However, according to state law a person may not be hired into a position that would result in a relationship where one individual is involved in the appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease of a member of the individual's family or of a person with whom there is substantial economic interest.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-010 Traffic rules and regulations.
(1) The motor vehicle and other traffic laws of the state of Washington shall be applicable upon all lands located within the state of Washington.
(2) The traffic code of the city of Seattle shall be applicable upon all lands located within the city of Seattle.
(3) These regulations shall be applicable to all state lands which are or may hereafter be devoted mainly to educational, public service, and other activities sponsored or endorsed by Seattle ((Community)) College District VI.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-020 Permits required for vehicles.
No person shall park or leave any vehicle, whether attended or unattended, upon any officially designated parking area of Seattle ((Community)) College District VI without a valid parking permit. No vehicle shall be parked in any parking area without a permit for that area, except state-owned vehicles used by the college.
(1) A valid permit is:
(a) An unexpired parking decal properly registered and displayed in accordance with instructions.
(b) An authorized temporary or visitor permit, displayed in accordance with the instructions on the permit.
(2) Parking permits are not transferable.
(3) The college reserves the right to refuse the issuance of a parking permit.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-100 ParkingSpecial exemptions.
(1) Consideration shall be given to provide parking for the following (on a space available basis):
(a) Members of the press, television and radio on official business.
(b) ((Vehicle[s])) Vehicles owned by contractors and their employees working on campus construction.
(2) Members of the college board of trustees and retired employees of the Seattle ((Community)) College District will be given complimentary annual permits.
(3) Federal, state, county, city and school district personnel on official business and in vehicles with tax exempt licenses.
AMENDATORY SECTION (Amending WSR 13-11-127, filed 5/21/13, effective 6/21/13)
WAC 132F-121-010 Definitions and general provisions.
For purposes of this chapter:
(1)(a) Bullying is defined as the repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at another student or staff that:
(i) Intentionally causes physical or emotional imminent harm to the student or damage to the student's property;
(ii) Places the student in reasonable fear of harm to herself or himself or of damage to the student's property;
(iii) Creates an unlawful hostile environment at school for the student;
(iv) Infringes on the rights of the student at school; or
(v) Is conduct that is sufficiently severe or pervasive to cause material disruption to the ability of a student to participate or benefit in the education program.
(b) Cyber-bullying is defined as bullying through the use of technology or any electronic communication which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, or photo optical system including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include the creation of a web page or blog in which the creator posted content or messages, if the creation or impersonation creates any of the conditions constituting bullying in the student conduct code. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions constituting bullying in the student conduct code.
(2) The terms "college" and "campus" are used interchangeably, and each refers to any of the district's three colleges, North Seattle ((Community)) College, Seattle Central ((Community)) College, and South Seattle ((Community)) College. The Seattle Vocational Institute is considered to be part of Seattle Central ((Community)) College.
(3) "Day" means calendar day, unless specified otherwise, and deadlines shall be computed in accordance with WAC 10-08-080.
(4) "District" means the sixth state college district, the district administrative offices (Siegal Center), North Seattle ((Community)) College, Seattle Central ((Community)) College, South Seattle ((Community)) College, the Seattle Vocational Institute, and/or every other District VI educational facility, each separately and all together.
(5) "District community" includes, but is not limited to, the district itself and all enrolled students, employees, officers, and invitees of the district.
(6) "District property" includes all real property, buildings, and other facilities that are owned, leased, or controlled by the district or by the state for district purposes.
(7) "Vice-president for student services" means the person whom a college president has appointed to that position or has otherwise designated to perform the functions ascribed to that position in this chapter.
(8) An action or activity that may be authorized or taken by the district chancellor, a vice chancellor, a campus president, or a campus vice-president may also be authorized or taken by any other person whom that officer has specifically designated to perform that function on his/her behalf, but this officer retains responsibility for the function.
(9) After the adoption of these rules, if a statute or rule to which they refer is renumbered or otherwise amended, these rules shall be interpreted to the fullest extent possible to incorporate such amendment while still giving effect to their original purposes.
(10) Service of any document, notice, or copy under this chapter shall be made (a) by personal delivery, (b) by mailing to the recipient's last known address, which service shall be regarded as complete upon deposit in the U.S. mail properly stamped and addressed, or (c) as otherwise authorized by law or rule.
(11) The term "student" includes all persons taking courses at the district, either full-time or part-time. Persons who withdraw after allegedly violating the student code, who are not officially enrolled for a particular term but who have a continuing relationship with the district, or who have been notified of their acceptance for admission are considered "students" as are persons who are living in district resident halls, although not enrolled at the district.
AMENDATORY SECTION (Amending Order 12, filed 5/22/73)
WAC 132F-124-010 Financial obligations of students.
Admission to or registration with the colleges of ((Community)) Seattle College District VI, conferring of degrees and issuance of academic transcripts may be withheld for failure to meet financial obligations to the college or district.
AMENDATORY SECTION (Amending Order 3, filed 9/20/72)
WAC 132F-136-010 Use of college facilities.
Because the Seattle ((Community)) College is an educational institution provided and maintained by the people of the state, its campus, buildings, properties, and facilities shall be reserved at all times for those activities which either are related directly to its educational mission or are justifiable on the basis of their contributions to the cultural, social, or economic development of the state.
AMENDATORY SECTION (Amending Order 35, filed 11/21/77)
WAC 132F-136-060 Prohibited conduct at college facilities.
(1) State law relative to public institutions govern the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful narcotics or drugs, not medically prescribed, on college property or at college functions, is prohibited. Students obviously under the influence of intoxicants, unlawful drugs or narcotics while in college facilities shall be subject to disciplinary action.
(2) A lottery or any other form of gambling is prohibited at Seattle ((Community)) College District.
(3) The use of tobacco is restricted by law and by regulations of the fire marshal to designated smoking areas.
(4) Destruction of property is also prohibited by state law in reference to public institutions.
AMENDATORY SECTION (Amending WSR 14-01-015, filed 12/6/13, effective 1/6/14)
WAC 132F-142-010 Statement of purpose.
The Seattle ((Community)) Colleges are educational institutions provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the colleges. The public character of the colleges does not grant to individuals the right to substantially interfere with, or otherwise disrupt the normal activities for and to which the colleges' facilities and grounds are dedicated. Accordingly, the colleges are designated public forums opened for the purposes recited herein and further subject to the time, place, and manner provisions set forth in these rules.
The purpose of the time, place and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the colleges' responsibility to fulfill their mission as state educational institutions of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The colleges recognize that college groups should be accorded the opportunity to utilize the facilities and grounds of the colleges to the fullest extent possible. The college intends to open its campus to noncollege groups to the extent that the usage does not conflict with the rights of college groups or substantially disrupt the educational process.
AMENDATORY SECTION (Amending WSR 14-01-015, filed 12/6/13, effective 1/6/14)
WAC 132F-142-020 Definitions.
(1) "College facilities" or "campus" includes all buildings, structures, grounds, office space, and parking lots.
(2) "College group" means individuals who are currently enrolled students or current employees of the Seattle ((Community)) Colleges or individuals who are sponsored by faculty, a recognized student organization or a recognized employee group of the college.
(3) "Noncollege group" means individuals or groups who are not currently enrolled students or current employees of the Seattle ((Community)) Colleges.
(4) "Public forum areas" means those areas of each campus that the college has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner provisions.
(5) "Sponsor" means that when a college group invites a noncollege group onto campus, the college group will be responsible for the activity and will designate an individual to be present at all times during the activity. The sponsor will ensure that those participating in the sponsored activity are aware of the college's rules and policies governing the activity. This definition does not apply to noncollege groups that rent college facilities.
AMENDATORY SECTION (Amending WSR 14-01-015, filed 12/6/13, effective 1/6/14)
WAC 132F-142-040 Additional requirements for noncollege groups.
(1) College facilities may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities in accordance with the Seattle ((Community)) Colleges' rules.
(2) The college designates its grounds and outdoor spaces as the public forum area(s) for use by noncollege groups for first amendment activities on campus. Nothing in these rules prohibits noncollege groups from engaging in first amendment activities at open public meetings, subject to the requirements of RCW 42.30.050.
(3) Noncollege groups at North Seattle ((Community)) College and South Seattle ((Community)) College may use the public forum areas for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. and those colleges and their campuses are not open to the general public except during these times. Due to Seattle Central ((Community)) College's urban setting, there are no temporal restrictions on first amendment activities at that college except as otherwise provided in these rules.
(4) Before engaging in first amendment activities, all noncollege groups are encouraged to sign in and notify the college of the noncollege group's presence on campus and to acknowledge receipt of these rules and to ensure that there are no scheduling conflicts. This notice does not involve any application or approval process, and therefore, the ability to use designated areas will not be denied unless they are already reserved for use by another group. This notice is intended to provide the college with knowledge of the noncollege group's presence on campus so that the college can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated area. When signing in, the individual or group are encouraged to provide the following information:
(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the activity (hereinafter "the sponsoring organization"); and
(b) The name, address, and telephone number of a contact person for the sponsoring organization; and
(c) The date, time, and requested location of the activity; and
(d) The type of sound amplification devices to be used in connection with the activity, if any; and
(e) The estimated number of people expected to participate in the activity.
AMENDATORY SECTION (Amending WSR 87-08-026, filed 3/26/87)
WAC 132F-148-010 Policy statement.
The policy of Seattle ((Community)) College District (((SCCD)) SCD) is to provide equal opportunity to all its employees and applicants for employment, and to assure that there is no discrimination against any persons on the grounds of race, ethnicity, creed, color, religion, national origin, age, gender, sexual orientation, marital status, or the presence of any physical, sensory, or mental handicap, except where a disability may impede performance to an acceptable level. However, reasonable accommodations will be made for known physical or mental limitations for all otherwise qualified persons of disability. The Seattle ((Community)) College is committed to affirmative action for Asians, Blacks, Hispanics, Native Americans, women, persons between the ages of 40 and 70, persons of disability, and disabled and Vietnam-era veterans. This policy extends to all areas of employment and to all relations with employees including recruitment, selection and placement, compensation, promotion and transfer, disciplinary measures, demotions, layoffs and terminations, testing and training, daily working conditions, awards and benefits, and other terms and conditions of employment.
The importance of fulfilling this policy is given top priority consideration in the day-to-day operations of the SCCD. All employees have been, and will continue to be, made aware that any violations of this policy by an employee shall result in appropriate disciplinary action, including termination, if warranted.
Affirmative action is a priority in the district because it insures equal employment opportunities for all applicants, while also assisting in ways to hire underrepresented groups in the district's labor force.
The successful implementation of this policy will depend upon a cooperative spirit and commitment to achieve the goals set forth. The district will work with the district minority task forces and the greater Seattle communities in seeing that the SCCD affirmative action plan/program, which is updated annually and included in the appendices of this manual, is implemented in a responsible and conscientious manner.
AMENDATORY SECTION (Amending WSR 85-13-076, filed 6/19/85)
WAC 132F-148-060 Personnel policies relative to affirmative action.
(1) Age discrimination. Seattle ((Community)) College District will provide equal opportunity for all persons without regard to age. The district does not discriminate on the basis of age in any employment practices including hiring, promotion, demotion, transfer, recruitment, layoff and return from layoff, termination, fringe benefits, selection for training, and other terms of employment.
Further, the district does not specify a minimum or maximum age requirement on its advertisements for employees except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement.
(2) Employment of Vietnam era veterans and disabled veterans. Seattle ((Community)) College District does not discriminate against Vietnam era veterans or disabled veterans in any employment practices including but not limited to hiring, promotion, demotion, transfer, compensation, layoff, fringe benefits, selection for training, and other terms and conditions of employment. Advertisements for positions are sent to all relevant offices and agencies.
(3) Employment of disabled persons. Seattle ((Community)) College District does not discriminate against any employee or applicant for employment because of a disability with regard to any position for which the employee or applicant is qualified. Further, the district does not discriminate against disabled persons with regard to promotion, demotion, transfer, layoff or return from layoff, termination, compensation, fringe benefits, training opportunities, and other terms and conditions of employment.
The district will make reasonable accommodations within budgetary limits for those who are disabled to allow them to perform the duties of the jobs for which they are qualified.
Several ((on-going)) ongoing efforts are aimed at insuring nondiscrimination for disabled persons:
(a) Evaluation of physical accommodations to assure that they are accessible.
(b) Review of faculty and administrative job requirements to assure that they are job-related and do not screen out qualified disabled applicants.
(c) Review of administrative job descriptions to assure that they are accurate and are not written to exclude qualified disabled applicants.
(d) Periodic articles in district publications related to legal and other aspects of the employment of disabled persons.
AMENDATORY SECTION (Amending Order 17, filed 5/22/73)
WAC 132F-162-040 Borrower classification.
Within the college community there are several readily identifiable library material user groups for which the character and intensity of use differs. The primary groups are credit and noncredit students, faculty, administrative personnel and nonacademic staff. Borrowers are classified as:
(1) Credit students;
(2) Employees of the district;
(3) Continuing education, noncredit students.
The instructional resources center may extend services on proper identification to persons not affiliated with the college. Borrowing privileges may be extended to such persons if they reside within ((Community)) Seattle College District VI, or if they are a duly enrolled student or faculty member of one of the other state community colleges, or if they are spouses of . . . . . . ((Community)) College faculty, administrative or nonacademic staff members. The instructional resources center extends services to other libraries through the "interlibrary loan" process. These borrowers are classified as:
(4) Community patrons;
(5) Reciprocal students and faculty from other state community colleges;
(6) Spouses of borrower class (2);
(7) Retired faculty of . . . . . . ((Community)) College;
(8) Other libraries through the "interlibrary loan" process.
AMENDATORY SECTION (Amending Order 17, filed 5/22/73)
WAC 132F-162-050 Identification card.
Each student borrower is responsible for obtaining an official identification number affixed to his or her student body card by the college instructional resources center. Each nonstudent borrower is responsible for obtaining an official identification card from the head librarian of the instructional resources center. Reciprocal students and faculty must provide official identification from their institutions in order to obtain a . . . . . . ((Community)) College identification card.
AMENDATORY SECTION (Amending Order 11, filed 4/19/73)
WAC 132F-164-010 Promulgation.
Pursuant to the authority granted by RCW 43.19.190 and chapter 34.04 RCW the Seattle ((Community)) College District hereby promulgates the following rules and regulations with respect to bidding, bids, and contracts.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-010 Access to public records.
(1) The Seattle ((Community)) College District VI is a community college district organized under RCW 28B.50.040. The Seattle ((Community)) College District VI's central office is located at 1500 Harvard Ave., Seattle, WA 98122. The Seattle ((Community)) College District VI has field offices at:
• 9600 College Way North, Seattle, WA 98103
• 6000 16th Ave. S.W., Seattle, WA 98103
• 1701 Broadway, Seattle, WA 98122
• 2120 South Jackson St., Seattle, WA 98144
(2) Any person wishing to request access to public records of Seattle ((Community)) College District VI, or seeking assistance in making such a request should contact the public records officer of the Seattle ((Community)) College District VI at:
Public Records Officer
Seattle ((Community)) College District VI
1500 Harvard Ave.
Seattle, WA 98122
206-934-3873
SCCDPublicRecordsRequest@seattlecolleges.edu
(3) The public records officer will oversee compliance with the act but another Seattle ((Community)) College District VI staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the Seattle ((Community)) College District VI will provide the "fullest assistance" to requestors; create and maintain for use by the public and Seattle ((Community)) College District VI officials an index to public records of the Seattle ((Community)) College District VI; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the Seattle ((Community)) College District VI.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-020 Purpose.
(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.
(2) The purpose of these rules is to establish the procedures Seattle ((Community)) College District VI will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the Seattle ((Community)) College District VI and establish processes for both requestors and Seattle ((Community)) College District VI staff that are designed to best assist members of the public in obtaining such access.
(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the Seattle ((Community)) College District VI will be guided by the provisions of the act describing its purposes and interpretation.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-030 Request for document inspection.
(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Seattle ((Community)) Colleges, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at either the district office or at a field office when those records are stored or maintained at that location. To make arrangements to inspect records at a Seattle ((Community)) College District field office, contact the public records officer to schedule the inspection.
(2) Records index. An index of public records is available for use by members of the public, including nonexempt final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW 42.56.070(5), issued after June 30, 1990, by the board of trustees of the district, the presidents of the colleges, or their designees.
Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.
Requests for access to indexes. Information regarding public inspection of indexes, their location, and a schedule for revising and updating these indexes can be obtained by contacting the public records officer.
(3) Organization of records. The Seattle ((Community)) College District VI will maintain its records in a reasonably organized manner. Seattle ((Community)) College District VI will take reasonable actions to protect records from damage and disorganization. A requestor shall not take Seattle ((Community)) College District VI records from Seattle ((Community)) College District VI offices without the permission of the public records officer or designee. A variety of records are available on the Seattle ((Community)) College District VI web site at www.seattlecolleges.edu. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
(4) Making a request for public records.
(a) Any person wishing to inspect or copy public records of the Seattle ((Community)) College District VI should make the request in writing on the Seattle ((Community)) College District VI request form, or by letter, fax, or e-mail addressed to the public records officer (SCCDPublicRecordsRequest@seattlecolleges.edu) and including the following information:
Name of requestor;
Address of requestor;
Other contact information, including telephone number and any e-mail address;
Identification of the public records adequate for the public records officer or designee to locate the records; and
The date and time of day of the request.
(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to WAC 132F-168-060, standard photocopies will be provided at fifteen cents per page.
(c) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-040 Review of denials of public records.
(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.
(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the appropriate vice-chancellor. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the Seattle ((Community)) College District VI's receipt of the petition, or within such other time as mutually agreed upon by the Seattle ((Community)) College District VI and the requestor.
(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the Seattle ((Community)) College District VI denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.
(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-050 Exemptions.
The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by Seattle ((Community)) College District VI for inspection and copying:
(1) The Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; the Uniform Trade Secrets Act, chapter 19.108 RCW; attorney-client privileged communications, RCW 5.60.060(2).
(2) Examination of individual files of Seattle ((Community)) College District students shall be in accordance with the provisions of district policy and procedure 380, student records.
(3) The Seattle ((Community)) College District VI is prohibited by statute from disclosing lists of individuals for commercial purposes.
(4) Pursuant to RCW 42.56.540, the Seattle ((Community)) College District VI reserves the right to seek to enjoin the examination of any specific record, the examination of which the district determines would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially and irreparably damage vital governmental functions.
AMENDATORY SECTION (Amending WSR 14-07-091, filed 3/18/14, effective 4/18/14)
WAC 132F-168-060 Copying.
(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain photocopies for fifteen cents per page. The district reserves the right to use outside vendors for large projects when an outside vendor can provide copies quicker or for less cost. The requestor will be required to pay the cost charged by the vendor.
Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The Seattle ((Community)) College District VI will not charge sales tax when it makes copies of public records.
(2) Costs for electronic records. The cost of scanning existing Seattle ((Community)) College District VI paper or other nonelectronic records is four cents per page. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee. A statement of the factors and the manner used to determine this charge is available from the public records officer.
If the requestor asks that the electronic records be provided on CD or DVD, the requestor will be charged the cost of the CD or DVD. If the electronic records are too large to be e-mailed through the Seattle ((Community)) College District e-mail system, they will be provided on CD or DVD, and the requestor will be charged accordingly.
(3) Costs of mailing. The Seattle ((Community)) College District VI may also charge actual costs of mailing, including the cost of the shipping container.
(4) Payment. Payment may be made by cash, check, or money order to the Seattle ((Community)) College District VI.
AMENDATORY SECTION (Amending WSR 85-21-016, filed 10/7/85)
WAC 132F-200-010 Tenure.
The board of trustees of Seattle ((Community)) College District VI reserves to itself the final determination of the granting of tenure to any academic employee of the district; the dismissal of a tenured academic employee; or the dismissal of a probationer during the term of his/her contract, pursuant to the policies of the board of trustees, the agreement with Seattle ((Community)) College federation of teachers and the laws of the state of Washington.
AMENDATORY SECTION (Amending Order 31, filed 9/20/76)
WAC 132F-325-010 Seattle ((Community)) College District environmental policy.
(1) Capital projects proposed by Seattle ((Community)) College shall, to the fullest extent possible, be developed in a manner consistent with the provisions of the State Environmental Policy Act (SEPA) - Chapter 43.21C RCW, the council on environmental policy SEPA guidelines - Chapter 197-10 WAC, and the SBCCE SEPA implementation rules - WAC 131-24-030.
(2) The "responsible official" for the purposes of this policy, shall be the district president or the college presidents for their respective campuses.
AMENDATORY SECTION (Amending WSR 85-13-075, filed 6/19/85)
WAC 132F-419-010 Sexual harassment policy.
Sexual harassment is an illegal activity and will not be tolerated in the Seattle ((Community)) College district. Students, faculty, and all other employees of the district shall be made aware that management will investigate all sexual harassment complaints. Awareness activities made available to all college groups will include appropriate training, workshops, and written materials providing information about sexual harassment, its prevention, and complaint procedures. Any employee or student who feels that she/he has been sexually harassed is encouraged to deal with the situation as outlined in the appropriate procedures.
In recognition of the fact that sex discrimination in the form of sexual harassment is a violation of section 703, Title VII of the Civil Rights Act of 1964 and chapter 49.60 RCW, which prohibits discrimination on the basis of race, color, religion, national origin, or sex, Seattle ((Community)) College District hereby declares that sexual harassment of students and/or staff by any member of the district community will not be tolerated.
(1) For purposes of this policy, sexual harassment will be defined as any behavior or action, either physical or verbal, which is sexual in nature and is uninvited, unwanted, or nonreciprocal((,)); and:
(((1))) (a) Submission to it is either an implicit or explicit condition of employment or educational opportunity; or
(((2))) (b) Submission to, or rejection of it is used as a basis for employment or educational decisions; or
(((3))) (c) It has the purpose or effect of negatively interfering with the individual's work or educational performance or creating an intimidating, hostile, or offensive work or educational environment.
(2) It may include, but is not limited to the following:
(((1))) (a) Unwelcome and/or repeated sexual advances.
(((2))) (b) Offensive, disparaging remarks about one's gender or appearance.
(((3))) (c) Remarks about one's physical appearance which implies sexual interest.
(((4))) (d) Subtle pressure for sexual activity.
(((5))) (e) Unnecessary offensive brushes or touches.
(((6))) (f) Offensive sexual graffiti.
(((7))) (g) Physical aggression such as pinching, patting, or grabbing.
(((8))) (h) Sexual innuendos.
(((9))) (i) Written communications with sexual overtones.
(((10))) (j) Sexually offensive remarks disguised as humor.
(((11))) (k) Obscene gestures.
AMENDATORY SECTION (Amending WSR 85-13-075, filed 6/19/85)
WAC 132F-419-040 Formal complaint procedures.
If no satisfactory resolution can be achieved at the informal level, the complainant may file a formal written complaint according to the Seattle ((Community)) College District affirmative action plan formal complaint procedures.